Passage A
The foundational premise of patent law is the "conception" of an invention—a distinctly human mental act. Proponents of granting patents for AI-generated inventions argue that doing so promotes innovation. However, this ignores the established jurisprudence that an inventor must possess a subjective mental state, a conscious recognition of the invention's utility. Removing the human element severs the patent system from its moral justification: rewarding the creative intellectual labor of individuals. Furthermore, AI systems do not require economic incentives to generate output. Thus, extending patent rights to AI not only violates the statutory definition of an inventor but also fails to serve the traditional incentive structure of patent law.
Passage B
The insistence that an inventor must possess a human "mental state" relies on an antiquated, moralistic view of intellectual property. The true constitutional mandate of patent law is utilitarian: "to promote the progress of science and useful arts." If a generative AI produces a novel, non-obvious, and useful pharmaceutical compound, society benefits exactly as it would if a human chemist had discovered it. Denying patent protection based on the cognitive nature of the originator creates a chilling effect on the deployment of AI in research and development. To fulfill its utilitarian purpose, patent law must prioritize the objective value of the technological contribution over the subjective cognitive process of its creation.
Based on the passages, the authors disagree over whether the possession of a subjective mental state by a creator is necessary to fulfill the primary purposes of the patent system.
Answer: Answer