Artificial Intelligence and the concept of inventor in the patent system

Abstract

Advances in science and technology have allowed for the existence of highly skilled machines capable of producing results autonomously, or almost autonomously, that could meet the patentability requirements of the invention. This is the framework where artificial intelligence inventions are born and where the need for considering new ways of creating arises. Is our present legal framework capable of protecting these inventions? Should we recognize for artificial intelligence to be inventors? If so, in what way? This work was born with the aim of reflecting and trying to answer these questions. We have conveyed an investigation in which we compare the definition of the concept of inventor among different legal systems, as well as using some resolutions from other relevant international organizations, such as the European Union, that have proposed to approach the regulation of artificial intelligence from a multidisciplinary perspective. Thus, and through the critique of two recent resolutions of the European Patent Office, we will reach our conclusions.