Patenting AI-devised inventions: a look at the approach being taken in the UK and globally

Patenting AI-devised inventions: a look at the approach being taken in the UK and globally

Patent applications are pending around the world for inventions said to be devised by DABUS, an artificial intelligence (AI) “creativity machine” built by Dr. Stephen Thaler. Existing legal frameworks tend to not accept the notion that an AI (alone) can invent – these patent applications are routinely being denied.
 
Two key factors are standing in the way: first, whether the AI machine (DABUS) itself qualifies as an “inventor”; and, second, whether Dr. Thaler owns the rights in any invention deriving from DABUS.
 
The struggle is playing out in multiple jurisdictions and it is by no means clear that these outcomes will be applied consistently the world over. The US and UK currently seem set to deny patents from DABUS, while Australia and South Africa appear more positive. However, we’re still at an early stage with these legal challenges, and others elsewhere, and it remains to be seen how the struggle will develop.
 
We’ve partnered with LexisNexis – a global leader in providing news, insights and analysis to thousands of lawyers and legal experts – to provide a digest of the approach being taken in the UK and globally. Read more in our article co-authored by Alex Korenberg and James Snaith.
 

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