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AI Machines Can't Invent, USPTO Tells Judge

Law360 (February 24, 2021, 8:49 PM EST) -- The U.S. Patent and Trademark Office asked a Virginia federal judge Wednesday to hand it an early win in a man's lawsuit challenging its finding that patents cannot cover inventions by artificial intelligence machines, arguing the Patent Act defines an inventor as an "individual" who must be human.

In a 24-page motion for summary judgment, the USPTO argued that plaintiff Stephen Thaler wants the office to ignore the plain language of the Patent Act and Federal Circuit precedent, which has held an inventor must be a "natural person" or "human being."

"In short, plaintiff seeks to rewrite the Patent Act, something that...

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