Can an AI system be the inventor of a patent?

When applying for a patent (patent), the name of an inventor should be mentioned - mandatorily - (see art. XI.16 Code of Economic Law or art. 81 of the European Patent Convention).

The EPA received a European patent application in which an AI system, called 'Dabus', was listed as the inventor.

This application was approved by the European Patent Office (EPO) denied (and appeal of this decision was by the Legal Board of Appeal on December 21, 2021 rejected).

According to the EPA, only a human being (a physical person) can be designated as an inventor of a patent. Thus, an Artificial Intelligence system cannot be an inventor.

How can we assist you as a lawyer?

We assist inventors - if necessary together with a patent office - in applying for a Belgian or European patent and ensure that all validity requirements to apply for a patent are met.