Creative Machines, Orphan Inventions: AI and the concept of inventor at the EPO
(2022) p.159-180- Abstract
- In 2018, an AI system named by its creator DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) was credited by its creator to have independently invented a neural flame and a fractal container. According to its creator, DABUS is a ‘sentient artificial general intelligence can replicate all aspects of human cognition, including perception, creativity, consciousness, and sentience’ and these creative machines are capable of having ‘subjective feelings about their cognitive products.’ (Thaler, 2021).
This chapter analyses the ongoing attempts to patent the output of this AI system at the EPO, the decision of the receiving section and legal board of appeal (JBA), discussing a selection of relevant points of law... (More) - In 2018, an AI system named by its creator DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) was credited by its creator to have independently invented a neural flame and a fractal container. According to its creator, DABUS is a ‘sentient artificial general intelligence can replicate all aspects of human cognition, including perception, creativity, consciousness, and sentience’ and these creative machines are capable of having ‘subjective feelings about their cognitive products.’ (Thaler, 2021).
This chapter analyses the ongoing attempts to patent the output of this AI system at the EPO, the decision of the receiving section and legal board of appeal (JBA), discussing a selection of relevant points of law raised by this case. Several decisions concerning the DABUS case have also been issued at national level, a few will be very briefly analyzed to provide context to the ensuing discussion on de lege ferenda proposals for legislative interventions regarding orphan inventions. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/f944e603-7074-4bfd-b830-713f906ea102
- author
- Nordberg, Ana LU
- organization
- publishing date
- 2022-09-24
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- published
- subject
- keywords
- Private law, Patent law, Patententability of AI, AI inventions, Concept of inventor, AI & patent law, Civilrätt, Patenträtt
- host publication
- Magna Mater Marianne Levin 2022 : Festskrift till Marianne Levin - Festskrift till Marianne Levin
- editor
- Karlsson-Tuula, Marie ; Nordell, Per Jonas ; Papadopoulou, Frantzeska and H. Persson, Annina
- pages
- 21 pages
- publisher
- Jure
- ISBN
- 978-91-7223-887-9
- project
- AI and Automated systems and the Right to Health - Revisiting law accounting for the exploitation of users’ preferences and values (AICARE)
- language
- English
- LU publication?
- yes
- id
- f944e603-7074-4bfd-b830-713f906ea102
- alternative location
- https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4232067
- date added to LUP
- 2022-05-12 11:32:43
- date last changed
- 2023-02-13 22:32:21
@inbook{f944e603-7074-4bfd-b830-713f906ea102, abstract = {{In 2018, an AI system named by its creator DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) was credited by its creator to have independently invented a neural flame and a fractal container. According to its creator, DABUS is a ‘sentient artificial general intelligence can replicate all aspects of human cognition, including perception, creativity, consciousness, and sentience’ and these creative machines are capable of having ‘subjective feelings about their cognitive products.’ (Thaler, 2021). <br/><br/>This chapter analyses the ongoing attempts to patent the output of this AI system at the EPO, the decision of the receiving section and legal board of appeal (JBA), discussing a selection of relevant points of law raised by this case. Several decisions concerning the DABUS case have also been issued at national level, a few will be very briefly analyzed to provide context to the ensuing discussion on de lege ferenda proposals for legislative interventions regarding orphan inventions.}}, author = {{Nordberg, Ana}}, booktitle = {{Magna Mater Marianne Levin 2022 : Festskrift till Marianne Levin}}, editor = {{Karlsson-Tuula, Marie and Nordell, Per Jonas and Papadopoulou, Frantzeska and H. Persson, Annina}}, isbn = {{978-91-7223-887-9}}, keywords = {{Private law; Patent law; Patententability of AI; AI inventions; Concept of inventor; AI & patent law; Civilrätt; Patenträtt}}, language = {{eng}}, month = {{09}}, pages = {{159--180}}, publisher = {{Jure}}, title = {{Creative Machines, Orphan Inventions: AI and the concept of inventor at the EPO}}, url = {{https://lup.lub.lu.se/search/files/125304252/PRE_PRINT_Nordberg_A_Creative_machines_FINAL.pdf}}, year = {{2022}}, }