Perkins Coie：人工智能系统可以做出专利发明吗？（2022）（中译版）（6页）.pdf

1、 z Can Artificial Intelligence Systems Make Patented Inventions?BABAK TEHRANCHI|PARTNER PERKINS COIE LLP Patent Proscecution JINGYUAN HUANG|ASSOCIATE PERKINS COIE LLP Patent Proscecution 2 Can Artificial Intelligence Systems Make Patented Inventions?INTRODUCTION In 2018,a team led by Ryan Abbott,a U

2、niversity of Surrey law professor,and Stephen Thaler,a computer scientist from Missouri,started the Artificial Inventor Projecta project seeking intellectual property rights for inventions generated by an artificial intelligence(AI)device without a traditional human inventor.1 In challenging the sta

3、tus quo,which requires listing a person as the inventor,Abbott and Thaler filed two patent applications related to a food container and a neural flame internationally,both listing an AI machine as the inventor.2 In doing so,they brought an interesting question to the forefront:Can a patent be issued

4、 with an AI machine as the inventor?The answer has been an almost unanimous no,with rare exceptions in some countries.For example,the worlds first patent with an AI machine as the inventor was issued in South Africa in 2021.Other countries,however,have adopted different stances in considering AI inv

5、entorship.This paper reviews the status of these applications in several major jurisdictions and discusses additional issues in AI technology that may not be sufficiently addressed by the existing patent laws.CONVENTIONAL INVENTORSHIP OF PATENTS The United States Patent and Trademark Office(USPTO)In

6、 the United States,the exclusive right to new discoveries for limited times is granted by the Congress in the form of patent rights.3 The inventors“whoever invents or discovers any new and useful process,machine,manufacture,or composition of matter,or any new and useful improvement thereof”“may obta