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2021ArticlesIntelligence system considered to be the inventor of a patent

September 28, 2021
On July 30, 2021, the Australian Federal Court overturned a judgment denying a patent application filed by researcher Stephen Thaler. The main reason for the rejection had been based on the fact that the patentee attributed inventorship to the Artificial Intelligence (AI) system.

DABUS, the AI system in dispute, was initially trained using a combination of supervised and unsupervised machine learning. DABUS works from a series of artificial neural networks fed by data from various fields, which allows it to generate inventions autonomously, as well as to recognize and identify content that is novel to other existing fields.

The Australian Federal Court upheld the appeal mainly on the grounds that according to the current Australian regulations on the matter and the applicable international treaties (including the Patent Cooperation Treaty), there is no requirement that the inventor of a patent be identified as a specific natural person.

In addition to basing its decision on the applicable legal regulations, the Court recognizes the need for consistency with respect to the technological reality and the promotion of innovation.

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The authors appreciate the collaboration of

Raffinetti, Franco.

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