AI Law - International Review of Artificial Intelligence Law
G. Giappichelli Editore

18/05/2024 - Tokyo Court Rules AI-Generated Inventions Cannot Be Patented

argument: Decisioni/Decisions - Intellectual Property Law

According to an article in The Japan Times, a Tokyo court has ruled against granting patents to inventions created by artificial intelligence. This decision emerged from a legal dispute where the plaintiff, Ryan Abbott, a professor at the University of Surrey, sought to patent a device invented by an AI named DABUS, developed by Stephen Thaler. The case is part of a broader international discussion on AI regulation. The court decided that only human beings can be legally recognized as inventors under current Japanese patent laws.

The case began in 2021 when Abbott filed for a patent, listing DABUS as the inventor. DABUS, an AI system designed for autonomous invention, was argued to meet the criteria of an inventor despite not being a human. The court's ruling reflects ongoing global challenges in adapting intellectual property laws to technological advancements. The decision highlights the necessity for legislative updates to address the growing role of AI in innovation.