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人工智能在德国作为专利发明人的解决方案
发布时间：
2021-12-14 11:04
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/
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