An AI Can File A Patent Application

Uploaded on 2021-09-06 in TECHNOLOGY-Key Areas-Artificial Intelligence, FREE TO VIEW

The emergence of artificial intelligence-related technology as a means of innovation has led to uncertainties for companies across industries, primarily because patent law has historically held that intellectual property rights be assigned only to humans. 

Now, in a landmark decision, an Australian court has set a groundbreaking precedent, deciding AI systems can be legally recognised as an inventor in patent applications, challenging a fundamental assumption in the law: that only human beings can be inventors. 

The AI machine called DABUS is an "artificial neural system" and its designs have set off a string of debates and court battles across the globe.

Australia's Federal Court has now made the new law that "the inventor can be non-human" in the same month that South Africa became the first country to defy the status quo and award a patent recognising DABUS as an inventor.

AI inventor and creator of DABUS, Stephen Thaler has been running a sustained global campaign to have DABUS recognised as an inventor for more than two years. He argues that DABUS can autonomously perform the "inventive step" required to be eligible for a patent. Thaler says he is elated by the South African and Australian decisions, but for him it’s never been a legal battle. "The recently established fact that DABUS has created patent-worthy inventions is further evidence that the system 'walks and talks' just like a conscious human brain." Thaler said.

Ryan Abbott, a British attorney leading the DABUS matter and the author of The Reasonable Robot: Artificial Intelligence and the Law, says he supports AI inventorship after realising the law's "double standards" in assessing behaviour by an AI compared to behaviour by a human being. "For example, if a pharmaceutical company uses an AI system to come up with a new drug … they can't get a patent, but if a person does exactly the same thing they can," Dr Abbott says.

Short for "device for the autonomous bootstrapping of unified sentience", DABUS is essentially a computer system that's been programmed to invent on its own. DABUS operates as a "swarm" of disconnected neutral nets that continuously generate "thought processes" and "memories" which over time independently generate new and inventive outputs.

In 2019, two patent applications naming DABUS as the inventor were filed in more than a dozen countries and the European Union. The applications list DABUS as the inventor, but Dr Thaler is still the owner of the patent, meaning they're not trying to advocate for property rights for AI. The DABUS applications caused months of deliberation in intellectual property offices and courtrooms around the world.

The case went to the highest court in the UK, where the appeal was dismissed, with the same result in US and EU courts.

Justice Jonathan Beach of the Australian Federal Court has become the first to hand down a judgement in favour of Dr Thaler, ruling "an inventor … can be an artificial intelligence system or device... This is a landmark decision and an important development for making sure Australia maximises the social benefits of AI and promotes innovation."

Federal Court.Au:      ABC:       JonesDay:       DWT:       Chemistry World:   American Bar Assoc:     Engadget: 

You Might Also Read:

Artificial Intelligence – A Brief History:

 

« Cyber Liabilities Advisory Advocates Resilience
NSA Warning - Avoid Public Wi-Fi »

CyberSecurity Jobsite
Perimeter 81
Cyrin

Real Attacks. Real Tools. Real Scenarios.
Schedule a demo

Go Cyber

Training that transforms behaviours

Sign Up: Cyber Security Intelligence Newsletter

Directory of Suppliers

ManageEngine

ManageEngine

As the IT management division of Zoho Corporation, ManageEngine prioritizes flexible solutions that work for all businesses, regardless of size or budget.

Authentic8

Authentic8

Authentic8 transforms how organizations secure and control the use of the web with Silo, its patented cloud browser.

CSI Consulting Services

CSI Consulting Services

Get Advice From The Experts: * Training * Penetration Testing * Data Governance * GDPR Compliance. Connecting you to the best in the business.

North Infosec Testing (North IT)

North Infosec Testing (North IT)

North IT (North Infosec Testing) are an award-winning provider of web, software, and application penetration testing.

Jooble

Jooble

Jooble is a job search aggregator operating in 71 countries worldwide. We simplify the job search process by displaying active job ads from major job boards and career sites across the internet.

SANS Institute

SANS Institute

SANS is the most trusted and by far the largest source for information security training and security certification in the world.

Nuix

Nuix

Nuix specialise in extracting knowledge from unstructured data. Applications include Digital Forensics, Cybersecurity Intelligence, Information Governance, eDiscovery.

Payload Security

Payload Security

Payload Security's VxStream Sandbox is a fully automated malware analysis system.

EIT Digital

EIT Digital

EIT Digital is a leading digital innovation and entrepreneurial education organisation driving Europe’s digital transformation. Areas of focus include digital infrastructure and cyber security.

First National Technology Solutions (FNTS)

First National Technology Solutions (FNTS)

First National Technology Solutions is a leading provider of flexible, customized hosted and remote managed services including IT security and compliance.

Combis

Combis

COMBIS is a regional high-tech ICT company focused on the development of application, communication, security and system solutions and the provision of services.

Barbara IoT

Barbara IoT

Barbara is an industrial device platform specifically designed for IoT deployments.

ECOLUX

ECOLUX

ECOLUX is a professional IoT security service company committed to developing world-leading “IoT Lifecycle Security” technologies and products.

BwCIRT

BwCIRT

BwCIRT is the Computer Incident Response Team (CIRT) for Botswana and provides an official point of contact for dealing with computer security incidents.

Jamf

Jamf

Jamf is the only Apple Enterprise Management solution of scale that remotely connects, manages and protects Apple users, devices and services.

Cranium

Cranium

Cranium are an international consultancy organisation specialised in privacy, security and data management.

Hexiosec

Hexiosec

Hexiosec (formerly Red Maple Technologies) is a technical consultancy and product company founded and run by engineers from the UK Intelligence and Defence communities.

eGyanamTech (EGT)

eGyanamTech (EGT)

eGyanamTech provides robust security solutions tailored for Operational Technology (OT) and Supervisory Control and Data Acquisition (SCADA) systems used in critical infrastructure systems.

Ipseity Security

Ipseity Security

Ipseity Security provide security-centric advisory and consulting services for organizations to secure their perimeter-less digital transformation to meet business and security requirements.

RELIANOID

RELIANOID

RELIANOID is an application delivery controller and load balancing system that ensures high performance and security of IT services on a massive scale.

Start-Up Chile (SUP)

Start-Up Chile (SUP)

Start-Up Chile is a business accelerator program created by the Chilean Government for high-potential tech entrepreneurs.