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Institute of Professional Representatives before the European Patent Office
 

“DABUS” decision published - AI cannot be named as inventor (J 8/20)

July 28, 2022

In its decision J 8/20 of 5 July 2022 the Legal Board of Appeal confirmed that under the European Patent Convention an inventor designated in a patent application must be a human being.

The decision, announced after hearing the appellant in public oral proceedings on 21 December 2021, concerned the rejection of two European patent applications in which an artificial intelligence system called DABUS was designated as inventor. Details can be found in the communiqué of the Boards of Appeal here.

Posted by Graham Murnane for the Editorial Committee

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