Robot inventors are on the rise. But are they welcomed by the patent system?
Tracing the origins of US patent law, Thomas Jefferson stated that an "inventor ought to be allowed a right to the benefit of his invention for some certain time" to encourage "men to pursue ideas which may produce utility." Consistently, under US patent law, an invention requires conception, which is "the formation in the mind of the inventor, of a definite and permanent idea of the complete and operative invention," where the "inventor" refers to an "individual." The Federal Circuit explained that to "perform this mental act, inventors must be natural persons and cannot be corporations or sovereigns." The remainder of the Patent Act is also replete with references to human actions. When the Patent Act was put in place, there was likely no need to characterize the inventive process as being performed by anything other than people, because there were no such other "beings".
May-8-2018, 09:26:00 GMT