The UK Court of Appeal has ruled that artificial intelligence (AI) cannot invent new patents.

• ByManjeet Singh     |    September 27, 2021

The UK is the latest entry to the list of countries that say that artificial intelligence can’t be legally credited as an inventor. Stephen Thaler, the developer of a system called Dabus who attempted to get patents for his system, has lost his appeal to the UK’s Intellectual Property Office (IPO). The same case, however, was lost by Mr Thaler in the U.S although he gained victory elsewhere.

A 2-1 split decision by the Court of Appeal found that subsection (a) of section 13(2) of the Act requires an individual to be identified, and Dr Thaler didn’t do this because Dabus is not a person. According to Lord Justice Birss, the requirement for a statement to be filed in accordance with Section 13(2)(a) is merely a way to identify the inventor. As Lord Justice Birss noted, Dr Thaler met this requirement by filing a statement indicating “no person” is the inventor.

The law around inventions is outdated and the decision thus has received mixed responses from academics.

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