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AI cannot be patent 'inventor', UK Supreme Court rules in landmark case

Dec 20, 2023 - uk.fashionnetwork.com
A U.S. computer scientist, Stephen Thaler, has lost his appeal in the UK Supreme Court to register patents for inventions created by his artificial intelligence (AI) system, DABUS. The court upheld the UK Intellectual Property Office's decision that an inventor must be a human or a company, not a machine. Thaler's lawyers argued that the ruling shows UK patent law is unsuitable for protecting inventions autonomously generated by AI machines.

The decision follows similar rulings in the U.S., Europe, and Australia, reinforcing the requirement for inventors to be a natural person. However, the judgment does not prevent a person using an AI to devise an invention from applying for a patent, provided that person is identified as the inventor. The UK government has indicated it will keep this area of law under review.

Key takeaways:

  • A U.S. computer scientist, Stephen Thaler, lost his bid to register patents for inventions created by his artificial intelligence system, DABUS, in a landmark case in Britain.
  • The UK's Supreme Court unanimously rejected Thaler's appeal, stating that under UK patent law, an inventor must be a natural person.
  • Thaler's lawyers stated that the ruling shows that UK patent law is currently unsuitable for protecting inventions generated autonomously by AI machines.
  • The ruling follows similar decisions by courts in Europe, Australia, and the U.S., providing certainty that inventors must be a natural person, but does not preclude a person using an AI to devise an invention.
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