AI cannot be named as inventor on patent applications
In public oral proceedings today, 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
Related items
Following success with over 150 cases in 2025, AI will also support hearings before Receiving Section and Legal Division
New study from EPO and OECD looks at patenting, firm activities, skills, trade, supply chains and government action in the quantum ecosystem
Impact of AI and deep tech startups on European competitiveness
EPO, JPO and USPTO discuss the use of advanced technologies to improve patent quality and efficiency
Focus on quality, AI and shared standards
EPO experts and patent attorneys share best practices and insights from years of experience in opposition proceedings and panel discussions
Users from around the world exchange on quality, AI, legal changes and two years of the Unitary Patent system
Annual high-level meeting held in Munich covers AI, SMEs and latest IP developments
Review of impact, latest learnings and ongoing initiatives, alignment on future priorities
EPO joins forces with German and UK IP offices to promote deep tech innovation and IP-backed growth
SACEPO members meet with the EPO to exchange on cutting-edge tools and share ideas to improve access to patent information
From May 2025, a pilot at the EPO will employ artificial intelligence (AI) so that parties to oral proceedings can receive high quality minutes sooner
Explore the latest patenting trends in the Patent Index 2024
New Legal Interactive Platform makes patent law search faster and smarter
Transforming the way we access and use patent data
Outcomes of first meeting with Adrian Howes, President of the UK industry association
Discussions focus on AI, the EPO’s Observatory and future cooperation
Use generative AI to transform the way users access and leverage patent data
EPO President speaks at Viva Technology 2024 in Paris, EPO experts show how patents help turn ideas into reality and enable access to finance
Focus on the future of digital patenting services, outreach to young people and IP support for startups