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

A settlement involving Disney and another ruling concerning a lawyer’s request for access to documents were also among the big developments
Merchant & Gould's managing partner explains why the firm launched a Boston office and why it brought on board a local boutique
The model covers court-guided settlements, submissions-led determination of infringement and validity issues, and provides leeway for the court to determine a FRAND rate during negotiations
Tie up between Belgium-based firms will create an outfit with almost 30 UPC representatives, and a tier one-ranked patent disputes team
Blank Rome’s launch in West Palm Beach, marked by the arrival of two IP partners, comes in response to rising demands from technology clients
Abion says it has brought on board Matt Serlin as its first US hire to meet client demand for ‘full circle’ trademark and domain name services
News of Health Hoglund joining Sisvel and the Delhi High Court staying a $2.2 million decree in favour of Philips were also among the top talking points
The firm is continuing its aggressive IP hiring streak with the addition of partner Matthew Rizzolo
Pantech counsel Shogo Matsunaga speaks exclusively to Managing IP about how his team proved Google’s unwillingness, and ultimately secured a landmark SEP settlement
New partners, including the firm’s first female head of a department, are eyeing a deeper focus on client understanding
Gift this article