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AI can't be listed as inventor on patent applications, Japan's top court rules

japannews.yomiuri.co.jp

11–20 of 219 posts

Re: AI can't be listed as inventor on patent applications, Japan's top court rules

#11
post #5

This is consistent with rulings in other courts globally around IP rights. IP protects content created by humans. Your AI slop is effectively public domain.

That isn’t what the courts have decided. They just decided it has to be a human on the patent application name. You can use whatever tool you want to get there, but if you patent a thing, it has to be a human in the name.

Re: AI can't be listed as inventor on patent applications, Japan's top court rules

#12
post #5

This is consistent with rulings in other courts globally around IP rights. IP protects content created by humans. Your AI slop is effectively public domain.

It heavily depends on human involvement. AI is merely a tool.

Re: AI can't be listed as inventor on patent applications, Japan's top court rules

#13
post #5

This is consistent with rulings in other courts globally around IP rights. IP protects content created by humans. Your AI slop is effectively public domain.

Your ai slop is effectively something you own, because you wrote the prompt.

Re: AI can't be listed as inventor on patent applications, Japan's top court rules

#14

I don't personally feel the inevitable UBI/subsistance will make intellectual property much of a patentable/profitable field (...for too much longer), thanks to generative AIs' massive transformations (entrylevel &+). The US ruled similarly to Japan, but years ago , from copyrights through patents... from my limited POV, the LLMs (specifically) and art models are just regurgitating stolen concepts ... echo'ing Picass…

You're absolutely right!

Re: AI can't be listed as inventor on patent applications, Japan's top court rules

#15
post #5

This is consistent with rulings in other courts globally around IP rights. IP protects content created by humans. Your AI slop is effectively public domain.

That isn’t what the courts have decided. They just decided it has to be a human on the patent application name. You can use whatever tool you want to get there, but if you patent a thing, it has to be a human in the name.

I think we’re saying the same thing. If you’re using AI as a tool to support human creative content that’s one thing. But what courts are pushing back on is trying to patent/protect content where the core creator was AI. That’s what most people mean when they say “AI slop.” There courts are consistently saying you can’t protect this.

Re: AI can't be listed as inventor on patent applications, Japan's top court rules

#16
post #9
post #5

This is consistent with rulings in other courts globally around IP rights. IP protects content created by humans. Your AI slop is effectively public domain.

> Your AI slop is effectively public domain. I haven't been able to square this belief (This is what i believe too.) with what I perceive as so, so many people making projects, putting them on github and slapping an MIT/GPL license on them. If IP rights can't be applied to generated code then how are they able to apply a such a license to them? I've asked this before and the response was along the lines of people thi…

Because the “AI slop is uncopyrightable” people are misunderstanding court rulings like this. It’s not that AI output can’t by protected by IP, it’s that AI is not a person and so you can’t assign IP rights to it. You CAN assign IP rights to the human who did it (if they can show it’s non-trivial, like a haiku or photographer).

Re: AI can't be listed as inventor on patent applications, Japan's top court rules

#17
In my opinion, no jurisdiction in the world would be able to approve AI as an inventor on patent applications.

And for a very simple reason: you could easily overwhelm any intellectual property bureau just by having your AI drown them in AI slop. Even if most of these patents get refused, just refusing a patent is a lot of work, I imagine.

Re: AI can't be listed as inventor on patent applications, Japan's top court rules

#18
post #8
post #5

This is consistent with rulings in other courts globally around IP rights. IP protects content created by humans. Your AI slop is effectively public domain.

That's not how I understand it. AI is a tool, like your keyboard or your code editor. Those can't own patents. That doesn't mean anything produced by those tools is public domain, it just means the attribution has to belong to a human.

>>That doesn't mean anything produced by those tools is public domain

They can't produce anything on their own. They have to be prompted which is initiated by humans at this point, so the patents can be owned by the initiator(human) not the tool.

Re: AI can't be listed as inventor on patent applications, Japan's top court rules

#19
post #2

I really can't understand the moral compass of people who would pirate other peoples' works under "fair use" to train AI, only to turn around and try to claim ownership of them when AI regurgitates it.

The truth is as long as there is competition, having morals does not exist in the tech/crypto/ai industries given the goal is to make money. That’s it.

Only after the participant has completed their grift or extraction operation then they begin virtue signalling their ‘morals’. It is fake.

If you are here for asserting morals, this is the wrong industry.

Re: AI can't be listed as inventor on patent applications, Japan's top court rules

#20
post #15

Earlier quoted context omitted.

That isn’t what the courts have decided. They just decided it has to be a human on the patent application name. You can use whatever tool you want to get there, but if you patent a thing, it has to be a human in the name.

I think we’re saying the same thing. If you’re using AI as a tool to support human creative content that’s one thing. But what courts are pushing back on is trying to patent/protect content where the core creator was AI. That’s what most people mean when they say “AI slop.” There courts are consistently saying you can’t protect this.

No. The court is saying you cannot assign IP rights to an AI, as this guy was trying to do. They are not saying it cannot be protected (as /r/antiai folk are always claiming). That’s another thing.
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