Jurisdiction(s):
United Kingdom

TMT legal update: DABUS inventorship ruling, Online Safety Act co-operation, DMCC plans, Automated Vehicles Bill, libel claims, ASA decisions, and EU AI/virtual worlds competition calls — 11 January 2024

Published on: 11 January 2024

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AI systems cannot be inventors under the UK Patents Act (Thaler v Comptroller-General). The appeal to the Supreme Court involved two UK patent applications submitted by the appellant, Dr Thaler. In those filings, he named an artificial intelligence (AI) system he owned, called DABUS, as the inventor. The court was required to decide three central questions: (i) whether the term ‘inventor’ in the Patents Act 1977 (PA 1977) encompasses AI systems; (ii) whether the owner of an AI system would own any invention created by it; and (iii) whether the Hearing Officer for the Comptroller was entitled to treat the two applications as having been withdrawn. The Supreme Court dismissed the appeal, holding that DABUS is not an inventor for the purposes of PA 1977, sections 7 and 13, and that Dr Thaler did not acquire the right to obtain the grant of the patents for himself merely by virtue of owning the machine, the court concluded and dismissed the appeal in its entirety...

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