European Patent Office (EPO) Has rejected designated AI systems Dabus Of the inventor 2 Patent application (Case number: J 8/20 and J 9/20) . Dabus Stephen．Taylor (Stephen Thaler) Lodge an appeal. 2021 years 12 month 21 day, EPO The appeals Committee heard the appeal, And rejected the appeal the same day.

Early in 2020 years 1 month, EPO The acceptance department based on "European patent convention" (EPC) The first 81 Articles and regulations 19 (1) Article refused 2 Patent application, The reason is that the application will Dabus Not humans are listed as inventors. EPO In its decision held that, The interpretation of the framework of the European patent system means that only natural persons can obtain patents for inventions.

In addition, EPO Held that the machine could not transfer any rights to the applicant. EPO The Legal Appeal Board confirmed the decision of the hearing department. The committee also rejected a request for assistance, The request says no one has been identified as an inventor, It simply shows that a natural person has the right to a European patent, Because it's an artificial intelligence system DABUS The creator and owner of. Taylor and his lawyer argued, Dabus They created these inventions on their own.

Observers predict EPO The appeals board will publish detailed reasons for its decision within weeks. The decision is final, Taylor has no further appeal. Although this is an explosive question, And will be crucial to future legislation, However, the Legal Appeals Board did not wish to refer any questions to the Extended Appeals Board for clarification.

Experts say, EPO It's not likely to go to Taylor 2 patent. In addition, EPO It appears that patents naming artificial intelligence systems as inventors will no longer be granted for a while. Now it is EPO Member states adopt legal changes (For example EPC) The time has come to define more clearly the patentability of artificial intelligence inventions. in EPO Shortly after announcing its decision, Patent experts asked for a revision EPC.

In practice Dabus System control 18275163 European Patent and No 18275174 The European patent relates, respectively, to a fractal beverage container and a fractal optical signal. The embodiment of the fractal light signal is a device to attract attention during search and rescue operations. Dr. Taylor, a physicist, created the name Dabus Artificial intelligence of, namely "Unified awareness automatic guidance device" .

The technology consists of neural networks, That is, a computing system based on biological neural networks, here 2 In the application, The inventors are called Dabus, this 2 Applications were also filed in the United States and the United Kingdom. Taylor also applied for a patent in Germany (DE 1020191281202) .

2021 years 11 month, The German Federal Patent Court rejected it Dabus Patent of, But it points to a pragmatic approach to granting such patents. The court held that, Listed inventors must be natural persons. Even though AI has identified the problem and the solution, The inventor must also be a natural person.

however, At the same time, The AI system itself can be given extra names. So far, Taylor had little success in Europe. The UK Intellectual Property Office was upheld by the UK High Court and then the UK Court of Appeal (UKIPO) Previous award, That is, a patent application cannot Dabus List as inventor. United States Patent and Trademark Office (USPTO) Also supports this view.

(Compiled from www. juve-patent. com)

        Reprinted from China Intellectual Property Network   translation: Rason group　proofread: Wang Dan

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