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    UK Top Court Rejects AI-Created Patents

    Dr. Stephen Thaler, a computer scientist, sought to submit two patent applications under his AI creation’s name.

    The apex court in the United Kingdom has dismissed an appeal by Dr. Stephen Thaler, aiming to attribute two patented products to his AI creation.

    In its verdict, the court emphasized that Dr. Thaler’s AI creation, DABUS, could not be acknowledged as the inventor behind a food container and a flashing light beacon.

    The unanimous December 20 decision aligned with earlier rulings by the UK Court of Appeal and the UK High Court.

    The court firmly established the requirement for a “natural person” to be associated with a patent. In dismissing Thaler’s appeal, the court clarified that DABUS lacks personhood.

    Thaler’s applications from October 2018 faced rejection by the UK Intellectual Property Office in August 2019. Subsequently, he pursued legal recourse to challenge the decision.

    The recurring setback was Thaler’s absence from the inventor’s list. He asserted his sole invention of DABUS, which, in turn, conceived the food container and flashing light without human assistance.

    The lower UK courts cited the Patent Act 1977 to refute Thaler’s assertion.

    The Court of Appeals, in September 2021, stated, “Only a person can have rights. A machine cannot. A patent is a statutory right and it can only be granted to a person.”

    Despite the dismissals, the UK Supreme Court clarified that the ruling doesn’t establish a precedent for future cases.

    The Supreme Court clarified, “This is not an additional requirement for patentability. Nor does it introduce new grounds for refusing patent applications.”

    Thaler’s attempts to patent DABUS globally saw rejections in the United States, Europe, Australia, and New Zealand. However, South Africa was an exception, approving DABUS in July 2021.

    Related article: OpenAI Fortifies AI Safety with Preparedness Framework

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