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Title
Japanese:日本とドイツのダバス発明事件判決から考える AI完全自律型発明の法的課題 
English:Considerations from the DABUS Invention Case Decisions in Japan and Germany Legal Issues of AI Fully Autonomous Invention 
Author
Japanese: 鈴木健二.  
English: Kenji Suzuki.  
Language Japanese 
Journal/Book name
Japanese: 
English: 
Volume, Number, Page        
Published date Feb. 13, 2025 
Publisher
Japanese: 
English: 
Conference name
Japanese:情報処理学会 第107回 電子化 知的財産・社会基盤研究会 
English:EIP-107 
Conference site
Japanese:京都 
English:Kyoto 
Official URL https://www.ipsj.or.jp/kenkyukai/event/eip107.html
 
Abstract The Japanese court decision on May 16, 2024 (the “DABUS Invention Case”), in which the applicability of AI as an “inventor” was disputed, provided an important opportunity to question how Japanese patent law should respond to the development of AI. The day is not far off when “AI fully autonomous inventions” will be realized, which will not require any human creative involvement. The “inventor” as defined in patent law is interpreted to be limited to a “natural person,” but with the future evolution of AI, how to treat “AI fully autonomous inventions” will be a major issue. The legal issues concerning “AI fully autonomous inventions” are discussed by comparing the decision of the German Federal Court of Justice in the “DABUS Invention Case” on June 11, 2024 with court decisions in Japan. Under the current Japanese patent law, “AI fully autonomous inventions” may cause the problem of absence of “inventor” or presumption. Therefore, we believe that there is a limit to the solution of this problem by the theory of interpretation, and that it is necessary to consider the problem by the legislation.

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