News - 28/09/2022
The “Instituto Nacional da Propriedade Industrial” (INPI) published Opinion n. 00024/2022/CGPI/PFE-INPI/PGF/AGU, issued by the Federal Attorney General’s Office, which manifested itself for the impossibility of indicating or naming artificial intelligence as an inventor in a patent application filed in Brazil.
In summary, the opinion was issued after a company filed a patent application, indicating as inventor the machine with artificial intelligence known as “DABUS”. The Public Prosecutor’s Office maintained the denial based on Article 6 of Bill n. 9.279/96 (“Lei de Propriedade Industrial”) and the provisions of the Paris Union Convention (CUP) and the TRIPS Agreement, to which Brazil is a signatory, and on the grounds that industrial property rights, as well as copyrights, result from human creation.
The Attorney General’s Office also pointed out the need to draw up specific legislation that governs inventions developed by artificial intelligence.
