AI machines cannot be inventors under the UK Patents Act (Thaler v Comptroller-General)

Article summary

IP analysis: This appeal to the Supreme Court concerned two UK patent applications filed by the appellant Dr Thaler. Dr Thaler had listed an artificial intelligence (AI) machine he owned called DABUS as the inventor when making the patent applications. The court was asked to determine three principal issues: (i) does the term ‘inventor’ for the purposes of the Patents Act 1977 (PA 1977) extend to AI machines; (ii) will the owner of an AI machine be the owner of any invention devised by it; and (iii) was the Hearing Officer for the Comptroller entitled to hold that the two patent applications would be taken to be withdrawn. The Supreme Court held, dismissing the appeal, that DABUS was not an inventor for the purposes of PA 1977, ss 7 and 13 and Dr Thaler did not derive the right to secure the grant of the patents to himself by reason of his ownership of DABUS. Accordingly, the Comptroller was...