DABUS, a patented Artificial Intelligence (AI) system that was developed by Stephen Thaler, is a creativity machine referring particular type of connectionist artificial intelligence. This AI system, DABUS, invented a food storage container with a fractal system and a lamp to mirror the brain’s activities that accompany the formation of ideas and making it difficult to ignore.
For these two inventions, DABUS was designated as an inventor on patent applications. It was wondered to whom the EPO would grant the patent of these inventions; to DABUS who produced them, or to the person developed the algorithms of DABUS.
On 25 November EPO has refused the applications on which DABUS was designated as an inventor, on the ground that they do not meet the requirement of the EPC that an inventor designated in the application has to be a human being, not a machine. A reasoned decision may be expected in January 2020. This decision of EPO has raised controversy as to whom the patent should be given for what artificial intelligence invented.
The EPO spokeswoman made a statement about the decision of EPO and indicated that the current state of technological development showed that artificial intelligence is a tool used by a human inventor for the foreseeable future and that any change in this situation might go far beyond patent law - that is, copyright laws, legal responsibility and the rights of authors under data protection. She added that EPO is aware of the debate in the relevant community and the public about whether artificial intelligence algorithms can be considered as inventors.
Yet professors criticize the decision of EPO. Law Professor Ryan Abbott told, “If artificial intelligence is going to be how we are inventing things in the future, the whole intellectual property system will fail to work.". He suggested that artificial intelligence should be recognized as being the inventor and whoever the AI belonged to should be the patent’s owner, unless they sold it on.”
Although, the current law system does not allow the artificial intelligence systems to obtain a patent, the creative power of artificial intelligence should not be denied, even if it is not yet fully mastered in all aspects of life. The idea that the patent holder can only be a person should be abandoned and current regulations should meet the expectations of technological developments.
Source:
https://www.bbc.com/news/technology-49191645
https://www.iam-media.com/law-policy/epo-turns-down-ai-application
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