Comment Re:Umm, what about theft? (Score 1) 18
When the AI steals the ideas of others and presents it as a new idea to the AI user, it's still theft and the inventor is the original inventor and the ideas were on the open internet to be scraped by the AI and so is prior art.
You’re packing three different bodies of law into one spooky word, “theft,” and that muddies the water more than it helps. If it was your intent to muddy the waters, congratulations -- now go troll some other thread.
Think about it this way: If “the ideas were on the open internet,” then you’ve already answered the patent part yourself. Anything publicly disclosed before the filing date is prior art. If an AI regurgitates something that’s already out there, it doesn’t create a new patent right for the AI user – it just means the application is dead on arrival as either not novel or obvious. That’s exactly what the patent system is designed to prevent: locking up what’s already in the public domain.
More to the point: “Theft” is the wrong label for what you are talking about. Patent law doesn’t care whether you “stole” an idea; it cares who first conceived it and whether it was already disclosed. If someone copies an existing invention and tries to patent it, it’s not a clever AI loophole – it’s just an invalid patent application. At worst it’s fraud, and after the PTO kills it, the applicant will certainly get a visit from a process server with a civil tort, and (depending on how politically connected the corporation they are attempting to defrauded is) the DOJ.
Finally, copyright and scraping training data are not Issues that the USPTO deals with. At all. It is a different fight altogether. Training an AI on public data doesn’t magically transfer someone’s patent rights to the model’s owner, and it doesn’t erase prior art. Even in the most brain-dead interpretation of the scraping wars, you don’t get to turn “LLM saw a paper” into “we now own a patent on what that paper taught.” If the model outputs something substantially identical to a copyrighted work, that’s a copyright issue, not a patent issue. Neither of those scenarios gives the AI user a valid patent.
In a bucket, the new USPTO guidance doesn’t bless any of this. It basically says: AI is lab equipment, only humans can be inventors, and prior art is still prior art, no matter whether a human or a GPU found it. If your worry is “big players will try to slip bad patents through on things that already existed,” you’re late to that party – they’ve been doing that with manual searches, interns, and buzzwordy specs for decades. AI doesn’t change the core legal filters; it just changes how fast you can search and how easy it is to generate garbage that those filters are supposed to catch.