In this episode, we talk about artificial intelligence in the world of invention. My guest recently co-wrote an article for the Journal of Robotics, Artificial Intelligence & Law about a recent decision from the U.S. Court of Appeals for the Federal Circuit that expounded on the principle that only human beings — not machines — can be named as inventors under U.S. patent law. The decision applies a straightforward interpretation of patent statutes, our guest says.

Beyond invention, what about that initial spark of innovation? What about the decision might make it difficult to obtain intellectual property protection for inventions generated by advanced AI systems? Isn’t AI kind of like using computer modeling? Don’t inventors already get considerable assistance from technology? What did the court say about all that?

Joining me to answer these questions is Robert A. McFarlane, an intellectual property litigator and registered patent attorney, and a partner with Hanson Bridgett LLP in San Francisco. Rob chairs the firm’s technology practice, co-chairs its IP practice, litigates and advises on a variety of IP matters in the U.S. and abroad, and teaches patent law at the University of California College of the Law San Francisco (formerly Hastings College of the Law). Rob earned his J.D. from the University of California College of Law, San Francisco, and his B.A.S. with departmental honors in Industrial Engineering & Political Science from Stanford University.

FILED UNDER: Intellectual Property | Technology + AI​​
TAGS: Artificial Intelligence (AI) | Corporate & Securities | Emerging Litigation & Risk | Litigation & appeals | Patent