人工智能在德國作為專利發明人的解決方案

分類：最新消息
作者：華訊知識產權
來源：
發布時間：2021-12-14 11:04
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【概要描述】 Can artificial intelligence (AI) be registered as an inventor? As Stephen Thaler, the owner of Dabus, succeeded in letting AI be recognized as an inventor in South Africa and Australia, the challenge has transferred to Europe. In September, the UK court rejected the notion that the AI system Dabus is an inventor in its own right. However, after Thaler failed the appeal in the UK, the situation became a little different in Germany. The German Federal Patent Court gave a solution. The decision pointed a way forward in the debate surrounding how inventions created by AI can be correctly registered. The person behind the process must be named as the inventor on the inventor form, and this may be supplemented by the AI system. Patent authorities and courts around the globe have dealt with the inventions of Dabus. The German Federal Patent Court has now come to a pragmatic decision over DE1020191281202. According to the court, the listed inventor must be a natural person, even if the AI has identified both the problem and the solution. At the same time, however, the AI system itself can be additionally named. There is also a great deal of academic interest in the proceedings because of the fundamental role of AI in the invention protection. Following the decisions in Germany and the UK, the patent scene awaits the hearing at the European Patent Office on 21 December 2021. Reference: https://www.osborneclarke.com/insights/court-appeals-dabus-decision-highlights-debate-patents-ai-derived-inventions https://www.juve-patent.com/news-and-stories/cases/german-federal-patent-court-points-to-solution-for-dabus-inventions/ https://www.pinsentmasons.com/out-law/news/german-court-considers-ai-generated-inventions https://www.juve-patent.com/news-and-stories/cases/uk-court-of-appeal-opinion-diverges-on-dabus-and-patenting-ai/

人工智能在德國作為專利發明人的解決方案

【概要描述】
Can artificial intelligence (AI) be registered as an inventor?

As Stephen Thaler, the owner of Dabus, succeeded in letting AI be recognized as an inventor in South Africa and Australia, the challenge has transferred to Europe. In September, the UK court rejected the notion that the AI system Dabus is an inventor in its own right. However, after Thaler failed the appeal in the UK, the situation became a little different in Germany. The German Federal Patent Court gave a solution. The decision pointed a way forward in the debate surrounding how inventions created by AI can be correctly registered. The person behind the process must be named as the inventor on the inventor form, and this may be supplemented by the AI system.

Patent authorities and courts around the globe have dealt with the inventions of Dabus. The German Federal Patent Court has now come to a pragmatic decision over DE1020191281202. According to the court, the listed inventor must be a natural person, even if the AI has identified both the problem and the solution. At the same time, however, the AI system itself can be additionally named.

There is also a great deal of academic interest in the proceedings because of the fundamental role of AI in the invention protection. Following the decisions in Germany and the UK, the patent scene awaits the hearing at the European Patent Office on 21 December 2021.

Reference:

https://www.osborneclarke.com/insights/court-appeals-dabus-decision-highlights-debate-patents-ai-derived-inventions

https://www.juve-patent.com/news-and-stories/cases/german-federal-patent-court-points-to-solution-for-dabus-inventions/

https://www.pinsentmasons.com/out-law/news/german-court-considers-ai-generated-inventions

https://www.juve-patent.com/news-and-stories/cases/uk-court-of-appeal-opinion-diverges-on-dabus-and-patenting-ai/

分類：最新消息
作者：華訊知識產權
來源：
發布時間：2021-12-14 11:04
訪問量：

詳情

Can artificial intelligence (AI) be registered as an inventor?

As Stephen Thaler, the owner of Dabus, succeeded in letting AI be recognized as an inventor in South Africa and Australia, the challenge has transferred to Europe. In September, the UK court rejected the notion that the AI system Dabus is an inventor in its own right. However, after Thaler failed the appeal in the UK, the situation became a little different in Germany. The German Federal Patent Court gave a solution. The decision pointed a way forward in the debate surrounding how inventions created by AI can be correctly registered. The person behind the process must be named as the inventor on the inventor form, and this may be supplemented by the AI system.

Patent authorities and courts around the globe have dealt with the inventions of Dabus. The German Federal Patent Court has now come to a pragmatic decision over DE1020191281202. According to the court, the listed inventor must be a natural person, even if the AI has identified both the problem and the solution. At the same time, however, the AI system itself can be additionally named.

There is also a great deal of academic interest in the proceedings because of the fundamental role of AI in the invention protection. Following the decisions in Germany and the UK, the patent scene awaits the hearing at the European Patent Office on 21 December 2021.