While AI is developing, AI products are not protected by law.
Who owns the copyright of AI robot creation?
Who owns the inventions produced by AI robots?
These intellectual property issues formed around artificial intelligence have attracted much attention in various countries.
DABUS is an artificial intelligence system developed by Stephen Taylor, the founder of American enterprise Imagination Engines. A * * * invented two new technologies, namely fractal food containers and warning lights that can attract more attention.
Stephen Taylor
Because both inventions were "his own ideas", Stephen Taylor thought that Dabbous should be recognized as the inventor, and he himself obtained the patents for two technologies.
However, when Stephen Taylor proposed to the courts of the European Union and more than a dozen countries last year to list Dabbous as a patent inventor, it was rejected, which set off a huge debate and court battle around the world.
Finally, South Africa took the lead in becoming the first country to grant patents on artificial intelligence, and recognized the artificial intelligence robot DABUS as the "inventor". Subsequently, on August 6, the Australian federal court also ruled that the inventor could be non-human.
It is clearly written in the judgment that the inventor is only the name of an agent, and maybe only one person can be the owner of the patent, but it is a fallacy to say that the inventor can only be one person. Moreover, there is no relevant law that no human inventor can apply for a patent.
This is the first time that an artificial intelligence system has been legally recognized and can become the inventor of a patent application.
Stephen Taylor's legal team said that their aim was to test the boundaries of the patent system and promote the reform of the patent system.
Objectively speaking, the current patent system is mainly aimed at human inventors, which hinders the patent registration of many artificial intelligence inventions and increases the uncertainty of investment in AI.
Take Siemens as an example.
In 20 19, Siemens developed a new automobile suspension system with artificial intelligence, but it was rejected when applying for a patent on the grounds that the system was invented by AI. Human engineers can't list themselves as inventors because they can't prove that there is investment in the invention process.
In the United States, inventors will be punished if they fill in the wrong information when applying for a patent. Therefore, they hope that this case can promote the reform of the patent system and fully encourage people to develop artificial intelligence that can promote social innovation.
Can artificial intelligence be an inventor in the legal sense?
If you were in China, would you agree to the authorization?
Just last year, in the first domestic AI writing authorization case, the court held that the manuscript created by Tencent AI writing robot belongs to the protection scope of copyright protection law.
However, according to China's current patent law, the inventor of a patent can only be a natural person in the legal sense. Regardless of whether artificial intelligence is not a natural person in law, there is a high probability that artificial intelligence will not be recognized as a patent inventor in terms of the current efforts to crack down on abnormal patent applications in China.