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Tanvi Shah

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Whether an AI system can be an inventor is a topical issue in patent law throughout the world. Our summary table of recent judgments in Australia, the UK and the US highlights the similarities and differences in how these jurisdictions have so far dealt with the issue. While a final resolution on AI inventorship is not expected for some time, the differing perspectives of the courts provide a useful study in the arguments for and…

The recent judgment of the High Court of England and Wales in the DABUS case ([2020] EWHC 2412 (Pat)) has made one thing abundantly clear. For now at least, an AI machine cannot be construed as an inventor within the meaning of the Patents Act 1977. However, this arguably raises more questions than it answers. Is it time, in light of the increased advent of AI in technological development, that this position is reviewed? The…