UK Court Of Appeal Rules AI Cannot Be Patent Inventor

On September 21, 2021, the England and Wales Court of Appeal (the Court) released its decision in Thaler v Comptroller General of Patents Trade Marks And Designs, [2021] EWCA Civ 1374, with a 2-1 majority holding that an AI machine cannot qualify as an inventor under UK patent law.

In 2019, the UK Intellectual Property Office (UKIPO) deemed two patent applications designating AI machine “DABUS” as the inventor to be withdrawn. The UKIPO maintained that the statement of inventorship form did not satisfy section 13(2) of the Patents Act 1977 (the Act)

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