Decision of the Legal Board of Appeal of EPO: AI cannot be named as inventor on patent applications

The Legal Board of Appeal of the European Patent Office (EPO) dismissed the appeal in cases J 8/20 and J 9/20 on December 21, 2021, refusing the applications EP 18 275 163 and EP 18 275 174, in which an artificial intelligence (AI) system called DABUS was designated as inventor in the application forms. The Legal Board of Appeal also refused the auxiliary request according to which no person had been identified as inventor but merely a natural person was indicated to have “the right to the European Patent by virtue of being the owner and creator of” the artificial intelligence system DABUS.

Released by TIPO

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