It may seem logical, but an Artificial Intelligence cannot, at the moment, appear as responsible for a patent. This is just the case for US Federal Judge Leonie Brikema, who came across a case that intended it.
It all started when Stephen Thaler, from the Artificial Inventor Project, filed a patent including IA DABUS as its inventor. The Patent and Trademark Office rejected it, and Thaler wanted to bring it to justice.
DABUS was registered as an inventor of a new type of flashing light and a beverage container, but according to US law, you have to be an “individual” in order to appear as the inventor of a patent.
But the fact is that not only Artificial Intelligence are excluded from this sector, neither companies nor states can claim to be inventors of a patent.
For Thaler, this is a problem that does not encourage innovation, although it is clear that from a legal point of view there is no way to take it, since it is not possible to sue or argue with an algorithm (at least in 2021).
According to Stephen Thaler, including AI as an inventor of patents would lead to more AIs capable of producing patentable results being developed, by making those results more valuable.
The conclusion is that, today, Artificial Intelligence cannot invent or create without human intervention, and that is a sufficient argument not to allow something like that proposed by Thaler in his case.