The rapid advancement of artificial intelligence (AI) has created new challenges for intellectual property regimes, particularly in the field of patent law. One of the most debated issues is whether AI systems can be legally recognized as inventors. The Swiss Federal Administrative Court recently addressed this matter by ruling that only natural persons may be identified as inventors in patent applications, thereby rejecting the notion of AI inventorship. This decision reflects a strict interpretation of existing legal frameworks, which historically link inventorship to human creativity and accountability. The ruling not only aligns with similar judicial outcomes in jurisdictions such as the United States, the United Kingdom, and the European Patent Office, but also reinforces the global tendency to prioritize human inventors over autonomous systems. This article analyzes the Swiss decision by examining its legal reasoning, its implications for international patent law, and its impact on innovation policy. The case highlights the tension between traditional legal concepts and technological realities, raising questions about how patent systems should evolve to accommodate AI-driven inventions. Ultimately, the Swiss ruling underscores the urgent need for international harmonization and legislative reform in addressing the role of AI within intellectual property law.
Nastasya et al. (Tue,) studied this question.
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