Breaking: AI can’t invent, UK Supreme Court rules

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

Breaking: AI can’t invent, UK Supreme Court rules

SupremeCourt.jpg

The UK Supreme Court has ruled that only people can be named as inventors on patent applications in a defeat for the legal team behind the DABUS case

The UK Supreme Court has today ruled unanimously that only people, and not artificial intelligence tools, can be inventors under UK patent law.

The keenly awaited decision is a final defeat for the legal team behind the so-called DABUS case that sought to establish an AI tool as the inventor of a food storage system.

Stephen Thaler, a computer scientist who developed the DABUS system, applied for two patents for food storage systems that he said were autonomously created by the AI tool.

The UKIPO rejected the applications on the basis that UK law requires a natural person to be named as an inventor.

Thaler and his legal team, led by Ryan Abbott, appealed the decision through the courts, culminating in today’s ruling.

The England and Wales Court of Appeal upheld earlier decisions by the UKIPO and England and Wales High Court in September 2021.

A dissenting opinion from influential IP judge Lord Justice Colin Birss at the Court of Appeal gave hope to supporters of AI inventorship.

Birss said Thaler had fulfilled his obligations under the Patent Act by identifying who he believed to be the inventor and that the patents should be allowed.

But the Supreme Court was unequivocal.

“We conclude an inventor must be a natural person,” said Lord Justice David Kitchin, reading the judgment on behalf of the court.

“Only a person can devise an invention … parliament did not contemplate the possibility that a machine, acting on its own and powered by AI, can be an inventor.”

This was Kitchin’s final judgment for the Supreme Court after he formally retired in September.

A full analysis of the decision will follow on Managing IP later this week.

more from across site and SHARED ros bottom lb

More from across our site

Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Lawyers eagerly await news of what IP specialist Sir Colin Birss will bring to one of the England and Wales judiciary’s most important roles
María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
As competing firms come under common ownership, clients may care less about formal conflicts and more about how openly firms discuss them
Facing increased lateral movement and in-house competition, firms are investing in flexible billing hours and tailored career progression to improve associate retention
As the US reflects on 250 years of independence, patent lawyers say innovation is reshaping old hiring priorities, with firms seeking broader IP expertise over specialisation
Gift this article