Designation of Inventor for ‘AI-Generated Inventions’

Journal article

1 online resource (page 1167–1173)

Official headnotes (translated from the German by David Wright-Policepayeh) a) Only a natural person can be an inventor within the meaning of Sec. 37(1) Patent Act. A machine system consisting of hardware or software cannot be designated as the inventor even if it has artificial intelligence functions. b) The designation of a natural person as inventor is also possible and necessary if a system with artificial intelligence has been used to find the claimed technical teaching. c) The designation of a natural person as inventor in the official form provided for this purpose does not fulfil the requirements of Sec. 37(1) Patent Act if the application also requests that the description be supplemented by the indication that the invention was generated or created by artificial intelligence. d) Supplementing a sufficiently clear designation of the inventor by stating that the inventor caused a specified artificial intelligence to generate the invention is legally irrelevant and does not justify the rejection of the application pursuant to Sec. 42(3) Patent Act.

Crossref

GRUR International ; 73, 12, 2024, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2024.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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