Share on LinkedInShare on LinkedIn

ARTICLE · 19 SEPTEMBER 2025

Robots Rejected: Canada Denies AI As Patent Inventor

Lenczner Slaght
Explore more from Lenczner Slaght

The wait is over – the Canadian Patent Appeal Board (the Board) has answered the question we've been tracking since 2022: can an artificial intelligence (AI) system be named as an inventor...

CanadaIntellectual Property
Jordana Sanft
Jordana Sanft
Jim Lepore
Jim Lepore
Catherine Blair
Catherine Blair
Author LinkedIn connections

The wait is over – the Canadian Patent Appeal Board (the Board) has answered the question we've been tracking since 2022: can an artificial intelligence (AI) system be named as an inventor on a Canadian patent application? That answer, delivered in Re Thaler, Stephen, is no.

By way of brief background, Dr. Stephen Thaler created an AI system known as "Device for the Autonomous Bootstrapping of Unified Sentience" (DABUS), which allegedly conceived two disparate yet novel products: a food container that enables rapid reheating and a flashing beacon for use during an emergency. Although DABUS itself is the subject of patent protection, Dr. Thaler sought to obtain patent protection over these two products in several countries, and expressly designated DABUS as the sole inventor. The filing documents identified no human contribution to conception.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

CIPO Issues Practice Notice On Redacting Postal Addresses And Removing Unrelated Documents From TDRS

The Canadian Intellectual Property Office has issued new guidance on when trademark applicants can redact postal addresses or remove documents from public records. Understanding these strict requirements and exceptional circumstances is crucial for protecting privacy while maintaining compliance with Canada's trademark registration transparency obligations.
CanadaIntellectual Property
Oyen Wiggs Green & Mutala
Oyen Wiggs Green & Mutala
Article

Patenting Innovation In Data Centres: Protecting Configurations, Cooling Technologies, And The Green Advantage

The rapid expansion of data centre infrastructure has made these facilities a focal point for technological innovation and intellectual property investment. From server configurations to advanced cooling systems, the technologies deployed inside data centres represent significant R&D expenditure and competitive advantages. Patent protection offers operators and developers opportunities to safeguard innovations...
GlobalIntellectual Property
Gowling WLG
Gowling WLG
Article

Fast-Tracking Your Patent Application In Canada: CIPO Expands The Key Technology Expedited Program

For Canadian innovators, the patenting process can seem unreasonably slow. In an effort to address this, the Canadian Intellectual Property Office (CIPO) created various procedures to expedite the examination process in Canada. Knowing which fast track options exist, when they make sense, and how to use them effectively can provide a significant commercial advantage.
CanadaIntellectual Property
Cassels
Cassels
Article

Canada's Top Court Is Considering Offering Mediation. Some Are Wondering: Why?

Interviewed by the National Post, Paul-Erik Veel shares his views on the Supreme Court of Canada's consideration of offering mediation services for cases it declines to hear. Chief Justice Richard Wagner mentioned the idea in a podcast, suggesting that mediation could help resolve disputes in cases that the court doesn't accept, particularly family law matters.
CanadaLitigation, Mediation & Arbitration
Lenczner Slaght
Lenczner Slaght