AI DEPRIVED OF BEING ENTITLED AS AN INVENTOR

As regards so-called DABUS applications (EP 18275163.6 and EP 18275174.3) the European Patent Office (EPO) has refused them for failing to meet the requirements of the European Patent Convention (EPC) because the applications designated an artificial intelligence (AI) as the sole inventor. These decisions were appealed last year, and the Board of Appeal at the EPO issued its written decision for the appeal on the first of these applications, J 08/20, which can be found herein this link https://lnkd.in/epBYGxVc.

Accordingly, Board of Appeal denied this appeal and concluded that neither of the formal requirements for designation of the inventor under Article 81 EPC were fulfilled by designating an AI as the inventor, and therefore it was correct for the application to be refused by the Receiving Division. Hence, EPO seems to be eager to secure its position and unless a change in the internal laws of the countries is enforced and AIs are equipped with “an electronic personality”, AI will be deprived of being entitled as an inventor for a long time.