An AI system cannot be named as the inventor in a UK patent application – the inventor(s) must be human. Technical developments created by AI cannot be ‘inventions’.
South Africa has recognised AI as a potential inventor. Selin Sinem Erciyas and Zeynep Çağla Üstün of Gün + Partners consider how other jurisdictions have approached patent applications for two inventions by the DABUS system
Generative artificial intelligence, the technology engine powering the popular ChatGPT chatbot, seems to have a limitless bag of tricks. It can produce on command everything from recipes and vacation plans to computer code and molecules for new drugs. But can AI invent? Legal scholars, patent authorities and even Congress have been pondering that question. The people who answer “yes,” a small but growing number, are fighting a decidedly uphill battle in challenging the deep-seated belief that only a human can invent.
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