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ARTICLE · 25 MAY 2020

Using AI to invent therapeutics: Should artificial intelligence be recognised for inventive activity?

Two patent applications naming artificial intelligence as the sole inventor were refused by the European Patent Office.

AustraliaIntellectual Property

Two patent applications naming artificial intelligence as the sole inventor were refused by the European Patent Office following oral proceedings on the grounds that an inventor must be a human being. Is a machine capable of truly inventive activity? If so, what are the implications for the protection of the resulting technology?

Artificial intelligence (AI) can be broadly defined as the concept of a machine performing a task that is normally accepted as requiring human intelligence. AI algorithms 'learn' from data, information and even from their own decisions, and are capable of extracting concepts and relationships at high speed. AI is increasingly being incorporated into drug discovery pipelines.

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