A US judge has dealt a blow to those wanting to register patents on behalf of artificial intelligence (AI).

AI is making leaps and bounds, in terms of sophistication. Proponents in the US, as well as Australia, have even attempted to file patents on behalf of inventor AIs.

Unlike a recent ruling in Australia, a US judge has ruled an AI doesn’t meet the criteria for holding a patent — at least not yet.

“As technology evolves, there may come a time when artificial intelligence reaches a level of sophistication that might satisfy accepted meanings of inventorship,” District court judge Leonie Brinkema said in the ruling, according to International Business Times.

“But that time has not yet arrived and, if it does, it will be up to Congress to decide how, if at all, it wants to expand the scope of patent law.”

The decision was in response to an attempt by Stephen Thaler to register patents on behalf of his DABUS machine. His attorney, Ryan Abbott, said they would appeal the decision.

“We believe that listing an AI as an inventor is consistent with both the language and purpose of the US Patent Act,” Abbott told AFP.

“This decision would prohibit protection for AI-generated inventions and it diverges from the recent findings of the Federal Court of Australia.”