AI Innovations
Rights to AI inventions
Artificial intelligence is becoming increasingly important for inventions. It can be the subject of the invention, but can also serve as a tool for developing the invention. IT systems that independently generate innovations are being used more and more frequently.
In connection with the fact that an AI has the ability to generate new inventions, the legal question arises as to who owns the rights to the inventions created by AI.
Since the emergence of such technologies that mimic cognitive skills, there has been repeated discussion as to whether artificial intelligence may not also be an inventor within the meaning of patent law.
AI is not a natural person
According to the decision of the Federal Court of Justice (BGH, decision of June 11, 2024 - X ZB 5/22), an artificial intelligence cannot be the inventor within the meaning of patent law.
The result independently developed by an AI (the "invention" of an AI) is not considered a patentable invention, as an AI as an inventor is not a natural person.
In order to be recognized as an inventor, it is crucial that a natural person has exercised a decisive influence on the invention for which a patent application is to be filed.
AI and copyrights
In our blog Artificial intelligence and patent law, we explain whether you can patent an AI and what copyrights in connection with AI applications are all about.
Regarding Justus Kreuels:
Justus Kreuels, German and European Patent Attorney, studied mechanical engineering at the TU Munich and the RWTH Aachen. A main focus of his practice is the enforcement of intellectual property rights in the field of mobile communication, Internet of Things (IoT), robotics, etc. in Germany.