PLMET:

click here to follow the link

Title:

Machina Ex Machina Artificially Intelligent Systems as Inventors under Polish Legal Framework

Subject and Keywords:

artificial intelligence   invention   inventor   patentable subject matter   patent eligibility   industrial property

Abstract:

Not only do advanced artificially intelligent (AI) systems play an increasingly important role in modern society, but they also significantly enhance industrial and economic development. AI systems are already capable of generating outputs, which, had they been created by humans, would be eligible for patent protection. Polish patent regime has yet to determine how it will address inventive computational results. This paper aims at addressing a question whether AI-generated outputs can be considered patentable inventions under Polish legal framework and if so, who would be recognized as the inventor. The author draws conclusions de lege lata and briefly outlines de lege ferenda observations. The author argues that vesting the inventor status in one of the persons who contributed to the AI-generated result offers a reasonable incentive to actors involved in the innovation process and, at the same time, leaving aside vexed problem of computational personhood, does not undermine established legal paradigms, in particular the traditional notion of human creator (inventor).

Date issued:

2020

Resource Type:

text

Detailed Type:

article

Identifier:

eISSN 2084-1264

DOI:

10.2478/wrlae-2020-0002

Language:

eng

Abstract Language :

eng

Is version of:

click here to follow the link

Access rights:

Attribution, Non-Commercial

License:

Creative Commons - Attribution (CC BY 4.0)

Rights holder:

Copyright by Wroclaw Review of Law, Administration & Economics, published by Sciendo

Autor opisu:

WR U/PAdbg