June Edition 2023

83 TAKEAWAY POINTS: It is important to note that the Commissioner’s decision did not address the question of the extent of human interaction and involvement required for a person to be considered an inventor of an invention conceived with the assistance of AI or using AI. Therefore, and since in all cases it is plausible to establish the existence of some degree of human involvement or interaction, including AI-training, the development of algorithms or the definition of parameters for AI to operate, it seems that it will be possible to successfully obtain patent protection for AI-generated invention.