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AI cannot be named as inventor on patent applications: written decision now available

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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