ARTICLE
9 December 2021

AI As A Patent Inventor—An Update From South Africa And Australia

MF
Morrison & Foerster LLP
Contributor
Known for providing cutting-edge legal advice on matters that are redefining industries, Morrison & Foerster has 17 offices located in the United States, Asia, and Europe. Our clients include Fortune 100 companies, leading tech and life sciences companies, and some of the largest financial institutions. We also represent investment funds and startups.
Alistair Maughan, Anna Yuan, and Georgia Wright authored an article for The Journal of Robotics, Artificial Intelligence & Law discussing South Africa and Australia not following
United States Intellectual Property
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Alistair Maughan, Anna Yuan, and Georgia Wright authored an article for The Journal of Robotics, Artificial Intelligence & Law discussing South Africa and Australia not following suit with the European Patent Office's ruling that artificial intelligence (AI) systems cannot be listed as inventors on patent applications.

"The 'Artificial Inventor Project,' an international group of patent attorneys, filed patent applications directed to inventions that were supposedly 'invented' by DABUS, an AI system developed by Dr. Stephen Thaler," the authors wrote. "The applications are directed to a light emitting device that could be used as an emergency signal beacon and a food container device."

According to the authors, "a patent application was granted in South Africa by the Companies and Intellectual Property Commission, listing DABUS as the inventor and Dr. Thaler as the owner of the patent," while the Australian court reasoned that "the ordinary meaning of 'inventor' does not preclude non-humans."

Read the  full article.

Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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ARTICLE
9 December 2021

AI As A Patent Inventor—An Update From South Africa And Australia

United States Intellectual Property
Contributor
Known for providing cutting-edge legal advice on matters that are redefining industries, Morrison & Foerster has 17 offices located in the United States, Asia, and Europe. Our clients include Fortune 100 companies, leading tech and life sciences companies, and some of the largest financial institutions. We also represent investment funds and startups.
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