Germany: Issued German Federal Court of Justice decision concerning classification of AI as an inventor under German patent law

On 11 June 2024, the German Federal Court of Justice (BGH) issued its ruling concerning patent application 10 2019 128 120.2, which involves Dr. Stephen L. Thaler and the artificial intelligence (AI) system DABUS. In particular, the court confirmed that under German patent law, only a natural person can be named an inventor. This decision stems from the application for a food or beverage container invented by the AI DABUS, which was submitted on 17 October 2019. The Patent Office initially rejected the application because it did not name a natural person as the inventor. Dr. Thaler proposed various amendments, including naming himself as the inventor who used DABUS. The Patent Court allowed his third auxiliary request, recognising Thaler as the inventor who employed DABUS for the invention. The BGH upheld this decision, stating that the use of AI does not preclude identifying a human inventor. Any reference to AI in the invention description must not contradict the identification of a human inventor. The requirement to name a natural person as an inventor is compatible with German law and does not impose unreasonable demands on the applicant. The decision confirms that while AI can assist in the inventive process, the legal status of an inventor is reserved for humans. It clarifies that AI contributions must be attributed to a human inventor, ensuring compliance with patent law requirements.