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No, an artificial intelligence can't legally invent something — only 'natural persons' can, says US patent office

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Dabus AI patent filing

Artificial intelligence systems cannot legally be credited as inventors on patent applications, the US Trademark and Patent Office (USTPO) said in a ruling Monday that was first reported by The Verge.

"USPTO regulations and rules limit inventorship to natural persons," the agency wrote in its decision to reject a petition arguing that two patents should list an AI system called DABUS as an inventor.

DABUS, a creation of Missouri-based AI expert Dr. Stephen Thaler, was fed a wealth of information including abstract concepts related to design, practicality, color, and emotion. Afterward, the AI program designed two original inventions.

The first is a fractal drink container that can change shapes, making it easier for prosthetic or robotic hands to grip. The second is a flickering light that mimics brain activity — or "neural flame," as Thaler dubbed it — that could potentially be more effective at catching a person's attention in an emergency situation.

The Artificial Inventor Project, an international group of legal experts that filed the patents, has previously filed similar applications across the world in an attempt to convince patent authorities to recognize AI systems as inventors, arguing that current laws are outdated and fail to account for machines' creative output.

So far, the group has been unsuccessful. Earlier this year, the UK's Intellectual Property Office and the European Patent Office both rejected patent applications submitted by Artificial Inventor Project for the drink container and flickering light designed by DABUS. The group has also filed applications in Israel, Taiwan, and Germany, and is recruiting patent lawyers around the world to join its efforts.

Martin Coulter contributed reporting to this story.

SEE ALSO: Airbnb has postponed new grad hires until August 2021 but is giving them 10% of their offered salary right now — even if they turn down the job

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