That’s especially true because in order for AI to transfer IP rights to an owner they must have the ability to own the property in the first place
Rao 21 – IP litigation associate at Fieldfisher LLP.
Natasha Rao, February 17 2021, “Are AI-Generated Inventions the Future?” International Trademark Association, https://www.inta.org/perspectives/features/are-ai-generated-inventions-the-future/
Even if IP law could adapt to recognize a non-human inventor, this solves only half of the problem. An AI does not have a legal personality, it is precluded in any event from being party to any employment agreement, from owning any IP rights, and from being able to transfer any such IP right to a third party (such as its owner).
This was the objection raised recently by both the European Patent Office (EPO) and UK Intellectual Property Office (UKIPO) when the creator of the DABUS machine sought to patent its two inventions. The two patent applications at the UKIPO were refused in December 2019. The creator of the DABUS machine appealed the decision to the English court, but the High Court upheld the UKIPO’s decision in September 2020. The UKIPO commented that “there appears to be no law that allows for the transfer of ownership of the invention from the inventor to the owner in this case, as the inventor cannot itself hold property.” The High Court decision has now been appealed to the Court of Appeal. In January 2020, the two patent applications at the EPO were also refused. The creator of the DABUS machine has also appealed that decision but that appeal has not yet been heard. In the end, to grant AI a legal personality would also be a dramatic departure from existing legal principles and would have vast and serious consequences for all jurisprudence, from contract law to tort.