Milbank Partner Chris Gaspar recently commented in an article, “When AI Invents, Thorny Questions Follow For Patent Law,” published by Law360. Mr. Gaspar is a member of the firm’s Litigation & Arbitration Group, with a focus on intellectual property. His IP litigation and counseling practice includes a wide range of technologies and products in the electrical, semiconductor, computer, financial-services, and medical-device fields.
Discussing the prospect of patent applications for inventions said to be created entirely by artificial intelligence, Mr. Gaspar said: “My sense is the applications will be rejected rather than accepted by the patent offices." Addressing the legal question presented by US patent law, which refers to an inventor as an “individual,” Mr. Gaspar said of AI applications: "Perhaps they will be used as test cases to see if there's an appetite for the legislatures to change the laws. I doubt the patent offices on their own will just interpret rules in a way that would allow a machine to be an inventor."
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