Companies overwhelmingly patent, not humans
Miller 21 - JD, U of Detroit Austin G. Miller, Intellectual Property law firm of Reising Ethington P.C., NOTE: Can a Light Bulb Turn On in the Mind of a Computer? - A Primer to the Issue of Whether AI Computers Are Capable of Conception, 99 U. Det. Mercy L. Rev. 95, Fall, 2021, Nexis.
Today , there is nothing in the law that explicitly prohibits computers as inventors. 164 If the USPTO or a federal district court does not find that a computer can be an inventor on a patent application under the current law, it will be challenging to maintain the ideology that patents "promote the progress of science." 165 In the event that computers meet the current statutory requirements for inventorship, there are two additional reasons why they should be granted inventorship on a patent application. First, corporations make up 93.7% of all patent assignees in the United States, and they are well equipped to protect computer-generated innovations via trade secret law if they remain unprotectable under patent law. 166Link to the text of the note Second, the Framers and the Supreme Court emphasized the "public good" purpose of the Constitutional patent provision and laws. 167 Accordingly, it is foreseeable that if the USPTO or a federal district court does not look past the statutory language that merely suggests that inventors must be human, then as AI becomes widespread, a large number of computer-generated innovations will be guarded from the public.