Artificial Intelligence can now be an Inventor: Where to from Here?

On 30 July 2021, the Federal Court of Australia decided that AI systems can be inventors. In a word-first determination of Thaler v Commissioner of Patents,{[2021] FCA 879, (‘Thaler’)}, the Honourable Justice Beach found that AI systems can be the inventors on a patent application under Australian patent law.

The decision has been appealed to the Full Bench of the Federal Court, which may decide to overrule it. For now, however, the decision is binding in Australia. Read on to find out what a patent is and an overview of the decision. We also chat with Ryan Abbott, one of the patent attorneys behind the Artificial Inventor Project, to discuss ‘Where to From Here?’.

What is a Patent?

Before we get into the Thaler case, let’s discuss what a patent is and what is used for. A patent is a ‘legally enforceable right for a device, substance, method or process’. For an application to be successful, the invention must be ‘new, useful and inventive or innovative’.{IP Australia}

The key benefit of a patent is an exclusive commercial right to the invention. This gives the patent owner the right to stop others from exploiting their invention without their permission. Patents encourage innovation, research and development in Australia.
Find out more about patents here.

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