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ARTICLE · 26 NOVEMBER 2025

Can An AI System Be An Inventor?

Gowling WLG
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There are now generative AI tools to assist with the development of software. These AI tools have been trained on large databases of open-source software.

CanadaTechnology
Matthew Finn
Matthew Finn
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Recent developments in artificial intelligence raise some interesting questions for the patent system. For example, can an AI system be considered an inventor if it contributes to the development of an invention? If not, there is a risk that companies that use AI for software development or research and development (R&D) could risk losing patent rights to their inventions.

There are now generative AI tools to assist with the development of software. These AI tools have been trained on large databases of open-source software. The tools can be used to speed up software development. If AI systems cannot be considered inventors, there is a risk that companies that use such tools might not be able to patent certain inventions contained within their software products.

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