US Supreme Court Declines to Take Up Lawsuit Over Patents for AI-Generated Inventions

SCOTUS Supreme Court

by Leslie Eastman at legalinsurrection.com

Last month, a computer scientist seeking or patent coverage for inventions conceived by his artificial intelligence system asked the U.S. Supreme Court hear his case.

Stephen Thaler petitioned the high court to review an appeals court’s decision that patents can only be issued to human inventors and that his AI system cannot be the legal creator of inventions it generated.

Thaler said in his brief that AI is being used to innovate in fields ranging from medicine to energy, and that rejecting AI-generated patents “curtails our patent system’s ability — and thwarts Congress’s intent — to optimally stimulate innovation and technological progress.”

Thaler has said that his DABUS system, short for Device for the Autonomous Bootstrapping of Unified Sentience, generated unique prototypes for a beverage holder and light beacon on its own.

The U.S. Patent and Trademark Office and a Virginia federal court rejected patent applications for the inventions on the grounds that DABUS is not a person. The U.S. Court of Appeals for the Federal Circuit upheld those decisions last year and said U.S. patent law unambiguously requires inventors to be human beings.

SCOTUS declined to take up his case.

The justices turned away Thaler’s appeal of a lower court’s ruling that patents can be issued only to human inventors and that his AI system could not be considered the legal creator of two inventions that he has said it generated.

…Thaler told the Supreme Court that AI is being used to innovate in fields ranging from medicine to energy, and that rejecting AI-generated patents “curtails our patent system’s ability – and thwarts Congress’s intent – to optimally stimulate innovation and technological progress.”

Thaler’s supporters in his case at the Supreme Court include Harvard Law professor Lawrence Lessig and other academics who said in a brief that the Federal Circuit’s decision “jeopardizes billions (of dollars) in current and future investments, threatens U.S. competitiveness and reaches a result at odds with the plain language of the Patent Act.”

Perhaps Thaler should claim his AI identifies as a human being?

While that may be sad news for invention-oriented AI-users, there might be a little good news for those of us who want some real entertainment that doesn’t insult the intelligence.

We may be seeing AI-generated movies coming out in 2 years!

As artificial intelligence continues to disrupt the entertainment industry, many moviegoers have been left wondering at what point AI will be creating full feature films. According to Joe Russo, co-director of Marvel movies such as “Avengers: Endgame” and “Avengers: Infinity War,” that time could be coming in two years.

“I’m on the board of a few AI companies,” Russo told Collider. “I’m gonna speak from my experience of being on the board of those companies, [so] there are AI companies that are developing AI to protect you from AI. And unfortunately, we’re in that world, and you will need an AI in your life because whether we want to see it developed or not, people who are not friendly to us may develop it anyways. So, we’re going to be in that future. The question is, then, how we protect ourselves in that future?”

When asked in “how many years” AI will be able to “actually create” a movie, Russo predicted: “Two years.”

Here’s hoping that the AI-created films don’t go all in on woke content! And while woke inputs will create woke output, AI can be edited to produce alternative fare that would be impossible to produce in today’s Hollywood.

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