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Modernising pharma patents: can AI be an inventor?

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Patents are used to grant exclusive property rights to an inventor and prevent their discovery from being copied by others. The main requirements for a patent are that the invention must be novel, non-obvious and be useful or have an industrial application. Patents are a central part of how pharma does business. Pharma products require longer and more complex research and development (R&D) cycles than products in other industries. Consequently, companies invest significant amounts of money into their new products early on in their development.


Update on Federal Register Notice on Artificial Intelligence (AI) Patent Issues JD Supra

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In the decision, the UKIPO Hearing Officer, Huw Jones, citing sections 7 and 13 of the Act (The Patents Act 1977) and Rule 10 of the Rules (The Patents Rules 2007), Officer Jones said "the Office accepts that DABUS created the inventions" in the patent applications but that as it was a machine and not a natural person, it could not be regarded as an inventor. Moreover, as DABUS has no rights to the inventions, the Officer stated it is unclear how the applicant derived the rights to the inventions from DABUS: "There appears to be no law that allows for the transfer of ownership of the invention from the inventor to the owner in this case, as the inventor itself cannot hold property." Id. at p. 6. Officer Jones further noted that while he agreed inventors other than natural persons were not contemplated when the EPC was drafted, "it is settled law that an inventor cannot be a corporate body." Accordingly, since the "applicant acknowledges DABUS is an AI machine and not a human, so cannot be taken to be a'person' as required by the Act." However, the Hearing Officer also added that the case raised an important question: given that an AI machine cannot hold property rights, in what way can it be encouraged to disseminate information about an invention?


Does An Invention Discovered With Artificial Intelligence Obtain Patent Protection? Lexology

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Section 101 states "[w]hoever invents or discovers…may obtain a patent therefore…" According to 35 U.S.C. § 100, an inventor is defined as an individual or individuals. As technology has advanced and the possibility that AI would invent something became a probability, the question has arisen whether AI can be an inventor under United States law.


Artificial Intelligence can't technically invent things, says patent office

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Artificial intelligence is the future. If "Westworld" or "Black Mirror" are to be believed, there will soon come a day when the computers rule us all. But for now, an AI's power ends at the US Patent Office. The USPTO has denied a pair of patents filed on behalf of DABUS, an artificial intelligence system, and published a ruling that says US patents can only be granted to "natural persons." The two patents were for a food container and a flashlight, and were filed by Stephen Thaler, an AI researcher and DABUS' creator.


Global Big Data Conference

#artificialintelligence

Artificial intelligence is the future. If "Westworld" or "Black Mirror" are to be believed, there will soon come a day when the computers rule us all. But for now, an AI's power ends at the US Patent Office. The USPTO has denied a pair of patents filed on behalf of DABUS, an artificial intelligence system, and published a ruling that says US patents can only be granted to "natural persons." The two patents were for a food container and a flashlight, and were filed by Stephen Thaler, an AI researcher and DABUS' creator.