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 2024

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 ros bottom lb

More from across our site

AA Thornton and Venner Shipley’s combination creates a new kid on the block, but one which could rival the major UPC players
Amit Aswal explains why you should take on challenges early in your career and why the IP community is a strong, trustworthy network
Five members of Qantm’s leadership team, including its new managing director, discuss how the business is operating under private equity ownership and reveal expansion plans
In our latest UPC update, we examine an important decision concerning the withdrawal of opt-outs, a significant victory for Edwards, and the launch of a new Hamburg-based IP firm
The combined firm, which will operate under the Venner Shipley name and have 46 partners, will go live in December
Vidal, who recently announced her departure from the USPTO, said she decided to rejoin the firm because of its team and culture
Osborne Clarke said John Linneker’s experience, including acting for SkyKick in the seminal dispute with Sky, will be a huge asset to the firm
Fieldfisher led arguments in court before Kirkland & Ellis took over shortly after SkyKick was acquired, it was revealed last week
Lawyers at Finnegan and Fross Zelnick explain why privacy formed a natural extension of their firms’ IP practices and share expansion plans
The news that USPTO director Kathi Vidal is to step down early and WIPO’s aims for a design law treaty were among the biggest IP talking points this week
Gift this article