"Allow Patent Rights for AI Too" What Is the UK Supreme Court's Ruling?

Lawsuit Filed by US Computer Scientist Dismissed
Similar Conclusions Reached in Several Other Countries

The UK Supreme Court has made a final ruling in the debate over whether artificial intelligence (AI) can own patent rights, stating that "AI cannot be a patent inventor."

According to major foreign media including Bloomberg on the 20th (local time), Steven Thaler, an American computer scientist, filed a lawsuit against the patent office, requesting a patent for an invention devised by the AI machine he designed, DABUS. However, the UK Supreme Court ultimately dismissed Thaler's claim.

The Supreme Court unanimously rejected Thaler's appeal, stating that under UK patent law, an "inventor" must be a "natural person." AI cannot be regarded as a legal entity equivalent to a human.

Thaler's side issued a statement saying, "This ruling may discourage the disclosure of inventions by AI," and pointed out, "This case shows how the current UK patent law fails to properly support the goal of making the UK a global hub for AI and data-driven innovation."

On the other hand, the patent office welcomed the Supreme Court's clear interpretation regarding patents on creative works.

However, the patent office acknowledged, "There are legitimate questions about how the patent system and intellectual property more broadly should handle (AI's) creations," adding, "The government will continue to review laws in this area to ensure that the UK patent system can support AI innovation and AI usage."

Earlier, in 2018, Thaler filed two patent applications for a food container and a flashing light, listing 'DABUS' instead of his own name as the inventor.

The patent office requested Thaler to amend the application on the grounds that "the inventor must be a person or a legal entity, not a machine," but Thaler did not comply. Ultimately, the patent office rejected Thaler's application, and Thaler filed a lawsuit against the patent office. However, both the first and second trials ruled in favor of the patent office, consistent with the Supreme Court's judgment.

Meanwhile, earlier this year, Thaler also lost a similar lawsuit in the United States. The US court dismissed the lawsuit filed against the US Patent and Trademark Office, which had refused to grant a patent for an invention created by an AI system. Thaler has filed similar lawsuits in several other countries, but courts in those countries have reached similar conclusions.