Patent laws also face a challenge from AI. Groundbreaking new technologies have challenged the system before, testing whether genetic sequences, living organisms made by humans, and computer programs for financial-trading systems, were inventions at all.
However, AI-generated inventions challenge patent law in new ways because the issue shifts from recent Supreme Court cases that addressed “what the invention is” to now be “who did the inventing.” AI is not considered human and therefore that has been the primary hurdle at present to obtaining a patent, based on an interesting invention seeking patent protection that was solely “invented” by AI.
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