The UK Supreme Court has ruled that artificial intelligence (AI) cannot be recognized as an inventor when seeking patents. The decision came in response to a petition from Stephen Thaler, the founder of the AI system DABUS, who sought to name the AI as the inventor of a food container and a flashing light beacon.
The court unanimously rejected the petition, aligning with a similar decision in the United States where Thaler lost an appeal with the US Patent and Trademark Office. The US Supreme Court declined to hear the case.
The UK Intellectual Property Office (IPO) had previously rejected Thaler’s request, stating that inventors must be human or a legal entity. The Supreme Court’s judgment emphasized that the decision was based on the absence of a legal framework that designates a machine as a creator.
AI Cannot be considered an inventor, according to the Supreme Court in the UK.
Judge David Kitchin noted that the case involved concepts for new and non-obvious devices and methods generated autonomously by DABUS.
The UK IPO acknowledged that the Thaler case raises valid questions about how to handle AI-generated material. This issue is not unique to the UK, as the United States is also grappling with similar questions about the legal protection of art or other materials created by AI systems.
The Supreme Court’s ruling underscores the current legal understanding that patents and inventions are concepts designed for human or corporate entities, and AI lacks the legal recognition as an inventor.
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