When the Invention Is an Inventor: Revitalizing Patentable Subject Matter to Exclude Unpredictable Processes

Abstract

In the movie I, Robot, renegade androids use their artificial intelligence to unleash death and destruction on their human creators. 1 Although such catastrophic consequences may be little more than fanciful entertainment, technology capable of independent creative problem-solving does highlight some very real concerns.Creative thinking and invention today remain primarily human functions, but increasingly capable computers are beginning to encroach.Already, systems such as genetic algorithms allow computers to autonomously generate "real world" inventions. 2 As computers grow more powerful, they will take on an increasing proportion of the creative, problemsolving work previously reserved for human engineers.This paradigm shift demands a reexamination of the type of abstract innovations that should be patent-eligible.The Patent Act defines patentable subject matter in 35 U.