AI cannot be named as an 'inventor,' top UK court says in patent dispute

Dec 23, 2023 ·

A top UK court has ruled that Artificial Intelligence (AI) cannot be named as an inventor in patent disputes. The decision was made after a dispute between two British companies, Unilever and Nestle over the ownership of a new AI-enabled machine learning technology. The ruling has set a precedent for the world with legal implications for patents and inventors.

Unilever had applied for a patent for its new technology, which used AI algorithms to automatically detect objects within images. Nestle disputed the patent, arguing that since the invention was created by a computer program, it should not be able to receive legal protection. The court agreed and stated that "a machine or computer program can only be considered an inventor if it is capable of having intellectual thoughts".

The ruling serves as a warning to inventors who use AI to create new technologies. It means that the technology does not automatically qualify for legal protection, and the inventor must prove that the AI was responsible for the creation. This could potentially make it more difficult to protect inventions that rely on AI algorithms.

At the same time, the ruling may provide some clarity around the issue of authorship when it comes to inventions created using AI. It could help to ensure that inventors who create new technologies are not overlooked when it comes to receiving patent protection.

The decision highlights the need for greater clarity and understanding when it comes to the legal implications of AI-enabled technologies. It also raises questions about how to determine if an AI is capable of having intellectual thoughts and ideas and whether this will be sufficient for legal protection. As the technology continues to evolve, more detailed regulations and laws may be needed to ensure that inventors are given proper recognition for their work.