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ARTICLE · 07 OCTOBER 2021

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The future of artificial intelligence in Australia - Can AI invent software?

Holman Webb
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There is a need and demand for patent law reform to allow for the advancement of artificial intelligence in Australia.

AustraliaIntellectual Property
Tal Williams
Tal Williams
Edita Grinbergs
Edita Grinbergs
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The Commissioner of Patents will appeal the Australian Federal Court's recent decision in Thaler v Commissioner of Patents [2021] FCA 879, to allow machines to be recognised as inventors on a patent application, on the basis that the decision is 'incompatible' with Australian patent law.

University of Surrey Professor Ryan Abbott commenced more than a dozen patent applications internationally on behalf of Dr Stephen Thaler, seeking to have Dr Thaler's Artificial Intelligence (AI) device known as DABUS recognised as an inventor. They argued that DABUS can autonomously perform the 'inventive step' required to be eligible for a patent.

Dr Thaler's case tests the boundaries of the patent system by moving from encouraging people to invent things, to encouraging people to build Artificial Intelligence that can invent things.

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