UK Court Denied AI Dabus Patent

The United Kingdom's highest court has rejected an appeal from computer scientist Dr. Stephen Thaler, aiming to have his AI model, DABUS, acknowledged as the inventor of two patented products.

DABUS Patents and Legal Battle

On 20 December, the court delivered a unanimous decision, supported by earlier rulings from the UK Court of Appeal and UK High Court.

The decision emphasised that a "natural person" must be attributed as the inventor, dismissing Thaler's attempt to credit DABUS.

Thaler initially filed patents in October 2018, seeking recognition for a food container and a flashing light beacon.

However, the UK Intellectual Property Office rejected his claims in August 2019.

The central issue was Thaler's refusal to list himself as the inventor, asserting that he only invented DABUS, which subsequently generated the patented products autonomously.

The lower UK courts, relying on the Patent Act 1977, consistently rejected Thaler's argument.

The Court of Appeals, in September 2021, stressed that patent rights cannot be granted to machines:

"Only a person can have rights. A machine cannot. A patent is a statutory right and it can only be granted to a person."

Supreme Court Clarification and Global Efforts

Despite the rejections, the UK Supreme Court clarified that its decision doesn't establish a precedent for future cases.

It emphasised that the ruling doesn't introduce new grounds for refusing patent applications or impose additional requirements for patentability.

Dr. Thaler's efforts extended beyond the UK, attempting to patent DABUS in the United States, Europe, Australia, New Zealand, and South Africa.

However, all jurisdictions, except South Africa, rejected the claims.

South Africa approved DABUS in July 2021, marking an exception to the global trend.

The case underscores the current legal perspective that machines, including AI models, cannot hold inventor status or patent rights.