Can AI Be a Named Patent Inventor?
AI and Patent Inventorship
As artificial intelligence becomes more advanced, patent offices around the world are being forced to confront a fundamental question: can an AI system be recognized as an inventor? The answer, for now, depends largely on the jurisdiction in which a patent application is filed.
DABUS Applications Test Global Patent Systems — Dr. Stephen Thaler filed patent applications in multiple countries naming an AI system known as DABUS as the inventor. The applications, covering a food container and a light-emitting attention device, were submitted in the United States, United Kingdom, European Union, Germany, South Africa, and Australia, creating a coordinated test of how different patent systems define inventorship.
Most Jurisdictions Reject AI Inventorship Based on Statutory Definitions — The U.S., UK, EU, and Germany have all rejected the applications, relying on statutory language that defines an “inventor” as a natural or human person. In the United States, courts have further emphasized that patent law requires inventors to meet legal formalities, such as inventorship and assignment requirements, that AI systems cannot satisfy.
Limited Acceptance and Ongoing Review Abroad — South Africa has granted a patent listing DABUS as inventor, though the decision’s impact may be limited because the country does not conduct substantive patent examination or define “inventor” in its statutes. Australia remains a key jurisdiction to watch, as its courts have directed the patent office to examine the application on the merits, leaving open the possibility of future recognition of AI inventorship.
For more information, see our blog post Can Artificial Intelligence Be Named a Patent Inventor?
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This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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