DABUS gets its reward

We have previously reported on the questions of policy raised as a result of the growth of artificial intelligence (A.I.) and the relationship it has with intellectual property law within the UK. However, a landmark decision in South Africa has taken a step forward in recognising A.I. as the inventor of a patent. Something which UK law does not recognise.

The patent was filed by Professor Ryan Abbott of Surrey University and his team, however the patent, which is for a food container based on fractal geometry was designed and created by an A.I named DABUS (“Device for the autonomous bootstrapping of unified sentience”). Abbott and his team have also filed a number of patents in the UK, E.U and the U.S.A. claiming DABUS to be the inventor. Contrary to the decision in South Africa, in 2020, the UKIPO and later upheld by the High Court, held that the patent cannot be granted as DABUS is not a natural person. The outcome was the same in the E.U and U.S.A. Abbott’s team have appealed the decisions.

Abbott and his team have claimed the current laws do not conform to the current times and could put investment into A.I. at risk. However, Abbott has praised the South African decision, stating that the outcome represents an understanding of the importance of encouraging people to make, develop and use A.I. to generate socially valuable innovation.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.