Imagine That IP Law Blog

In part one of this article, I discussed Dr. Stephen Thaler and his system DABUS, short for “Device for the Autonomous Bootstrapping of Unified Sentience,” and distinctions between this and other artificial intelligence systems. Thaler believes the system is sentient and has the ability to dream and invent.

So what if he is right? The inventorship issue may be moot in a practical sense, as an applicant could simply use their own name on a declaration of inventorship, though Dr. Thaler contends this would be fraud. “I think the way that our lawmakers and courts are steering things ... Read More ›

Just as the U.S. Patent Office has declined to consider patent applications naming an artificial intelligence as an inventor, the U.S. Copyright Office has declared that works authored by artificial intelligent artists or authors are ineligible for copyright protection. In a new notice published in the Federal Register, “Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence,” 88 FR 16190 (March 16, 2023), the Copyright Office reiterated that “copyright can protect only material that is the product of human creativity.” ... Read More ›

Part 1 in a 2 Part Series

In the age of creative machines and artificial intelligence, intellectual property law is facing new challenges and questions. As we continue to push the boundaries of what machines can create, the questions of ownership and authorship become more and more complex. An AI that can produce patentable inventions could also be used to pre-empt competitors’ use of the patent system by flooding the space with artificially generated prior art. Courts have yet to address this possibility. Judging by Dr. Stephen Thaler’s description of his DABUS system, the time ... Read More ›