UK Supreme Court set for DABUS appeal

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

UK Supreme Court set for DABUS appeal

AI and human.jpeg

The UK’s top court will rule on whether the country’s patent law requires an inventor to be a human after an influential judge gave the DABUS team hope last year

The UK Supreme Court will hear a keenly awaited appeal over whether an artificial intelligence tool can be named as the inventor on a patent application tomorrow, March 2.

The hearing, which Managing IP will report live from, is the culmination of a legal campaign led by computer scientist Stephen Thaler and lawyer and academic Ryan Abbott.

Thaler and Abbott, who are part of an organisation called the Artificial Inventor Project, want the court to recognise the AI tool DABUS as the inventor of a patent covering a food storage system.

The project has filed patent applications in major jurisdictions naming DABUS, which was developed by Thaler, as the inventor.

Both the England and Wales High Court and Court of Appeal, as well as the UKIPO, said that UK patent law requires a natural person to be named as the inventor.

In its September 2021 judgment, the Court of Appeal voted 2-1 to reject the DABUS case.

But a dissenting opinion from the influential intellectual property judge Lord Justice Colin Birss gave a glimmer of hope to the DABUS case.

Birss said Thaler had met the requirements set out in the UK Patents Act 1977 by identifying whom he believed to be the inventor.

However, Birss did not comment more generally on whether the law should recognise machines as inventors.

An Australian judge did give a more explicit endorsement of the DABUS team’s position in a landmark Federal Court judgment issued in July 2021 but that finding was overturned last November.

Managing IP will attend the Supreme Court and report on the proceedings tomorrow.

more from across site and SHARED ros bottom lb

More from across our site

Data centres are being built across the US, prompting patent disputes, but Texas’s thriving tech industry and patent-ready courts make the state particularly ‘ripe’ for litigation
Carpmaels & Ransford is set to bolster its UK attorney team with the appointment of Simmons & Simmons’s head of IP in the UK
Updates on Nokia’s licensing strides and a surge in patent activity around battery recycling in Australia were also among the top talking points
To mark International Day Against Child Labour, Matteo Amerio at Corsearch says the people inside businesses who can identify counterfeiting risks must be given the tools and authority to act
With genuine equity at IP firms becoming rarer, securing partnership is harder than ever, but increased transparency is also making climbing the ladder more predictable
Yossi Sivan explains how Israeli judgment is a pro-brand owner departure from the norm and why it sends a strong message that corporate structures are not always a shield
Halim Shehadeh, group CEO of IP firm CWB, says that in the rush to discuss what AI can do, IP firms are overlooking the more important question of whether they are ready
Caitlin Heard, who formally joined the firm from CMS last month, says she is excited by the ‘energy’ of the London office
Ranjna Mehta-Dutt, who moved to Chadha & Chadha after 25 years at Remfry & Sagar, says the firm plans to expand its life sciences practice through targeted recruitment and dedicated teams for bigger clients
The initial contempt of court claim targeted Stobbs and the firm’s client for allegedly interfering with the administration of justice
Gift this article