Season 2: Artificial Intelligence – 2022
Law Tech Topics by BGBG
In terms of patents, there is no law that does not consider creativity and originality, essential elements for the protection of inventions and works, as inherent to a human component.
Nowadays, the condition of inventor falls 100% on the human being. There have already been several cases in the world, where it is requested that an Artificial Intelligence agent be recognized as an inventor. None of them have been successful so far.
An example of this is what happened in the United Kingdom, where its Patent and Trademark Office denied the possibility of having an Artificial Intelligence agent as an inventor. In this case, the examining attorney must request the applicant to indicate the name of the natural person who must be designated as inventor. Fail to do that should lead to have the application simply withdrawn.
However, as technology develops, such a circumstance forces a change. The contribution of Artificial Intelligence in the creation of new inventions is increasingly important.
Counting on the recognition of the Electronic Personality of the Artificial Intelligence agents, the possibility of a later recognition as an Inventor could not be denied when the Artificial Intelligence agent has developed and added value to the development of a technical solution to a technical problem. We are not talking about isolated cases, today hundreds of inventions are already known that were created by some type of Artificial Intelligence agent in a faster, better, and cheaper way.
Current conditions are shaping what will be a new reality for Intellectual Property. There is no way to fall behind. Local and international legislation must recognize Artificial Intelligence as a reality (and not just fiction) to offer the solutions that this reality demands, without leaving behind the permanent promotion of innovation.