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Fersk dom i USA: AI kan ikke være oppfinneren av et patent

Tapte søksmål mot Patent Office i USA.
Øyvind Skogmo HansenBy Updated:2 Mins Read
AI

Roboter og kunstig intelligens vil spille en stadig større rolle i livene våre i fremtiden, akkurat det hersker det liten tvil om. Som en konsekvens av denne utviklingen vil det også reises mange nye og viktige spørsmål.

Saksøkte Patent Office etter AI-avslag

Et slikt spørsmål ble nylig reist i USA. Stephen Thaler, som er en del av Artificial Inventor Project, hadde nemlig oppført AI-en DABUS som oppfinneren av en ny type blinklys og en drikkebeholder.

Oppføringen ble imidlertid avslått av amerikanske Patent Office, fordi de mener at en maskin ikke kan kvalifiseres som en oppfinner siden en maskin ikke er en person. Maskiner er verktøy som brukes av mennesker for å skape oppfinnelser, argumenterte Patent Office. Stephen Taler svarte med å saksøke Patent Office etter avgjørelsen.

Dommer Leonie Brikema har nå i en endelig avgjørelse slått fast at AI ikke kan oppføres som en oppfinner av patenter.

En oppfinner må være en person

Brikema konkluderte med at Patent Office brukte korrekt håndheving av lovverket da de avslo Stephen Talers søknad. I dagens patentlover, som kan dateres tilbake til 2011, står det eksplisitt at en oppfinner må være et «individ».

Loven, som heter Patent Act, referer også til oppfinnere som «han» og «hun».

«Ved å bruke personlige pronomen som «han» og «hun», er det tydelig at Kongressen referer til en naturlig person», heter det videre i avgjørelsen.

Lukker ikke døren for alltid

Dommeren vil imidlertid ikke avfeie at kunstig intelligens kan føres opp som oppfinnere av patenter i fremtiden.

«Når teknologien utvikler seg, kan det kanskje komme en tid der kunstig intelligens når et nivå av sofistikasjon som kanskje tilfredsstiller de aksepterte kravene til oppfinnelser. Men den tiden har enda ikke kommet, og hvis den gjør det, er det opp til Kongressen å avgjøre om de ønsker å utvide patentslovens virkeområde», sier Brikema.

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