On 28 January 2020, the European Patent Office (EPO) published its reasons for two recent decisions refusing two European patent applications in which a machine named DABUS—”a type of connectionist artificial intelligence”—was designated as the inventor. The applicant had argued that the machine should be recognized as the inventor and that he, as the owner of the machine, was an assignee of any IP rights created by his machine.
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Ongoing public consultations from the World Intellectual Property Organisation and others demonstrate a focus by IP policymakers on better understanding issues posed by artificial intelligence. In our newest Legal Update, we outline some key issues in relation to copyright ownership in AI-generated works and inventorship and ownership challenges for patent protection in AI-generated inventions. For