HomeLegal AdviceNo Patents for AI, UK Supreme Court Rules

No Patents for AI, UK Supreme Court Rules

In a significant development, the UK Supreme Court made a ruling barring AI from obtaining patents, underscoring that machines, including robots, cannot be recognised as inventors. This pivotal decision materialised in response to Stephen Thaler’s request to designate his AI creation, DABUS, as an inventor. Both the UK and the US rejected this plea. Thaler sought to register DABUS as the inventor of a food container and a flashing light in 2019, but the UK Intellectual Property Office rejected the application, citing the legal constraint that only humans or companies qualify as inventors.

The judge clarified that the absence of a legal provision explicitly designating machines as creators was pivotal to the decision. The UK Intellectual Property Office acknowledged the significance of Thaler’s case, recognising the need to address crucial questions surrounding the legal treatment of creations generated by AI. This issue is also under consideration in the US, where policymakers are deliberating on whether products generated by machines should be entitled to legal protection.

Rugmini Dinu