Creativity and the Requirement for Human Authors and Inventors in IP Law Christian Mammen explores the relationship between creativity and intellectual property (IP) law in a recent article on IPWatchdog. The central question addressed is why U.S. courts mandate that authors and inventors under copyright and patent laws must be human. The article offers a comprehensive look at the elements of creativity, emphasizing its external, psychological, and social dimensions. Mammen begins by defining creativity as it applies to both artifacts and the mental processes that generate them. External creativity is often defined by the novelty and value of an artifact, sometimes including an element of surprise. Generative AI outputs can meet this definition since they produce novel and valuable artifacts that can occasionally surprise. However, the psychological aspect of creativity goes deeper, involving the mental interplay between different brain networks. Creativity in this sense often comes from a combination of task-focused thinking, daydreaming, and the ability to recognize meaningful connections. This process, unique to human cognition, is not something current AI models can replicate. The social context of creativity further complicates the definition. What society deems valuable or relevant is shaped by cultural norms and boundaries, which even avant-garde creativity acknowledges by pushing these limits. Mammen's analysis suggests that IP law considers more than just the external creativity of the artifact. It also accounts for the psychological and social processes that contribute to creativity. This broader understanding helps explain why generative AI outputs, despite their novelty and potential value, do not qualify for IP protection. AI lacks the complex mental and social components integral to what courts and IP law recognize as creativity. For those interested in a more detailed examination of these themes, Mammen’s full article is available on IPWatchdog. The discussion extends to future considerations for AI regulation and its implications for IP law. Read the full article here: https://ipwatchdog.com/2024/08/05/creativity-requirement-human-authors-inventors-ip-law/id=179894/ About the Author: Dr. Christian E. Mammen is a partner with Womble Bond Dickinson. He leads the firm’s US IP Litigation practice and is managing partner of its San Francisco office. Chris brings a thoughtful perspective to the evolving field of IP law. -- Author: Christian Mammen Published: August 5, 2024, 02:15 PM

Posted by InventorNews at 2024-08-08 12:00:01 UTC