Who is an inventor – an AI-System?
The inventor is the person who is the author of the claimed invention, i.e. who has recognized the idea of the invention and developed it in creative activity into an instruction for technical action.
The share of individual inventors must be determined by the inventors themselves. For example, depending on the contributions to the different embodiments and/or the different claims.
Therefore, no guidelines exist.
Public information is available here: https://en.wikipedia.org/wiki/Inventor_(patent)
In the following are some statements of the case law that also might help:
- If several persons have collaborated in connection with the creation of an invention, a co-inventor is anyone who has made a creative contribution to the invention.
- A mere constructive assistance in the realization of the invention is insufficient to establish the status of a co-inventor. The same holds for a contribution which did not influence the overall success or for a contribution which was created on the instructions of an inventor or a third party.
- It depends on whether the individual contribution has influenced the overall inventive performance, i.e. whether it is significant with respect to the solution according to the invention.
- Whether, in the case of participation of several persons, a co-inventorship of a patent is to be granted to someone and how high the share of the co-inventorship should be depends on the contribution of the individual co-inventor to the invention. For this purpose, the invention, i.e. the content of the given technical teaching, has to be determined, then the individual contributions of the co-inventors have to be ascertained and finally their weight has to be weighed in relation to each other and to the overall inventive achievement.
- An inventive contribution (co-inventor share) of less than 10% should not occur and is also rather unrealistic, according to the German Arbitration Board.
- If several inventors have made an invention, they shall be entitled to the patent jointly. The law does not regulate when a joint invention is to be assumed, i.e. how inventive and non-inventive contributions are to be distinguished from each other and how the contributions are to be weighted against each other.