Creative Machines, Orphan Inventions: AI and the concept of inventor at the EPO

• In 2018, an AI system named by its creator DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) was credited by its creator to have independently invented a neural flame and a fractal container. According to its creator, DABUS is a ‘sentient artificial general intelligence can replicate all aspects of human cognition, including perception, creativity, consciousness, and sentience’ and these creative machines are capable of having ‘subjective feelings about their cognitive products.’ (Thaler, 2021). This chapter analyses the ongoing attempts to patent the output of this AI system at the EPO, the decision of the receiving section and legal board of appeal (JBA), discussing a selection of relevant points of law raised by this case. Several decisions concerning the DABUS case have also been issued at national level, a few will be very briefly analyzed to provide context to the ensuing discussion on de lege ferenda proposals for legislative interventions regarding orphan inventions.

Subject headings

SAMHÄLLSVETENSKAP  -- Juridik (hsv//swe)

SOCIAL SCIENCES  -- Law (hsv//eng)

Keyword

Private law

Patent law

Patententability of AI

AI inventions

Concept of inventor

AI & patent law

Civilrätt

Patenträtt

Publication and Content Type

kap (subject category)

vet (subject category)