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Can AI Be an Inventor? Patent Law in the Age of Artificial Intelligence

J.Nightingale
12/01/2024
9 min read
Patents
AI
Innovation
DABUS
Can AI Be an Inventor? Patent Law in the Age of Artificial Intelligence

The question of whether artificial intelligence can be named as an inventor on patent applications has become one of the most contentious issues in modern intellectual property law.

The DABUS case, involving an AI system named as inventor, has been tested in multiple jurisdictions with varying results:
- UK and European Patent Office: Rejected AI inventorship
- Australia: Initially accepted, then overturned on appeal
- South Africa: Granted patent with AI inventor

Key legal considerations include:
- The definition of "inventor" in patent law
- The purpose of patent protection
- Practical implications for patent prosecution
- International harmonization challenges

The debate reflects broader questions about AI's role in innovation and how legal systems should adapt to technological advancement. As AI becomes more sophisticated, these questions will only become more pressing.
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