Quando a invenção se torna o inventor

: a patenteabilidade de invenções geradas por sistemas de Inteligência Artificial

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 will be made of the concept of patent and patentability requirements. Secondly, a comparison between patent and copyright law will be made where 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, a concretization of three distinct concepts will be made: 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 said concept of inventor, with support from the study of the case law related to the DABUS case. In a first point, 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 questions of who the natural person is 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, an analysis of the social and technological consequences that may occur will be made.

Date of Award	24 Nov 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Tito Rendas (Supervisor)