In the recent decision of Thaler v Commissioner of Patents [2021] FCA 879, Beach J rejected the Deputy Commissioner of Patents’ (DCP) determination that, due to the inventor being named as an artificial intelligence system (AI) rather than a human, a patent application did not comply with the Patents Regulations 1991 (Cth) (Regulations). [Read more…]
Artificial Intelligence
Can artificial intelligence be the inventor of a patent?
17 March 2021 by
The advent of artificial intelligence (AI) has raised some interesting legal issues. One such issue is whether the AI itself can be the ‘inventor’ of a patented invention in Australia. The recent decision of the Commissioner of Patents of Stephen L. Thaler [2021] APO 5 (Thaler) explores what it means to be an inventor. This was done to determine whether a “Device for the Autonomous Bootstrapping of Unified Sentience” (DABUS) – an artificial intelligence machine developed from what is known as “Creativity Machine” technology can be named as an inventor for the purpose of an Australian patent application. [Read more…]
