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US Patent Office: AI is all well and good, but only humans can patent things
The question of where AI sits in the legal personhood stack isn't as simple as it may seem (i.e. "nowhere") — but the U.S. Patent and Trademark Office
The question of where AI sits in the legal personhood stack isn’t as simple as it may seem (i.e. “nowhere”) — but the U.S. Patent and Trademark Office today declared that, as with other intellectual property, only a person can receive its official protections. The USPTO guidance makes it clear that while AI-assisted inventions are not “categorically unpatentable,” AI systems themselves are not individuals and therefore cannot be inventors, legally speaking. In other words, there’s a sort of reasonability standard at play here that anyone applying for a patent would already be aware of, but which in the context of AI doesn’t have a lot of precedent to refer to.
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