Whether an artificial intelligence (AI) system can be cited as an inventor to file patent applications is an important issue of global concern. The legal systems and practical opinions of different countries are quite inconsistent. This has recently been demonstrated in the efforts by Stephen Thaler to designate his patent invention Dabus as the inventor of patents in various jurisdictions, including South Africa, Australia and the United States.
In a recent administrative judgment concerning a patent application designating Dabus as an inventor in Taiwan, the Intellectual Property and Commercial Court held that the inventor of a patent must be a natural person in accordance with the Patent Act and patent-related regulations. As Dabus is an AI system, rather than a legally natural person, and as the patent application had no other inventors, the application did not meet the requirements of the patent application.
Therefore, the Intellectual Property and Commercial Court held that the Intellectual Property Office's (IPO's) decision to reject the patent application complied with the Patent Act in light of the inadmissibility of the patent application. The Intellectual Property and Commercial Court thus confirmed the IPO's decision.
For further information on this topic please contact Ruey-Sen Tsai at Lee and Li Attorneys at Law by telephone (+886 2 2763 8000) or email ([email protected]). The Lee and Li Attorneys at Law website can be accessed at www.leeandli.com.