In public proceedings, the Legal Board of Appeal of the EPO confirmed that under the European Patent Convention (EPC), an inventor designated in a patent application must be a human being. This was the judgement in combined cases J 8/20 and J 9/20, where the board just dismissed the applicant's appeal. Here, both the applications were made by a Missouri physicist Stephen Thaler, whose AI-system DABUS had made the inventions. Device for the Autonomous Bootstrapping of Unified Sentience, or DABUS, is a computer system programmed to invent by itself. It is, basically, a swarm of disconnected neutral nets that can continuously generate thought processes and even memories that can, over time, generate new and inventive outputs independently.

"It is likely a matter of time until an AI will be able to simulate human thought, think creatively, and independently identify and solve problems…. If current laws remain unchanged…the owner of the AI-generated IP can and likely will attempt to protect AI-based inventions as trade secrets to the extent possible." The past few years saw a meteoric rise of artificial intelligence (AI) products, services, and applications. AI has evolved from merely a buzzword or a cool new idea to a substantively used tool in a variety of applications, including autonomous driving, natural language processing, drug development, finance and cybersecurity among others. Companies, universities, and inventors world-wide noted the importance of AI and began seeking to patent various aspects of AI technology.