Artificial Intelligence cannot be an inventor says EPO’s Board of Appeal

Artificial intelligence (AI) / Machine learning artwork from Mike MacKenzie

License:https://creativecommons.org/licenses/by/2.0/  Creator: Mike MacKenzie

The EPO Board of Appeal (BoA) has recently published its full judgement in the J 8/20 case. In the patent application the Artificial Intelligence (AI) “DABUS” was listed as the inventor. The BoA finds that only a natural person can be an inventor, and the AI “DABUS” therefore could not be the inventor in the application. Instead of listing “DABUS” as the inventor, the application should have been filed with the owner or the user of “DABUS” as the inventor. This is a simple and pragmatic solution to a philosophically difficult problem.

Link to the decision in full: https://www.epo.org/law-practice/case-law-appeals/recent/j200008eu1.html


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