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ARTICLE · 25 OCTOBER 2021

Recent Wins For DABUS – Patenting In An Era Of Artificial Intelligence

Oyen Wiggs Green & Mutala
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These filings have spurred meaningful discussion about AI-related inventorship and ownership.

CanadaIntellectual Property
Jayde Wood
Jayde Wood
Jennifer A. Marles
Jennifer A. Marles
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DABUS, short for Device for the Autonomous Bootstrapping of Unified Sentience, is an artificial intelligence ("AI") machine that can invent and generate new ideas without any human input. DABUS is a form of neurocomputing and in some sense, DABUS may be said to mimic aspects of human brain function. DABUS and its creator Dr. Stephen Thaler have garnered worldwide attention when patent applications naming DABUS as the sole inventor were filed with the World Intellectual Property Organization ("WIPO") and several national patent offices. These filings have spurred meaningful discussion about AI-related inventorship and ownership. Recently, the Federal Court of Australia held in Thaler v Commissioner of Patents [2021] FCA 879 that an AI machine, such as DABUS, can be a patent inventor, citing the potential value of AI in pharmaceutical research, including the use of AI in high-throughput drug screening, drug repurposing, and vaccine development.

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