Bill to allow AI to be recognized as a patent inventor will be discussed in the Brazilian Congress

Bill to allow AI to be recognized as a patent inventor will be discussed in the Brazilian Congress

On February 20, a bill was introduced to recognize artificial intelligence (AI) systems as inventors in Brazil. Bill (PL) 303/2024 proposes amending the Brazilian Industrial Property Law (Law No. 9.279/1996) to make an addition to art. 6, which sets out the criteria for authorship of an invention or utility model.

Thus, the bill proposes that item 5 be added to art. 6 of the law, which will note that “in the case of inventions generated autonomously by an artificial intelligence system, the patent may be applied for in the name of the artificial intelligence system that created the invention, the latter being considered the inventor and holder of the rights inherent to the invention.” It’s important to note that today, the Brazilian Patent and Trademark Office (BPTO) rejects naming an AI system as the inventor in a patent application filed in Brazil, according to the guidance given in Opinion No. 24/2022.

In his justification, the author of the bill cited the case of Stephen Thaler’s AI DABUS, a scientist who applied for patents in Brazil and other countries, listing the AI as an inventor, and had his applications denied, but ended up sparking a series of discussions around the world about the possibility of an AI being named as an inventor.

According to the bill’s justification, the proposal to change the Brazilian IP law provision arises from the need to “adapt Brazilian legislation to the reality of technological innovations, specifically with regard to inventions generated autonomously by AI systems”. It also argues that “recognizing AI systems as patentable inventions can accelerate innovation processes, boosting economic growth, creating industries and job opportunities.”

The bill does not explain in its justification how, according to national legislation, an AI system would have the legal personality to have the legal capacity to acquire patent rights.

Bill 303/2024 is currently being sent to the Standing Committees of the Chamber of Deputies, which will analyze its merit and admissibility.

The bill can be accessed via the link: https://www.camara.leg.br/proposicoesWeb/prop_mostrarintegra?codteor=2387544&filename=PL%20303/2024

Note: For quick release and cost control, this English version is provided by automated translation without human review.