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

japannews.yomiuri.co.jp

1–10 of 219 posts

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

#3
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.

You cant make a man understand the moral compass when his salary bla bla bla...

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

#4
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.

note that this was in 2020 (pre-chatgpt), with the author's own "ai", "DABUS", and it appears that the author wanted solely DABUS to be listed as the patent holder, which does not seem to indicate any insane greed or whatever.

the likelihood of one single guy having the same data scraping & storage capabilities as the big players, years before them (i see info about DABUS back to 2018), is slim.

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

#6
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.

You cant make a man understand the moral compass when his salary bla bla bla...

Don't forget exceptionalism: this is so disgustingly wrong... except when I do it. In my case it is moral and perfectly justified.

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

#7
> Your AI slop is effectively public domain.

This ruling, like most in other countries, seems to support the position that a human can patent of copyright work done with AI assistance:

"The Patent Office ordered the plaintiff to provide the name of a person as the inventor. The plaintiff refused to do so, and the application was rejected."

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

#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.

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

#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 thinking their multiple prompting amounted to human creative process and therefore it was covered but ... how? Any lawyers around that can ELI5 it for us? Maybe links to a lawyer somewhere who did?

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

#10
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 Picasso's great artists steal! mantra. The US has already ruled this is legal (e.g. newspaper content isn't "stolen" when a genAI summarizes it for a 3rd-party user).

Having sat with published authors, discussing their work/book with LLMs... it is really an interesting perspective on "readers' perspective(s)" [human &not].

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