Home: Maucher Jenkins

Intellectual Property

Intellectual
Property

Patents | Trade Marks | Designs

新闻与事件

新闻活动

IP rights in the context of artificial intelligence

日期: 14 February 2020

 

Nowadays artificial intelligence (AI) isn’t science fiction anymore, but it is all around us. As AI has more and more influence on our normal lives, it also becomes more and more relevant to the field of intellectual property law.

 

For innovative companies wanting to protect their ideas in this technical field, questions arise as to how artificial intelligence itself, and how the results generated by artificial intelligence, can be protected.

 

Artificial Intelligence and Patent law – the inventor of a patent must be a natural person

 

Recently the EPO decided to refuse two patent applications (EP18275163 and EP18275174) naming a machine (called “DABUS”) as inventor. The EPO stated that, according to the European patent system, the inventor of a European patent must be a natural person.

 

The EPO refers in its decision to Art. 19 (1) EPC. This article stipulates that the request for grant of a European patent shall contain the designation of the invention and this designation shall state the family name, given names and full address of the inventor. According to the EPO, indicating the name of a machine does not meet these requirements.

 

The EPO also considered that inventorship under the EPC is associated with various rights. However, because AI systems or machines have no legal personality, they cannot have rights that come from being an inventor.

 

Furthermore, the EPO remarked that the understanding that the inventor is a natural person appears to be an internationally applicable standard.

 

Artificial Intelligence and Copyright law - protection for article generated by an AI system

 

Artificial intelligence is also a hot topic in the field of copyright law. Recently, the Nanshan District Court in Shenzhen decided that an article written by an intelligent writing assistance system is protected under copyright law. The company which developed the software behind this system accused another company of copyright infringement, which was alleged to have made this article available to the public on its own website. The court ruled in favour of the plaintiff.

 

One can imagine that this decision will give a further boost to the development of AI systems in China.

 

Our team of IP specialists in Artificial Intelligence

 

Our team of patent attorneys and attorneys-at-law can assist companies with all questions concerning IP rights for artificial intelligence. As an international law firm with, among others, a new office in Shenzhen we can offer dedicated international support in this area.

 

Please see our service page for more information: Artificial Intelligence 

EmailTwitterLinkedInXingWeChat
C
本网站使用cookies。

其中一些cookies是必要的,而另一些cookies则通过分析网站的使用方式来帮助我们改善您的用户体验。有关我们使用的cookies的更多详细信息,请查看我们的隐私政策

必要的Cookies

必要的cookies可实现网站核心功能。 没有这些cookies,网站将无法正常运行。这些cookies只能通过更改浏览器选项来禁用。

分析性Cookies

分析性cookies通过收集和报告使用信息帮助我们改进网站。

x