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AI cannot be named as inventor on patent applications

6 July 2022

AI as inventor keyvisual

The Legal Board of Appeal of the EPO has
issued in writing its decision in case J 8/20, which confirmed that
under the European
Patent Convention (EPC) an inventor designated in a patent application must be
a human being. The decision, announced after hearing the
appellant in public oral proceedings on 21 December 2021, concerned the
rejection of two European patent applications in which an artificial intelligence system called DABUS was designated as
inventor.

The European Patent Office has
taken note of the written decisions published by the Boards of Appeal today and
welcomes the clarification on the topic of AI named as inventor.

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