It's Just Human Nature: AI Cannot Be A Patent Inventor In Australia

The Full Federal Court has ruled that only a natural person can be an inventor under the Patents Act 1990.

In July 2021, a single judge of the Federal Court ruled that an artificial intelligence system can be an 'inventor' for the purposes of the Patents Act (see our earlier article on this decision here). In a unanimous decision of a five-judge appeal panel, the Full Federal Court has overturned the decision.¹ This case also raises important questions about the respective roles of the Court and the legislature in modernising the patent landscape in response to novel technologies such as AI.

KEY TAKEAWAYS

• The 'inventor' listed in an application for a patent under the Patents Act must be a natural person.