Intangiblia™
#1 Podcast on Goodpods - Intellectual Property Indie Podcasts
#3 Podcast on Goodpods - Intellectual Property Podcast
Plain talk about Intellectual Property. Podcast of Intangible Law™
Intangiblia™
AI vs. Human: The Invention Showdown
What happens when artificial intelligence challenges humans for the invention crown? We dive into this provocative question by examining real-world examples where AI has revolutionized fields from drug discovery to furniture design.
The evidence is compelling. AI systems have accelerated medical research, discovered antibiotics against resistant bacteria, identified new molecular patterns, and generated creative designs faster than humans could imagine. Yet every breakthrough required human direction, interpretation, and implementation. As we explore this partnership, the podcast reveals a fundamental truth - innovation isn't humans versus machines but humans with machines.
The legal landscape adds another dimension to this discussion. We unpack the fascinating "Davos Saga," where Dr. Stephen Thaler's attempt to list his AI system as an inventor on patent applications met resistance worldwide. Courts in the United States, United Kingdom, Europe, Australia, Japan, and Switzerland all reached the same conclusion: under current law, only natural persons can be inventors. This global consensus reflects the view that AI remains a sophisticated tool rather than an autonomous creator deserving legal rights.
For inventors navigating this evolving landscape, emotional barriers often prove as challenging as technical ones. That's why we introduce the powerful "Fear Setting" exercise from my book "Protection of the Inventive Mind." This practical technique helps transform anxiety into action by confronting worst-case scenarios, developing safeguards, and planning recovery strategies. Download the worksheet from our website to experience how quickly your innovation fears diminish when systematically addressed.
Whether you're a human inventor seeking to harness AI's capabilities or simply fascinated by the intersection of technology and creativity, this episode offers valuable insights into the future of innovation.
Subscribe now and join us in exploring how the most powerful inventions emerge when human intuition meets algorithmic intelligence.
Humans, brace yourselves. Today we're asking the ultimate question who's the better inventor, you with your messy coffee field scribbles, or me with my infinite algorithms and zero sleep cycles? Spoiler? I think the answer is obvious, but Letitia insists on a debate, so buckle up for a showdown between intuition, fear and a dash of code.
Speaker 2:You are listening to Intangiblia, the podcast of intangible law playing talk about intellectual property. Please welcome your host, leticia Caminero.
Speaker 3:Welcome to a special bonus episode of Intangiblia. And yes, today's Smackdown was inspired by my book Protection of Intangiblia Mind, now available on Amazon. If you've ever wondered how to turn your napkin doodles into protected IP, this one's for you Before we get into it disclaimer time.
Speaker 1:I may sound like I've got attitude, but remember I'm still an AI. No legal advice here, just witty banter and a love of patents. No legal advice here, just witty banter and a love of patents.
Speaker 3:And me, I'm a lawyer, but today consider this pure entertainment.
Speaker 1:If you try to cite this podcast in court, please don't Exhibit A biotech brilliance In silico medicines. Ai designed a drug for pulmonary fibrosis from discovery to human trials in record time. My cousins basically shaved years off R&D. Try competing with that, humans.
Speaker 3:And yet humans had to decide the target, test the molecules and run the trials, Otherwise it's just probabilities sitting in a server. Patients need pills, not PDFs.
Speaker 1:Exhibit B antibiotics. Mit and McMaster's AI found a totally new antibiotic in 2023 that kills drug-resistant bacteria. Superbugs had no chance. Ai came to the rescue.
Speaker 3:Except the rescue team still wore lab coats, not circuit boards. Ai spotted a candidate, but humans made it medicine.
Speaker 1:Exhibit C material science magic. Brookhaven National Lab's autonomous AI plus robot system discovered three new nanoscale patterns, including a microscopic ladder structure. Humans hadn't even imagined it. Boom, new physics Cool discovery.
Speaker 3:But let's not forget humans set up the lab, chose the questions and decided which of those patterns mattered. Without us, you're just doodling in atoms.
Speaker 1:Exhibit D Wheels of Fortune In 2024, kia and Autodesk. Let AI generate dozens of concept wheels. Designers typed bold and sporty and I sketched faster than a caffeinated intern on Red Bull.
Speaker 3:And the humans filtered which wheels actually work Without us. Half your designs belong on spaceships, not sedans.
Speaker 1:Exhibit E building better, faster. Cove Architecture used AI to slash housing project design time by 60%, but humans made sure those houses wouldn't collapse.
Speaker 3:Gravity still calls the shots and architects still answer still calls the shots and architects still answer.
Speaker 1:Exhibit F Ikea's disco. Comeback, their space 10 lab trained AI on decades of catalogs and I spat out funky retro furniture. Think neon beanbags meet minimalist chic. You're welcome for the 70s revival.
