AI inventions in the UK

The Court of Appeal has handed down its decision in Thaler v Comptroller General of Patents. The case related to two patent applications which were refused by the UK IPO after Dr Thaler designated an artificial intelligence machine, DABUS, as the inventor. 

The appeal was dismissed by a 2-1 majority, with Lord Justice Birss and Lord Justice Arnold holding opposing views on the appeal. The decisions in the UK are in contrast to an appeal in Australia and a decision of the South African IPO to grant similar patents. 

The UK Government is due to consult further on the issue of protecting AI generated inventions later this year. The consultation promises to look at policy options including legislative change. 

There is therefore more to come on protecting AI inventions in the UK.