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ARTICLE · 30 MAY 2023

Generative AI And The Question Of Authorship

The issue of whether an artificial intelligence (AI) platform or its programmer(s) should, or can, be credited with the creation of an Intellectual Property (IP)...

LuxembourgIntellectual Property

The issue of whether an artificial intelligence (AI) platform or its programmer(s) should, or can, be credited with the creation of an Intellectual Property (IP) asset has been hotly debated over the last couple of years. But if recent events are any indicator, the world of AI can be transformed in just a couple of months. Will the IP system be able to keep up?

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Patent offices in the United States, European Union, United Kingdom and elsewhere have already determined that an AI tool cannot hold inventorship: Only natural persons can be inventors. However, jurisdictions with no substantive patent examination procedures, such as South Africa, have allowed the submission of applications naming an AI as the sole inventor (but not as an assignee).

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