AI cannot be named as inventor on patent applications: written decision now available - Fondee IP Law LLC

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The EPO’s Legal Board of Appeal issued its written decision in case J 8/20 and confirmed that, under the European Patent Convention, an inventor named in a patent application must be a human being. The decision followed public oral proceedings on 21 December 2021 and concerned two European patent applications that named the AI system DABUS as inventor.

The EPO noted the written decisions published by the Boards of Appeal and welcomed the clarification on inventorship when artificial intelligence is named in a patent application.