The world's first patent for an AI-generated invention could have implications for intellectual property law

The world's first patent for an AI-generated invention could have implications for intellectual property law

Intellectual property (IP) officials in South Africa have made history with the groundbreaking decision to grant a patent naming an artificial intelligence (AI) as the inventor.

Ryan Abbott, Professor of Law and Health Sciences, University of Surrey. Photo credit: University of Surrey

The patent, filed by an international team of lawyers and researchers led by Ryan Abbott, professor of law and health sciences at the University of Surrey, covers a food container based on fractal geometry. This container was designed and created by an AI called DABUS (“Uniform Sensation Autonomous Bootstrapping Device”).

Historically, an “inventor” of a patent had to be a human, although ownership of that patent was usually given to the company that employed the inventor. While patent law in many jurisdictions defines an inventor very specifically, the DABUS team argues that the status quo is not fit for purpose in the fourth industrial revolution.

As AI plays an increasingly larger role in shaping ideas, the DABUS case could have significant implications for intellectual property law. The DABUS team handles similar cases through the UK, European, US and other court systems.

Earlier this year, the President of the European Patent Office, António Campinos, intervened in the European case, saying it was “of great importance and general interest”.

Professor Adrian Hilton, director of the Institute for People-Centred AI at the University of Surrey, said: “This is a truly historic case that recognizes the need to change the way we attribute inventions.” We are moving from an age where inventions were the preserve of humans to an age where machines are able to realize the inventive step and unlock the potential of AI-generated inventions for the benefit of society.”

The University of Surrey's law school has taken a leading role in addressing important philosophical questions, such as whether innovation can only be a human phenomenon and what happens legally when AI behaves like a human. We are pleased that our staff and students are at the forefront of these very important debates and are now becoming a reality.”

Adrian Hilton, Professor, University of Surrey

The potential of AI invention is recognized in the new innovation strategy recently announced by Economy Minister Kwasi Kwarteng on July 22, 2021. The new innovation strategy sets out plans to consolidate the UK's position as a world leader in science, research and innovation.

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