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Creative Machines, Orphan Inventions: AI and the concept of inventor at the EPO

Nordberg, Ana LU orcid (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:
author
organization
publishing date
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}},
}