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19 August 2026

Committee Advances Bill On Patent Ownership Of AI-Assisted Inventions

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Brazil's Committee on Industry, Commerce, and Services has issued a favorable opinion on legislation addressing patent ownership for AI-assisted inventions. The proposed amendment to the Brazilian Patent Statute would establish that patent rights for inventions developed with artificial intelligence assistance belong to the individual or legal entity providing the economic or technical means for development, while maintaining that AI systems themselves cannot hold patent rights due to lack of legal personho
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On August 11, 2026, the Committee on Industry, Commerce, and Services (CICS) of the Brazilian House of Representatives issued a favorable opinion on Bill #303/2024 and related Bill #3,936/2024, both of which address the ownership of inventions developed with the assistance of artificial intelligence systems. The opinion recommends approval of the bills through a substitute text proposed by Representative Adriana Ventura.

Bill # 303/2024 was originally drafted to amend Article 6 of Statute #9,279/1996 (the Brazilian Patent Statute) and allow artificial intelligence systems to be recognized as inventors and patent owners. The related Bill #3,936/2024 took a different approach to inventions developed with AI assistance, proposing disclosure requirements regarding the degree of AI participation in the inventive process and specific rules for the resulting patents.

Representative Ventura concluded that artificial intelligence systems cannot hold patent rights under Brazilian law because they lack legal personhood. The report also notes that mechanisms reducing the term of protection of AI-assisted inventions could conflict with Brazil’s international obligations under intellectual property treaties.

The substitute text proposes adding a new paragraph to Article 6 of the Brazilian Patent Statute establishing that, where an invention or utility model is developed with the assistance of an artificial intelligence system, the right to obtain a patent shall belong to the individual or legal entity responsible for organizing and providing the economic or technical means necessary for its development.

The proposal also allows for the identification of human co-authors who made inventive contributions. The proposal also removes any requirement that applicants classify or disclose the extent of AI participation in the inventive process. According to the report, such obligations could create unnecessary administrative burdens and legal uncertainty for innovators and patent applicants.

If approved in the subsequent stages of the legislative process, the amendment would provide express statutory guidance regarding ownership of inventions developed with AI assistance, while maintaining the current understanding that patent rights remain vested in natural or legal persons rather than in artificial intelligence systems.

The original Portuguese bill is available here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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