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ARTICLE · 19 APRIL 2021

Patentability of AI-generated inventions in Australia

Corrs Chambers Westgarth
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The growing intersection between AI and intellectual property raises issues for organisations protecting their inventions.

AustraliaIntellectual Property
Frances Wheelahan
Frances Wheelahan
Suman Reddy
Suman Reddy
David Fixler
David Fixler
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The use of artificial intelligence (AI) has exploded rapidly in the last decade, particularly with respect to product development and data analytics.

In a recent test of Australia's patent system, IP Australia decided that a patent cannot be granted where an AI system is identified as the inventor on the basis that it is not possible to identify the patentee for the purposes of section 15(1) of the Patents Act 1990 (Cth) (Patents Act).

While the decision is consistent with patent office decisions in other jurisdictions, it may be problematic since it has the potential to disrupt investment and stifle innovation due to the uncertainty about which, if any, intellectual property rights subsist in technology created by AI systems.

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