The EPO has published its decision setting out the reasons for its recent refusal of two European patent applications in which an AI system was designated as the inventor. Both patent applications, entitled “A food container and an AI application for search and rescue equipment”, indicate “DABUS” as inventor. The applicant stated that he can apply for a patent as he is the owner of the AI system and acquired the right to the European patent from the inventor by being its successor.
The applications EP 18 275 163 and EP 18 275 174 were refused by the EPO following oral proceedings with the applicant in non-public in November 25, 2019, on the grounds that they do not meet the requirement of the (European Patent Convention, EPC) (Article 81, Regulation 19(1)) that an inventor designated in the application has to be a human being, not a machine.
The EPO pointed out that the term refers to inventor should be a natural person, which seems to be an internationally applicable standard, and the courts of many countries have made such judgments herewith accordingly.
In addition, the designated inventor is mandatory because it will bring a series of legal effects, especially to ensure that the designated inventor is a legal inventor who can be benefit from the rights granted. Inventors must possess legal personality to work these rights, to which AI or machines cannot work.
Furthermore, giving the machine a name will not comply with the aforementioned EPC regulations.
In response to the two refusal decisions, the applicant can appeal to the EPO’s Independent Judicial Appeal Board (the Boards of Appeal) within two months.
Released by TIPO
