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ARTICLE · 21 MAY 2020

USPTO: AI Cannot Be Named As Inventor On Patent

On April 27, 2020, the United States Patent and Trademark Office published a petition decision stating that under current law...

CanadaIntellectual Property

On April 27, 2020, the United States Patent and Trademark Office published a petition decision stating that under current law, only natural persons may be named as an inventor in a patent application. The agency's decision stems from the USPTO's rejection of a U.S. patent application that listed an autonomous entity, named DABUS, as the inventor. DABUS stands for “Device Autonomously Bootstrapping Uniform Sensibility” and is a “Creativity Machine” that uses neural networks to generate new inventions. The decision is available on the Artificial Intelligence page and the Final Decisions by the Commissioner for Patents page of the USPTO website.

This USPTO statement is consistent with the EPO's position as articulated in its reasons for rejecting two European DABUS patent applications on January 27, 2020. The two DABUS applications were refused by the EPO following oral proceedings with the applicant in November 2019, on the grounds that they do not meet the legal

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