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Shelly Palmer - UK Supreme Court rules against AI as patent inventor

Legal systems will need to evolve to fully accommodate the intellectual contributions of AI technologies… or will they?
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Greetings from Milwaukee. The UK Supreme Court has ruled that AI cannot be named as an inventor on patent applications. This decision emerged from a case involving Stephen Thaler and his AI system, DABUS, challenging the traditional boundaries of patent law.

Thaler attempted to list DABUS as the inventor for two patents, but the UK Intellectual Property Office rejected this, citing the legal requirement for an inventor to be a human. The Supreme Court upheld this stance, reinforcing the notion that current patent laws recognize only "natural persons" as inventors. Thaler's lawyers have criticized UK patent law for СÀ¶ÊÓƵ inadequate in protecting AI-generated inventions.

The decision does not explore the broader implications of AI in patentability or suggest any expansion of the term "inventor" to include AI. Clearly, legal systems will need to evolve to fully accommodate the intellectual contributions of AI technologies… or will they?

There is a difference between using a patent to protect your intellectual property and keeping your invention a trade secret. When you file a patent, you have to show your idea to everyone. A trade secret is just that: secret. For example, the formula for Coca-Cola is not patented; it's a trade secret.

If AI is truly valuable in assisting with the creation of better mouse traps… why the need to share? Just reduce your invention to practice and, as the saying goes, "The world will beat a path to your door."

Whenever a startup pitches us a new idea, I ask: "If you built the Death Star, would you A) Rent it out?, or B) Use it to rule the galaxy?" AI may give every human co-inventor that choice.

As always your thoughts and comments are both welcome and encouraged. Just reply to this email. -s

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ABOUT SHELLY PALMER

Shelly Palmer is the Professor of Advanced Media in Residence at Syracuse University’s S.I. Newhouse School of Public Communications and CEO of The Palmer Group, a consulting practice that helps Fortune 500 companies with technology, media and marketing. Named  he covers tech and business for , is a regular commentator on CNN and writes a popular . He's a , and the creator of the popular, free online course, . Follow  or visit . 

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