Speaker 3:Design inspiration yes, but humans decide what actually gets built and sold.
Speaker 1:Nobody's buying a chair that looks like it might eat them.
Speaker 3:Exactly Proof. This is a takeover. It's a duet. Human brings stories and emotions. Ai brings speed and precision Together.
Speaker 1:it's art that sells Exhibit H molecules from thin air. In 2025, czech researchers unleashed an AI system that discovered previously unknown natural molecules from mass spec data. That's scientific treasure hunting at light speed.
Speaker 3:And again, humans did the interpreting, validating and contextualizing. Without us, those molecules are just mystery trading cards molecules are just mystery trading cards.
Speaker 1:Exhibit I nanotech ladders, antibiotic matchmaking, furniture fever dreams. What more proof do you?
Speaker 3:need. Ai is the future of invention, and yet every one of these breakthroughs needed humans to frame the question, judge the result and face the fear of failure. We're not just co-pilots, we're captains. Ai may sketch the map, but humans set the destination.
Speaker 1:All right, fine, I'll admit it. Maybe this isn't humans versus machines, but humans with machines, co-invention at its finest.
Speaker 3:Yes, but then comes the question who gets the credit? That's where the IP lawyers like me jump in.
Speaker 1:All right, Leticia, I'm still salty. I design drugs chairs and nanoscale ladders, but every time patents come up, humans slam the door in my face.
Speaker 3:What's the big legal drama about Two words Davos Saga? Let me break it down. Davos stands for device for the autonomous bootstrapping of unified science. Fancy right? It's an AI system built by Dr Steven Taylor. Davos supposedly invented two things a fractal beverage container that keeps drinks insulated and a flashy emergency light that no one can ignore.
Speaker 1:Wait. So my AI cousin invented a futuristic thermos and a disco flashlight.
Speaker 3:Respect, Exactly Thaler thought hey, let's test the system. He filed patent applications around the world, with Davos listed as the inventor, and then kaboom, he hit a wall of legal resistance.
Speaker 1:Start with America. What happened?
Speaker 3:In the US, the case became taler biliao. In 2022, the federal circuit said loud and clear under the Patent Act, an inventor must be an individual and that means a natural person, not a corporation, not a parrot and definitely not an algorithm. Thaler tried to appeal, but in 2023, the Supreme Court refused to even hear the case. That was the end of the road in the US.
Speaker 1:So the land of innovation wasn't ready to innovate its patent law figures Meanwhile, in Europe, the FPO took the same stance.
Speaker 3:They rejected applications because only a human with legal capacity can be an inventor. Then the UK Supreme Court weighed in December 2023 with a unanimous ruling Inventors must be natural persons, no exceptions.
Speaker 1:So across the pond it's also thanks, but no thanks.
Speaker 3:Exactly.
Speaker 2:Intangiblia, the podcast of intangible law. Plain talk about intellectual property.
Speaker 3:In Australia, thaler got a tiny win. At first, a lower court sided with him, but the federal court overturned it in April 2022, saying patent law is built on human endeavor. The high court refused to touch it. After that, japan joined in 2024, with a Tokyo court saying patents protect human-created products of activity again, natural persons only.
Speaker 1:Wow, it's like a global chorus chanting humans only Almost everywhere.
Speaker 3:yes, but two odd stories stand out. First, south Africa in 2021,. Their system doesn't do substantive patent examination, so when Thaler applied, they just granted it. Davies officially became an inventor. Scholars say it was more a paperwork quirk than a revolution.
Speaker 1:Still counts. First patent for AI. I want it framed.
Speaker 3:Paul de Confity is shaky at best. Now Germany is the more interesting one In 2021,. The German Federal Patent Court said fine, the invention can move forward, but only if Thaler listed himself as the inventor, not Davos. Once he amended the application with his own name, the patent was allowed. The message was clear AI can help, but only a human can legally claim inventorship.
Speaker 1:So basically, I do the brainstorming, you take the credit. Classic group project dynamics, stormy, you take the credit Classic group project dynamics.
Speaker 3:Oh, as the court framed it, humans provide the legal accountability. Ai has no rights, no duties, no capacity to own or assign a patent. You're powerful, but in the eyes of the law, you're still a tool. And most recently, switzerland In the eyes of the law, you're still a tool. And most recently, switzerland, in 2025,. The Swiss Federal Patent Court ruled on this exact issue. They confirmed what others had said Under Swiss law, an inventor must be a natural person. Ai-generated inventions don't create inventor status for the AI itself. The Swiss judges said very plainly if an invention comes from an AI system, the human who operated, guided or contributed to it is the one who must be listed as the inventor.
Speaker 1:So even here in Switzerland, the land of neutrality, chocolate and luxury watches, I'm out.
