Only human beings have been recognized as inventors under the Patent Act. This is largely because patents are only granted to inventors capable of “conception.” Until recently, it was an agreed upon fact that no non-human entities are been capable of performing the mental acts required of conception. However, advancements in artificial intelligence (“AI”) technology have cast serious doubt on this position. Thus, the question has arisen; can an artificial intelligence be recognized as the inventor of a patent? In this contribution, Delon Lier (‘21) considers whether the USPTO was correct in determining that the Patent Act and Federal Circuit precedent forecloses the possibility of AI entities being recognized as inventors. Ultimately, this contribution argues that while the USPTO was correct to reject inventorship under the text of the Patent Act, it was incorrect in determining that any future AI would fail the Federal Circuit’s legal standard of “conception.”
The Proceedings of the NYU Moot Court Board, or just “Proceedings,” is the online journal of the NYU Moot Court Board, documenting new approaches to unsettled legal questions proceeding from moot court activities, particularly law student competitions.
Proceedings aims to realize for the wider legal community a benefit of mooting that has hitherto accrued only to participants. As most appellate lawyers know, one of the best ways to refine a theory of a case or an area of law is to argue about it, either with colleagues or before law school professors. But student Moot Court competitions, which consider some of the most interesting and intractable problems in law, generate hundreds of hours of formal, inquisitorial analysis of those problems by professors, practitioners, and judges (not to mention reams of legal writing)–and then, too often, the results are thrown away when the competition is over.
No longer. Proceedings is the journal where lawyers and law students can publish their “test results” from the legal laboratory of mooting that tests both old and new approaches to unsettled areas of law. It aims to realize mooting’s potential not only as a valuable educational exercise, but as a productive forum for legal research.