Quando a invenção se torna o inventor: a patenteabilidade de invenções geradas por sistemas de Inteligência Artificial

  • Inês Meneses Lampreia

Research output: Book/ReportBookpeer-review

Abstract

The object of the present study is to assess the patentability or unpatentability of inventions generated by Artificial Intelligence systems with inventive capacity. Firstly, a brief explanation of the concept of patent and the requirements of patentability will be given. Secondly, a comparative analysis will be made between patent law and copyright law in which the differentiating elements that allow sustaining that authorship must be human will be determined, elements that are not present with the same intensity in patent law regarding the concept of inventor. Thirdly, three different concepts will be defined and explored: inventions assisted by Artificial Intelligence systems, inventions implemented by Artificial Intelligence systems and inventions generated by Artificial Intelligence systems. Subsequently, it will be relevant to determine and analyze the legal rules alluding to the concept of inventor within the scope of patent law, to ascertain which entities may be included in the aforementioned concept of inventor, with support from the study of the case law related to the DABUS case. At this stage, a comparison will be made between some legal systems inside and outside the European Union, as well as the European Patent Convention, to learn the existing paradigm. Finally, assuming the patentability of inventions generated by Artificial Intelligence systems, it is necessary to address the current legal system and answer the question of who is the natural person designated as the inventor. In light of the hypothesis that the concept of inventor includes Artificial Intelligence systems, it is necessary to investigate the possibility of devising an alternative way to grant the ownership of the right to a person and analyze the current adequacy of the requirements of patentability. On the contrary, assuming the non-patentability of these inventions, the social and technological consequences will be analyzed.
Original languagePortuguese
Place of PublicationLisboa
PublisherUCP Editora
Number of pages88
ISBN (Electronic)9789725410387
DOIs
Publication statusPublished - Jul 2024

Publication series

NameBiblioteca de Investigação

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