Abstract
This summary outlines key discussions from a webinar hosted by 4iP Council, which explored the role of Artificial Intelligence (AI) in determining patent inventorship. The webinar featured leading experts, such as Professor Noam Shemtov (Queen Mary University of London) and Heli Pihlajamaa (European Patent Office). The panel explored the evolving dynamic between AI and the patent application process, and the necessity of having human inventors. It examined the different approaches adopted across various jurisdictions, such as the United States, Europe, and the United Kingdom, as well as at the European Patent Office.
Notably, the central question is how much human involvement is needed for someone to be recognized as an inventor when AI plays a role in the inventive process. Patent laws have traditionally been crafted with humans in mind. However, as AI's abilities increase, jurisdictions face the challenge of determining where to draw the line between human and AI contributions.
In this regard, the discussion highlighted the implications of the U.S. Patent and Trademark Office's "significant human contribution" criterion. To contrast, it also examined the approach taken by the German Federal Court of Justice and the United Kingdom. Meanwhile, the European Patent Office maintains its requirement for human inventors while delegating the resolution of inventorship disputes to national courts. The overall discussion suggests that a balanced approach is necessary to ensure legal certainty while fostering innovation in AI-assisted inventions.
