Artificial Intelligence or Artificial Inventor? The Curious Case of Dr Thaler and Dabus

In today’s world, artificial intelligence (AI) plays an increasingly vital role in various aspects of our lives, from assisting us with daily tasks to revolutionizing industries. Whether it’s using voice recognition for convenience or employing AI-driven algorithms for complex decisionmaking processes, the impact of AI is undeniable. However, alongside its benefits, the rise of AI also raises significant questions and challenges, particularly in intellectual property.

Many businesses have enthusiastically embraced AI as part of their day-to-day operations, but the general reaction has been mixed. While for the most part the adoption of AI has had a positive impact by increasing innovation and efficiency across all industries, critics say this comes at the cost of mass retrenchments and unemployment, the loss of the “human touch” in work processes and decision-making, and an overdependence on AI resulting in decreased critical thinking, knowledge sharing, and professional skills.

Within the realm of intellectual property, artificial intelligence presents its own set of exciting advantages and opportunities – as well as challenges and issues that only a decade or two ago would have been unthinkable. For example, there are practical and ethical concerns on whether AI could usurp ownership of creative works, something that was previously the exclusive domain of flesh-and-blood authors and artists.

The Intriguing Case of Dr. Thaler and DABUS

Recent legal battles, such as the case of Dr. Stephen Thaler versus the United Kingdom Intellectual Property Office (UKIPO), shed light on the complex intersection of AI and inventorship. In late 2018, Dr. Thaler submitted patent applications for inventions created by an AI system named DABUS. Despite Dr. Thaler’s assertion that DABUS should be credited as the inventor, the UKIPO rejected the applications, arguing that only natural persons could be recognized as inventors under the law.

The landmark decision in Thaler v Comptroller-General of Patents, Designs and Trade
Marks [2023] UKSC 49 has determined that AI cannot be considered an inventor under the law.
Source: Tim Reckmann

The legal saga unfolded through multiple appeals, culminating in a landmark decision by the Supreme Court of the United Kingdom in December 2023. The Court reaffirmed that the concept of “inventor” under patent law refers exclusively to natural persons, not AI systems like DABUS. Additionally, the Court clarified that Dr. Thaler had no legal basis to claim ownership of the inventions created by DABUS, as the doctrine of accession did not apply to autonomously generated innovations. Finally, the Court ruled that the Hearing Officer was therefore justified in deeming that the applications were withdrawn for not complying with formalities.

This ruling, which aligns with similar decisions in other jurisdictions, underscores the current limitations of patent law in recognizing AI as inventors. While the Supreme Court left room for future interpretations, the practical implications of granting AI inventorship rights raise complex questions about legal personhood, ownership, and accountability.

In Malaysia, as in many other jurisdictions, the definition of “inventor” implies human agency, posing similar challenges to recognizing AI as inventors under current patent laws. While the legal landscape may evolve with advancements in technology, for now, the precedent set by cases like Thaler v

Comptroller-General of Patents, Designs and Trade Marks establishes that only natural persons can be recognized as inventors.

In conclusion

As the debate continues, stakeholders need to stay informed about developments in patent law and seek guidance from legal professionals when navigating the complexities of AI innovation and intellectual property rights. If you’re curious to learn more about patent rights in Malaysia or intend to file a patent application for your invention, feel free to chat with our dedicated professionals at intellect. We’re here to assist you!