Inventorship

Last updated: 14.8.2026

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Can AI be named as an inventor?

Under the EPC, only a human being can be named as an inventor. This was confirmed by the EPO Legal Board of Appeal in decision J 8/20, following applications that listed an AI system (DABUS) as inventor.

The EPC requires applicants to identify a human inventor and explain how they obtained rights from that inventor. Because AI systems cannot hold legal rights, they cannot be recognised as inventors. This position reflects international consensus, as confirmed by final court decisions in Germany, the United Kingdom, the United States and Australia, among other countries. To date, South Africa is the only country to have accepted the designation of an AI system as an inventor.