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ARTICLE · 08 FEBRUARY 2024

Bell Tolls For Dabus Machine In The UK

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The Supreme Court of the United Kingdom handed down its judgment on whether a machine (Dabus) powered by artificial intelligence (AI) may be an inventor...

GlobalIntellectual Property

The Supreme Court of the United Kingdom handed down its judgment on whether a machine (Dabus) powered by artificial intelligence (AI) may be an inventor in terms of the UK Patents Act. The Court was asked to consider two patent applications filed by Dr Stephen Thaler who maintains that the inventions were created autonomously by Dabus and that he, as the owner of the machine, is the owner of the invention. This was rejected by the British Comptroller-General of Patents, which decision was then further appealed in two lower Courts, finally ending at the Supreme Court.

In reaching its decision the Supreme Court relied on two substantive points. First, it considered the scope and meaning of an "inventor" in terms of the UK Patents Act and determined that an inventor must be a natural person. Secondly, whether Dr Thaler was nonetheless entitled to be an applicant if the inventor cannot be an AI powered machine. Dr Thaler argued that as the owner and controller of the AI

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