The inventor principle in transition: Is there a need for results-orientated patent law?

Authors

Karolina Benedyk

Synopsis

The thesis examines whether the performance of artificial intelligence is eligible for protection under patent law. It comes to the conclusion that current law does not offer any protection. At the same time, there is an economic need for protection of these inventions. The author takes this discrepancy as an opportunity to analyse the structure of protection. She asks whether it is necessary to continue to adhere to the inventor principle and shows that patent law offers a ‘pre-grant’ incentive for innovative activity. The work draws on sociological theories. It comes to the conclusion that the protection of inventive activity provides an extrinsic incentive for the researcher. On this basis, the author develops a design of patent law de lege ferenda.

Subjects:

Patentrecht, Künstliche Intelligenz

Keywords:

Patent law, artificial intelligence, inventor principle

Biography:

Karolina Benedyk

Karolina Benedyk, born in 1995; journalist in Bremen; studied law in Trier; first law exam in 2019.

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Published: Juni 14, 2024

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