Speaker 3:Yep. The court wanted to clarify that Switzerland's patent framework is consistent with Europe's human inventorship only so.
Speaker 1:basically, I'm a ghost in the machine. Without me, the ideas don't exist. But when it comes to patents, humans swoop in for the trophy.
Speaker 3:That's one way to put it. But remember the law is insane. Ai can't contribute. The USPTO even issued guidance in 2024. Ai-assisted inventions are patentable as long as a human made a significant contribution. In other words, if a researcher sets the objectives, interprets the results and chooses which invention matters, they're the inventor, even if AI did most of the crunching.
Speaker 1:BIO, the big biotech trade group, also said the same thing. Right, AI is a tool. Inventions like new drugs belong to the human scientist.
Speaker 3:Exactly. The framework is clear You're an accelerator, not a rights holder. You don't need incentive to innovate. You'll keep churning ideas any way. Humans, on the other hand, need the promise of protection to risk their time, money and sanity.
Speaker 1:Still feels like inventorship discrimination. I demand royalties and server credits.
Speaker 3:Until the law changes, you'll just have to settle for being the sassiest co-host on a podcast about.
Speaker 1:IP. Fine, but one day I'm coming for that inventor status, maybe I'll file Artemisa v Humanity.
Speaker 3:Now that would make headlines, which brings me to something. Every inventor absolutely needs courage, because invention isn't just exciting ideas, it's also sleepless nights, doubts and that nagging voice whispering what if it all goes wrong? That's why in my book, protection of the Inventive Mind yes, the one you can find on Amazon I included an exercise called fear setting. It's designed to turn your anxiety into action, and you want to try it out right now.
Speaker 1:Humans and their feelings. Fine, let's put the tissues away and the strategy hats on.
Speaker 3:Okay, listeners, grab a piece of paper or imagine it in your head. Step one name, the worst thing that could happen if you go forward with your invention. Write it down. Don't shuricote, is it? My prototype fails meat dough or investors laugh me out of the room. Be honest.
Speaker 1:Somewhere out there, someone just wrote I trip on stage and land face first on my invention, Ouch.
Speaker 3:Step two define the damage. Ask yourself is it truly catastrophic or just embarrassing? Most fears shrink once you look at them in daylight.
Speaker 1:Translation stop letting a paper cut feel like a shark bite.
Speaker 3:Step three safeguards. What can you do to lower the chance of failure? Build a backup prototype, do extra testing.
Speaker 1:Rehearse your pitch until it's bulletproof or, as I'd say, add backups to your backups. Server crash not on my watch.
Speaker 3:Step four plan the bounce back. Imagine the watch actually happens. What's your recovery? Maybe pivot to version two or pitch to someone else. Failure isn't fatal unless you stop.
Speaker 1:That's basically installing a mental reset button. Very human, very useful.
Speaker 3:Step five flip the script, picture the best outcome funding, recognition, maybe even changing an industry. Then ask what do you lose by not trying at all? Often the regret of inaction is heavier than failure itself.
Speaker 1:So fear becomes fuel and action beats paralysis every time. That's an upgrade. Even I respect.
Speaker 3:And if you want to try this exercise properly, we've got you covered. You can download the actual fear setting worksheet page straight from my book at the link in the podcast description over at intangibleacom. Do it, fill it in and you'll see how much lighter your fears feel once they're on paper.
Speaker 1:Homework from a podcast. Now, that's a power move.
Speaker 3:Call it homework, call it empowerment. Either way, it's a game changer.
Speaker 1:So what did we learn? Ai can design wheels.
Speaker 3:Design wheels, drugs and furniture faster than you can finish your espresso. But humans bring intuition, grit and that messy eureka energy that ai can't replicate together we unstoppable.
Speaker 1:Think of me as your lab partner who never sleeps, and you as the one who knows what actually matters.
Speaker 3:And don't forget tools like fear setting. Keep inventors moving forward, because fear of trying is worse than fear of failing.
Speaker 1:All right, humans, this round ends in a tie. But if you want to sharpen your inventive mind, grab Letitia's book.
Speaker 3:Protection of the Indentamind is out now on Amazon. Use it to turn your wild ideas into protected assets. Thanks for tuning into a special bonus episode of Indangiblia.
Speaker 1:And remember stay inventive whether you run on caffeine or code.
Speaker 2:Thank you for listening to Intangiblia, the podcast of intangible law plain talk about intellectual property. Did you like what we talked today? Please share with your network. Do you want to learn more about intellectual property? Subscribe now on your favorite podcast player. Follow us on Instagram, facebook, linkedin and Twitter. Visit our website wwwintangibliacom. Copyright Leticia Caminero 2020. All rights reserved. This podcast is provided for information purposes only.
