Artificial Intelligence as Inventor: Exploring the Consequences for Patent Law

Bonadio, Enrico; McDonagh, Luke and Dinev, Plamen. 2021. Artificial Intelligence as Inventor: Exploring the Consequences for Patent Law. Intellectual Property Quarterly, 1, pp. 48-66. ISSN 1364-906X [Article]

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Abstract or Description

Discusses the challenges which the creative output of artificial intelligence poses for patent law. Reviews the growth of machine-generated inventions, the requirements for patentability, including novelty and inventive step, what constitutes "inventorship", the approaches adopted by the EU, the UK and the US, and whether they achieve the optimum social welfare effect. Considers alternative approaches, and notes the potential role of ownership.

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Additional Information:

© 2021 Thomson Reuters. This is a pre-copyedited, author-produced version of an article accepted for publication in Intellectual Property Quarterly following peer review. The published version is available online on Westlaw.


Artificial intelligence; Comparative law; European patents; Inventors; Ownership; Patentability; Patentable subject matter; Social welfare; United States

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1 January 2021Published
1 December 2020Accepted

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Date Deposited:

23 May 2022 09:39

Last Modified:

23 May 2022 12:55

Peer Reviewed:

Yes, this version has been peer-reviewed.


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