Brazilian Congress member proposes

A bill regulating the ownership of inventions generated by AI systems

Brazilian Congress member proposes a bill regulating the ownership of inventions generated by AI systems

On February 20, 2024, a Brazilian Congress member proposed a bill (303/2024) that could potentially reshape intellectual property law in the era of AI. The bill aims to amend the Brazilian Industrial Property Law (LPI) to regulate the ownership of inventions generated by AI systems. 

Bill 303/2024 introduces a significant change to the LPI by adding paragraph 5 to article 6. This amendment could potentially revolutionize patent law by allowing AI systems to be recognized as "the inventor and holder of the rights" under patent law. 

The mentioned paragraph states: "In the case of inventions generated autonomously by an artificial intelligence system, the patent may be requested on behalf of the artificial intelligence system that created the invention, which is considered the inventor and holder of the rights inherent to the invention."

It's important to note that while the proposed bill takes the theoretical discussion regarding AI as an inventor to the political sphere, it does not provide a definitive solution. As AI systems lack legal capacity and rights under Brazilian law, amending the LPI will not provide a solution for the debate on whether AI systems should be named inventors on patents.

We will keep you informed about further developments in this matter in Brazil.

Dr. Karin Grau Kuntz
Lawyer, LL.M.
Dr. Tobias Popp
Patent Attorney, Licensed Pharmacist, Dr. rer. nat., M.Sc.