A Look at DABUS case, An outlook towards Future Patent System

Articles in Press

Document Type : Research Article

Authors

1 Student of phd؛ private law, Azad university, science and research, tehran, Iran.

2 Department of Private Law, Faculty of Law & Political Science, University of Tehran, Tehran

3 Department of Private Law,Faculty of Law,Theology & Political Science, Science & Research Branch, Islamic Azad University, Tehran, Iran

10.22059/jolt.2024.365991.1007232

Abstract

Artificial Intelligence as one of the most important grounds of new technologies ,infiltrates in all ground works of human being life.one of this ground works ,are the inventions which are created by artificial intelligence and this question will arises that if artificial intelligence would benefit legal rights of inventions? what is the necessity of recognition of this legal right,and what are the challenges of recognition of this legal right in frame work of traditional system of intellectual property law? The current article studies the possibility of inventorship of artificial intelligence, by stress on DABUS, the famous case which name is incorporated as an inventor in patent application.The current research tries to checking the possibility of reconciling the requirements of invention patentability with artificial intelligence specifications,and investigate the possibility of inventorship and ownership of artificial intelligence with the analytical- descriptive method and by addressing the process of DABUS case,and in the end,it concludes that mostely requirements of patentability are coincide with artificial intelligence features,and recognition of DABUS as an inventor in some of international patent offices can be the beginning of making changes in new patent system and also recognition of other legal rights namely the personality right for artificial intelligence.

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Main Subjects

Private Law

Articles in Press, Accepted Manuscript
Available Online from 05 May 2024

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