UK Supreme Court Dismisses Appeal to Recognize AI as Inventor of Patented Products
Summary:
The UK Supreme Court has denied Dr. Stephen Thaler's appeal to recognize his AI system, DABUS, as the inventor of two patented products. Lower courts ruled based on the Patent Act 1977, stating only a 'natural person' can hold patent rights. The denial doesn't set precedent for future cases, highlighting that an inventor must be a person under existing patent law. Thaler was also turned down in other jurisdictions, except South Africa.
The Supreme Court of the United Kingdom has declined the appeal of Dr. Stephen Thaler, a computer scientist who sought to have his artificial intelligence system, DABUS, recognized as the inventor of two patented innovations. The court, in its ruling, clarified that DABUS, an AI invention of Thaler's, wouldn't be acknowledged as the creator of a novel food container and a blinking light beacon. The Supreme Court affirmed the decisions of the Court of Appeal and the High Court on December 20, stating that a living human must make a patent claim.
In the U.K., an AI can't hold patent ownership. The Supreme Court underlined that an inventor must qualify as a person under the existing patent law. This verdict came about following Dr. Stephen Thaler's failed initiative to challenge the existing norms.
Thaler applied for two patents in October 2018, which were turned down by the U.K. Intellectual Property Office in August 2019. Thaler then sought to reverse the decision through court action. The constant stumbling block was that Thaler didn't name himself as the inventor. He contended that he simply created DABUS, which then independently produced the food container and the beacon light.
Lower courts in the U.K. used the Patent Act 1977 to dismiss Thaler's arguments. The Court of Appeals ruled in September 2021 that "a machine can't have privileges. A patent is a legal entitlement and it can only be held by a person."
Despite the Supreme Court's rejection, it stated that the current decision doesn't establish a pattern for future verdicts. Thus, the court highlighted that it wasn’t considering injecting any new patentability requirements or grounds for rejecting patent applications.
Thaler also endeavored to secure a patent for DABUS in the United States, Europe, Australia, New Zealand, and South Africa, but only received approval in South Africa in July 2021.
Published At
12/21/2023 3:04:22 AM
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