Posted by mushstory 6 hours ago
And for a very simple reason: you could easily overwhelm any intellectual property bureau just by having your AI drown them in AI slop. Even if most of these patents get refused, just refusing a patent is a lot of work, I imagine.
And even if you did, it's entirely inanimate, how would it even exercise them?
To my knowledge, he has notched only one win (i.e., granted patent) in South Africa, where patents are only cursorily examined [1].
The last word in the US is from the Federal Circuit a couple of years ago [2]. Same basic outcome: only a human being can be an inventor.
That said, the new Director of the USPTO has indicated that inventors should feel free to use AI however much they want as long as a human name is on the patent. However, it should be stressed that the Director's guidelines have not been litigated yet.
[1] https://artificialinventor.com/patent/
[2] https://www.cafc.uscourts.gov/opinions-orders/21-2347.OPINIO...
document.getElementById("consentModal").remove()
document.getElementById("tpModal").remove()This ruling, like most in other countries, seems to support the position that a human can patent of copyright work done with AI assistance:
"The Patent Office ordered the plaintiff to provide the name of a person as the inventor. The plaintiff refused to do so, and the application was rejected."
Not sure about patents in the US but irt copyright, only the parts that are not LLM output are copyrightable. All LLM output is automatically public domain.
So if you have a work that was done with AI assistance, only the pieces of that work that are human authored can be subject to copyright. The AI parts cannot, if there are any.
I think it's long past time we get rid of the silly idea of intellectual property all together. If AI has the potential to do any good in the world in its current form, its that.
That is not exactly true under US law. You're simplifying what the copyright office has said to the point where you're missing the key points of what they were trying to convey.
The copyright office has affirmed multiple times that whether or not you use an LLM is irrelevant. Copyright eligibility requires "sufficient human-authored expressive elements". It doesn't matter what tools you use -- an LLM, a troop of trained monkeys, etc.
Ultimately all that matters is whether or not the human creativity involved qualifies. Because copyright is ultimately a right that protects human creativity.
So yes, if you put "write me a book" into ChatGPT -- that clearly does not quality for copyright. "Write me a book" itself is not creative enough for copyright.
Now on the other hand, if you spend 1000 hours writing a book, and you run it through ChatGPT for suggestions and/or edits -- there is no reason why that LLM output would not qualify.
https://www.copyright.gov/ai/Copyright-and-Artificial-Intell...
It varies a lot in other countries, but in most (if not all) an AI cannot hold a copyright.
The only two things that can transact with any legal system in any way are humans and groups of humans.
This is how the reverse centaur operation works. LLMs suck and not work in increasingly bad ways, and the companies who sell them treat them as one would buy psychic services (read: entertainment). So they need a token human to person-wash this slop.
the likelihood of one single guy having the same data scraping & storage capabilities as the big players, years before them (i see info about DABUS back to 2018), is slim.
The same applies to image generation - they can generate images that almost certainly were not in the training data.
Only after the participant has completed their grift or extraction operation then they begin virtue signalling their ‘morals’. It is fake.
If you are here for asserting morals, this is the wrong industry.