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

Despite a broader slowdown in US IP partner hiring in 2025, litigation demand drove aggressive lateral expansion at select firms
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
News of White & Case asking its London staff to work from the office four days a week and a loss for Canva at the Delhi High Court were also among the top talking points
With boutiques offering an attractive alternative to larger firms, former Gilbert’s partner Nisha Anand says her new firm will be built on tech-smart practitioners, flexible fees, and specialised expertise
IP specialists Jonathan Moss and Jessie Bowhill, who worked on cases concerning bitcoin, Ed Sheeran, and the Getty v Stability AI dispute, received the KC nod
Hannah Brown, an active AIPPI member, argues that DEI commitments must be backed up with actions, not just words
A ruling in the Kodak v Fujifilm dispute and a win for Google were among the major recent developments
Nick Aries and Elizabeth Louca at Bird & Bird unpick the legal questions raised by a very public social media spat concerning the ‘Brooklyn Beckham’ trademark
Michael Conway, who joined Birketts after nearly two decades at an IP boutique, says he was intrigued by the challenge of joining a general practice firm
The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
Gift this article