Thursday, February 17 2022   \  Published by A.G. da Cunha Ferreira, Lda..

Holder, Inventor, Creator, Author: What is the Difference?

The holder of an Intellectual Property right is a natural or legal person that was conferred the right to impede third parties to commercially exploit its/his/her invention, design, model or product without its/his/her consent. Within the scope of Industrial Property Rights, as instance, a patent, several holders are allowed. 

 

An inventor is a person who contributed to the conception of an invention, which can be protected through a patent or utility model. 
The same invention can have several inventors who, traditionally, are natural persons.

 

Lately the question whether an Artificial Intelligence system developed to be an “inventor” can be legally considered as such has been debated. The issue was raised when, in many patent applications, DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) as a named inventor. DABUS is a neural network designed to create and assess novel ideas, developed by the natural inventor Stephen Thaler. So far, there have been only decisions favorable to DABUS as inventor in Australia and South Africa. The European Patent Office, the UK Intellectual Property Office (IPO) and the USPTO have been so far rejecting the naming of AI systems as inventors. Likewise, in Portugal the law is designed in such a way to consider only as inventor a natural person. Read more

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