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

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

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

Daniel Tarr explains why returning to his former firm could help him establish his personal brand, and predicts what’s on the horizon for AI litigation
A call to reinstate the European Commission's controversial SEP proposal and a trademark row involving Stanley cups were also among the top talking points
Susman Godfrey and Polsinelli secured victory for power systems manufacturer Vicor at the US International Trade Commission
Longi’s actions against JinkoSolar are the latest in a growing number of patent infringement disputes involving solar technology
Former solo practitioner Merlyne Jean-Louis explains why she moved to the newly formed Pierson Ferdinand, which operates as a virtual firm
With the India IP office headquarters moving from Mumbai to Delhi, forum shoppers and firms in the capital could benefit
David Stone, a highly influential figure at legacy firm Allen & Overy, has joined White & Case in what is a major move early in 2025
While business has been tough, foreign law firms with IP practices that have decided to stay put in China reveal why they are optimistic
Managing IP will host a ceremony in London on April 10 to reveal the winners of the EMEA Awards 2025
The Intellectual Property Judges' Association wrote to the European Commission just days before the proposals were shelved, it can be revealed
Gift this article