Monday, April 8 2024   \  Published by Kluwer Patent Blog.

Brazilian Congressman introduces bill to allow AI as inventor

Brazilian Congressman introduces bill to allow AI as inventor

On February 20, 2024, a Brazilian Congressman introduced a bill to amend the national IP Statute (Law #9,279/96) and regulate the ownership of inventions generated by artificial intelligence systems. Bill #303/2024 proposes the addition of a paragraph to Article 6 of the IP Statute, which regulates ownership of inventions, with the following wording: “in the case of inventions autonomously generated by artificial intelligence systems, a patent can be requested in the name of the artificial intelligence system that has created the invention, being the artificial intelligence system considered the inventor and owner of the rights arising from the invention.”

In the justification for the bill, the Congressman mentions the DABUS case, citing an article[1] that compiles the decisions rendered in different jurisdictions relating to a patent application filed by Stephen Thaler for an invention created by his AI machine, called DABUS. The Congressman observes that “although in some countries the applications were initially rejected based on the argument that the inventor needs to be a human person, in other places the debate continues, with arguments being presented in favor and against the possibility of AI being listed as an inventor.” Read more

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