Why should patent inventors be limited to only natural persons under the current United States patent law? In fact, the present US patent law should be expanded to allow an Artificial Intelligence (“AI”) to be a named inventor of a patent. This would incentivize patent owners to use AI to produce more inventions that would benefit the public. There is no negative impact to expand the current US patent law. Many scholars, law professors, and practitioners believe that the patent law (or intellectual property law in general) is outdated due to the massive growth of modern technology. This Note argues that Congress should amend the patent law to permit an AI to be a named inventor or alternatively the Supreme Court should expand the interpretation of the patent law to encompass AI within the meaning of an inventor. Accordingly, such an expansion will promote the intent of article I, section 8, clause 8 of the United States Constitution.
"A Named Inventor of a Patent Should Be Expanded to Include Artificial Intelligence,"
Touro Law Review: Vol. 38:
4, Article 17.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol38/iss4/17