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ARTICLE · 09 FEBRUARY 2022

ARTIFICIAL INTELLIGENCE NOT AN "INVENTOR" UNDER EUROPEAN PATENT LAW: Is Canada Heading Down The Same Path?

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As reported in an earlier ANGLE post, we discussed how 2021 saw a number of patent office developments with regard to whether a non-human entity could be considered an inventor under various patent regimes.

CanadaIntellectual Property
Mark Penner
Mark Penner
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As reported in an earlier ANGLE post, we discussed how 2021 saw a number of patent office developments with regard to whether a non-human entity could be considered an inventor under various patent regimes. Prior to 2021, several patent offices had considered this issue and found that A.I. could not be considered an inventor. In 2021, however, an Australian Court found that a non-human "inventor" is not inconsistent with inventorship under Australian law and South Africa issued a patent designating an A.I. system as the inventor.

It would appear at the end of 2021 that some patent offices were trending towards recognizing a non-human entity, like A.I. based technology, as an inventor. Could this trend continue?

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