Download This PaperArtificial Inventors
Intellectual Property - A Global Project (S Frankel, M Chon, G B Dinwoodie, B Lauriat and J Schovsbo, eds) Edward Elgar 2023
9 Pages Posted: 2 May 2023 Last revised: 26 Jun 2023
Date Written: April 5, 2023
Abstract
This short chapter reviews the application of patent incentives to inventions made by AI machines. It discusses two policy goals of patents in this space, namely acceleration of innovation with the help of AI but also the need to continue human progress. It reviews decisions by several courts, most of which have (correctly) decided that, as the law now stands, machines cannot be "inventors". Moreover, financial incentives apply to humans and legal persons (managed by humans), not machines. Patent law should continue to promote human ingenuity.
Keywords: patent, patents, incentive, artificial intelligence
JEL Classification: K11, L12, L26, L49, Z18
Suggested Citation: Suggested Citation
Daniel J. Gervais (Contact Author)
Vanderbilt University - Law School ( email )
131 21st Avenue South
Nashville, TN 37203-1181
United States
615 322 2615 (Phone)