The US Federal court for the Eastern District of Virginia passed a judgment that artificial intelligence cannot get a patent even if it has invented some new things under the US Patent Law. The ruling of the US district court was passed in the context of two patent applications filed for DABUS. The DABUS is the AI machine that has brought new inventions in the field of technology.
DABUS is called an inventor of Neural Flame and Fractal Container. The neural flame is a light beacon that flashes in a manner that is hard to miss by the human brain. The fractal container is used to store beverages. The container is designed by using fractal geometry. The US Patent and Trademarks Office (USPTO) dismissed the applications filed by Stephen Thaler for the AI machine. However, Thaler has challenged the rejection criticizing the USPTO’s decision as arbitrary and not in accordance with the law.
He challenged USPTO’s decision saying that the patent applications should not be rejected just because there is no human person responsible for the invention. But the federal court rejected his contentions, holding its decision and stating that it does not come under the patent act law. Despite various policy considerations provided by Thaler, the court rejected his applications and announced that Congress would take the final decision.
Recently, South Africa and Australian patent offices have listed DABUS as the inventor, but the US federal courts have rejected the application for DABUS made by Thaler. However, it is quite clear that as AI field expands, the US will be grappled with such questions relating to Patent Law.
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