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Patents: Artificially Intelligent machine cannot be inventor

View profile for Torion Bowles
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The European Patent Office (“EPO”) has recently refused two applications on the basis that the applicants had named an Artificial Intelligence (“AI”) system called DABUS as the inventor (Case: Grounds for the EPO decisions on EP 18 275 163 and EP 18 275 174, (27 January 2020)).

Interpreting the European Patent Convention (“EPC”), the examiner considered the EPC only provided for natural persons in relation to inventorship and made no provision for non-persons to be inventors. Under current law, AI machines have no legal personality and cannot claim to have acquired rights as an inventor in the employ of others as AI machines are merely owned, not employed. With increasing advancements in technology, it would appear that the EPC is failing to keep pace and needs to be revised.

This article has been published as part of the latest issue of our Commercial Brief, detailed within the In Brief section. You can view the other In Brief articles below:


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