Only Humans, Not AI, Can Be An Inventor, Va. Judge Rules

By Ryan Davis (September 2, 2021, 10:19 PM EDT) -- A Virginia federal judge ruled Thursday that artificial intelligence cannot be listed as an inventor on a patent application, holding that the Patent Act makes clear that inventing is the exclusive legal province of human beings.

Judge Leonie Brinkema of the Eastern District of Virginia shut down a suit against the U.S. Patent and Trademark Office by AI researcher Stephen Thaler, who sued after the office rejected applications he filed seeking patents on inventions he claims were developed by an AI machine he created.

"Can an artificial intelligence machine be an 'inventor' under the Patent Act? Based on the plain statutory language...

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