Ana Nordberg
Senior lecturer
Creative Machines, Orphan Inventions: AI and the concept of inventor at the EPO
Author
Editor
- Marie Karlsson-Tuula
- Per Jonas Nordell
- Frantzeska Papadopoulou
- Annina H. Persson
Summary, in English
In 2018, an AI system named by its creator DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) was credited by its creator to have independently invented a neural flame and a fractal container. According to its creator, DABUS is a ‘sentient artificial general intelligence can replicate all aspects of human cognition, including perception, creativity, consciousness, and sentience’ and these creative machines are capable of having ‘subjective feelings about their cognitive products.’ (Thaler, 2021).
This chapter analyses the ongoing attempts to patent the output of this AI system at the EPO, the decision of the receiving section and legal board of appeal (JBA), discussing a selection of relevant points of law raised by this case. Several decisions concerning the DABUS case have also been issued at national level, a few will be very briefly analyzed to provide context to the ensuing discussion on de lege ferenda proposals for legislative interventions regarding orphan inventions.
This chapter analyses the ongoing attempts to patent the output of this AI system at the EPO, the decision of the receiving section and legal board of appeal (JBA), discussing a selection of relevant points of law raised by this case. Several decisions concerning the DABUS case have also been issued at national level, a few will be very briefly analyzed to provide context to the ensuing discussion on de lege ferenda proposals for legislative interventions regarding orphan inventions.
Department/s
- Health Law
- Lund University Centre for Business Law (Swedish abbr: ACLU)
- Department of Law
Publishing year
2022-09-24
Language
English
Pages
159-180
Publication/Series
Magna Mater Marianne Levin 2022 : Festskrift till Marianne Levin
Full text
- Available as PDF - 326 kB
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Links
Document type
Book chapter
Publisher
Jure
Topic
- Law
Keywords
- Private law
- Patent law
- Patententability of AI
- AI inventions
- Concept of inventor
- AI & patent law
- Civilrätt
- Patenträtt
Status
Published
Project
- AI and Automated systems and the Right to Health - Revisiting law accounting for the exploitation of users’ preferences and values (AICARE)
Research group
- Health Law
- Lund University Centre for Business Law (Swedish abbr: ACLU)
ISBN/ISSN/Other
- ISBN: 978-91-7223-887-9