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How should our patent system deal with inventions by artificial intelligence (AI) systems? The first hurdle to patenting an invention by an AI system is for the AI system to qualify as an inventor in our current patent law. South Africa's Patents Act 57 of 1978 refers to an inventor as 'him'. The Interpretation Act 33 of 1957 provides that reference to the male gender includes the female. However, does 'him' include an AI inventor (as opposed to a human inventor)? If one adopts a literal reading, and assumes that an AI system cannot be referred to as 'him', the answer would be no. But is it the purpose of the Patents Act to only provide patent protection to certain kinds of inventions, namely human inventions, and not AI inventions?
Thaldar et al. (Thu,) studied this question.
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