EU EPO: AI cannot be named as inventor on patent applications

In public oral proceedings on 21 December 2021, in combined cases J 8/20 and J 9/20, the Legal Board of Appeal of the EPO confirmed that under the European Patent Convention (EPC) an inventor designated in a patent application must be a human being. The board dismissed the applicant’s appeal. The written decision and reasons will be issued in due course and will be available via the European Patent Register. The Boards of Appeal have issued a communiqué with further details.

Further information

• Communiqué of the Boards of Appeal
• European Patent Register – EP 18 275 163
• European Patent Register – EP 18 275 174
• Legal Board of Appeal of the EPO