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Tokyo District Court Rules AI Cannot Be Issued Patents; Law Recognizes Only ‘Natural Persons’ as Inventors

May 18, 2024 - japannews.yomiuri.co.jp
The Tokyo District Court has dismissed a lawsuit by an American engineer who claimed an AI-generated invention. The engineer had filed a suit against the government after the Patent Office rejected a patent application where an AI, named DABUS, was listed as the inventor. The court ruled that under the Patent Law, inventors are limited to natural persons and did not make a judgement on whether the invention met patent requirements.

The court suggested that if AI-generated inventions are recognized in the future, a separate system different from the existing Patent Law could be designed. The plaintiff's attorney expressed intentions to appeal the ruling, emphasizing the importance of the issue to society. The Patent Office agreed with the court's assertion that inventors are limited to natural persons.

Key takeaways:

  • The Tokyo District Court dismissed a claim by an American engineer who argued that an AI-generated invention should be recognized under patent law.
  • The court ruled that inventors under the Patent Law are limited to natural persons, following the initial rejection of the patent application by the Patent Office.
  • The court did not make a judgement on whether the AI-generated invention fulfills patent requirements, but suggested that a separate system could be designed for AI-generated inventions.
  • The plaintiff's attorney expressed the intention to appeal to a higher court, emphasizing the importance of this issue to society.
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