The European Patent Office has recently published its decision as to why two European patent applications were refused, on the grounds that the inventor in each case was an AI creation, a machine, and not an actual person.  The machine, called “DABUS”, was named as the inventor in the patent application. See the full article here

The European Patent Office has recently published its decision as to why two European patent applications were refused, on the grounds that the inventor in each case was an AI creation, a machine, and not an actual person.

The machine, called “DABUS”, was named as the inventor in the patent application. See the full article here:

https://www.epo.org/news-issues/news/2020/20200128.html

The applications were deemed not to meet the legal requirements of the EPC (European Patent Convention): the inventor must have a legal personality in order to exercise the rights afforded to them, and that a machine or artificial intelligence system cannot enjoy these rights.

This is in line with the UKIPO’s position, which updated its formalities manual in October 2019 to state:

‘An AI Inventor is not acceptable as this does not identify “a person” which is required by law. The consequence for failing to supply this information is that the application is taken to be withdrawn under s. 13(2).’

Artificial intelligence has a fairly recent history with AI first emerging in the 1950s from research carried out in the US. Since then with huge advances in computer technology over the decades have meant that patents relating to artificial intelligence have increased dramatically.

Machine learning remains the leading application of AI with around 40% of all AI-related patents featuring this technique. Inevitably an exponentially increasing number of AI patents are being filed.

Thus, whilst both the UKIPO and the EPO have made their current positions clear we suspect that this is not the end of the story.