UK Supreme Court set for DABUS appeal

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

The tie-up will add around 10 US-based partners to Herbert Smith Freehills’ IP offering
Colleen Tracy James, who joined as co-chair of the life sciences patent litigation group a little over a year ago, reveals her thoughts on hiring associates and AI
OpenAI's latest arguments at the Delhi High Court and a victory for Under Armour were also among the top talking points this week
Andrea Stone explains how her in-house experience gives her a unique perspective, and why Ballard Spahr’s combination with Lane Powell made it an ideal time to join
The pair had been fighting in multiple jurisdictions but have agreed to settle all litigation
Law firms may try to relate PTAB briefs to broader economic concerns in response to the USPTO’s latest guidance
IP Inclusive’s 10-year celebration provides reasons to be positive in the face of troubling attacks against DEI initiatives
Microsoft allegedly uses the HEVC technology in a range of products and offers an extension as an add-on
A group of five lawyers who joined Cleary Gottlieb say they want to help expand the firm’s IP litigation practice
As we build up to another busy year for the IP STARS rankings and our Managing IP Awards, we assess some of the major IP firms and trends in Germany
Gift this article