Source: Daniel Law

Daniel Law reports that the Brazilian Patent and Trademark Office (BPTO) has initiated a crucial public consultation to gather insights on the patentability of inventions created with or by artificial intelligence. This move signals a proactive effort by the BPTO to address the complex legal and philosophical questions arising from the intersection of AI and intellectual property law. The consultation aims to solicit opinions from a wide range of stakeholders, including legal experts, technology companies, academics, and the general public, on how the current patent framework should adapt to the advancements in AI technology. The core of the debate revolves around fundamental issues such as whether an AI system can be named as an inventor on a patent application and how to assess the inventive step when AI is significantly involved in the creation process.

The client alert outlines the key questions posed by the BPTO in its consultation. These questions are designed to explore the nuances of AI's role in innovation, from being a mere tool used by a human inventor to potentially acting as an autonomous creator. The BPTO is seeking guidance on how to define "human intervention" in the context of AI-assisted inventions and what criteria should be used to determine patent eligibility. The outcome of this public consultation is expected to heavily influence the development of new guidelines or the amendment of existing patent laws in Brazil. This initiative places Brazil among a growing number of countries actively working to create a clear and predictable legal environment for AI-related innovations, which is essential for fostering investment and technological progress in the field.