In a hotly awaited decision, the English Court of Appeal has
ruled that AI-based machines cannot be named as inventors,
upholding the original decision of the High Court and Comptroller
general.
Dr Stephen Thaler has become well known in the intellectual
property field ever since filing patent applications for two
inventions: one entitled "Food Container" (GB18116909.4)
and the other entitled "Devices and Methods of Attracting
Enhanced Attention" (GB181816.0). However, despite its
title, it is not the subject matter of the invention that has been
attracting attention, but the named inventor: 'DABUS', an
AI machine owned by Dr Thaler.
Dr Thaler's applications were first rejected by the UK IPO
Comptroller on the grounds that DABUS is not a person as envisaged
by sections 7 and 13 of the Patents Act 1977. The High Court
also dismissed his appeal ([2020] EWHC 2412). Dr Thaler
subsequently appealed to the Court of Appeal, which addressed three
questions:
