If artificial intelligence system creates an invention, can it be patented by the AI system?

The Federal Circuit Court holds that AI systems cannot patent inventions. This ruling is:

  • Based on holdings that the Patent Act restricts inventors to human beings;

  • Is in line with a similar EU holding; and

  • Confirms previous similar AI-related holdings by the U.S. Copyright Office as well as the U.S. Patent Office.

Read about how artificial intelligence can’t be named an inventor of a patent, even if the system created the invention.

Klemchuk LLP

This blog is published by Klemchuk LLP, a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services.

The firm publishes Ideate, a blog discussing the latest news and insights into intellectual property law, business, and culture.

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