That also seems relevant for this whole discussion, actually -- if a work can't be copyrighted it certainly can't have a changed license, or any license at all. (I guess it's effectively public domain to the extent that it's public at all?)
You're really missing the point in multiple ways. First, precedents on copyright law are irrelevant to patent law. Second, AI generated works generally can be copyrighted under the human creator's name.
No, I think you are quite incorrect, at least on the latter point:
"Lower courts upheld a U.S. Copyright Office decision that the AI-crafted visual art at issue in the case was ineligible for copyright protection because it did not have a human creator."
Not eligible for copyright protection does not mean it can be copyrighted "under the human creator's name". It means there is no creative work at all. No copyright.
Even if all I have to do is tell my agent, "here is a patent for a drug, analyse the patent and determine an equivalent but non-infringing drug" and it chugs away for a couple of hours and spits out a drug along with all the specifications to manufacture it?
I guess the state of play will be that for new drugs the original manufacturer will already have done that and ensured that literally anything that could be found as a workaround is included in the scope of the patent. But I feel like it will not be possible to keep that wartertight.
Yes, even so. Human drug researchers have been doing the same thing for decades. As soon as one pharmaceutical company launches a successful small-molecule drug everyone else jumps to find a minor tweak that will hit the same target (ideally with fewer side effects) while evading the patent. There is already specialized software to help with this process so I'm skeptical that LLM agents would be very helpful for this use case.
Not sure why this should be true; the US Supreme Court recently chose to let precedent stand that AI creations are not copyrightable. https://www.reuters.com/legal/government/us-supreme-court-de...
That also seems relevant for this whole discussion, actually -- if a work can't be copyrighted it certainly can't have a changed license, or any license at all. (I guess it's effectively public domain to the extent that it's public at all?)
You're really missing the point in multiple ways. First, precedents on copyright law are irrelevant to patent law. Second, AI generated works generally can be copyrighted under the human creator's name.
No, I think you are quite incorrect, at least on the latter point:
"Lower courts upheld a U.S. Copyright Office decision that the AI-crafted visual art at issue in the case was ineligible for copyright protection because it did not have a human creator."
Not eligible for copyright protection does not mean it can be copyrighted "under the human creator's name". It means there is no creative work at all. No copyright.
And while courts in theory aren't supposed to apply copyright precedent to patent cases, in practice, they apparently do a lot of the time, so it's kind of a mess! https://scholarship.kentlaw.iit.edu/ckjip/vol16/iss1/4/#:~:t...
No, you're still missing the point. Did you even read the court's opinion?
Even if all I have to do is tell my agent, "here is a patent for a drug, analyse the patent and determine an equivalent but non-infringing drug" and it chugs away for a couple of hours and spits out a drug along with all the specifications to manufacture it?
I guess the state of play will be that for new drugs the original manufacturer will already have done that and ensured that literally anything that could be found as a workaround is included in the scope of the patent. But I feel like it will not be possible to keep that wartertight.
Yes, even so. Human drug researchers have been doing the same thing for decades. As soon as one pharmaceutical company launches a successful small-molecule drug everyone else jumps to find a minor tweak that will hit the same target (ideally with fewer side effects) while evading the patent. There is already specialized software to help with this process so I'm skeptical that LLM agents would be very helpful for this use case.
The formula is what is patented, not the process to come up with it.