Recently, patent offices around the world were concerned with the patent application for a blinking light and a fractal food container, and extensively discussed the requirements for granting a patent. This unprecedented case sparked extensive discussions as “Dabus AI” was filed as an inventor—an autonomously acting software. This case raised a number of issues concerning patent law, in particular whether an invention in the field of artificial intelligence (AI) is patentable, and moreover, whether the invention made by an AI is patentable. In this paper, we address these two perspectives by discussing the legal requirements for filing a patent application and applying the two perspectives described to these requirements. We conclude that, as of now, only the human inventor Gyro Gearloose can be a patentable inventor. The time when his little helper will occupy a similar position is still in the future—but it is worth looking beyond the horizon into the future.

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Gyro Gearloose or Little Helper?—Two Perspectives of AI and Patent Law

  • Dagmar Gesmann-Nuissl,
  • Stefanie Meyer

摘要

Recently, patent offices around the world were concerned with the patent application for a blinking light and a fractal food container, and extensively discussed the requirements for granting a patent. This unprecedented case sparked extensive discussions as “Dabus AI” was filed as an inventor—an autonomously acting software. This case raised a number of issues concerning patent law, in particular whether an invention in the field of artificial intelligence (AI) is patentable, and moreover, whether the invention made by an AI is patentable. In this paper, we address these two perspectives by discussing the legal requirements for filing a patent application and applying the two perspectives described to these requirements. We conclude that, as of now, only the human inventor Gyro Gearloose can be a patentable inventor. The time when his little helper will occupy a similar position is still in the future—but it is worth looking beyond the horizon into the future.