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Abstract
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.
| Original language | English |
|---|---|
| Title of host publication | Magna Mater Marianne Levin 2022 |
| Subtitle of host publication | Festskrift till Marianne Levin |
| Editors | Marie Karlsson-Tuula, Per Jonas Nordell, Frantzeska Papadopoulou, Annina H. Persson |
| Place of Publication | Stockholm |
| Publisher | Jure |
| Chapter | 12 |
| Pages | 159-180 |
| Number of pages | 21 |
| ISBN (Print) | 978-91-7223-887-9 |
| Publication status | Published - 2022 Sept 24 |
Subject classification (UKÄ)
- Law
Free keywords
- Private law
- Patent law
- Patententability of AI
- AI inventions
- Concept of inventor
- AI & patent law
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AICARE: AI and Automated systems and the Right to Health - Revisiting law accounting for the exploitation of users’ preferences and values (AICARE)
Nordberg, A. (PI), Slokenberga, S. (Researcher), Viberg Johansson, J. (Researcher), de Heer, S. (Researcher) & Farisco, M. (Researcher)
2021/01/01 → 2026/12/31
Project: Research