AI cannot be patent 'inventor', UK Supreme Court rules in landmark case

Dec 20, 2023 ·

The UK Supreme Court ruling in a landmark case has determined that Artificial Intelligence (AI) cannot be considered an inventor for the purpose of receiving a patent. The ruling came after a dispute between two companies, Unilever and Nestlé, over a patent to AI-generated flavor technology.

Unilever had argued that the AI system it developed to generate potential new flavors should be granted a patent. Nestlé sought to have the patent rejected, arguing that granting one would “undermine existing patent law” by allowing “inventions” made by machines rather than humans to receive a patent.

The Supreme Court agreed with Nestlé, ruling that only humans can be considered inventors. The court acknowledged that AI systems can be useful tools in manufacturing or designing products, but stressed that they can only be seen as aiding and abetting human inventors in the process.

The decision is seen as a major victory for both Nestlé and wider industry, particularly in the technology sector. It also sets a global precedent for other countries dealing with similar disputes.

It means that while AI can be used to identify potential new inventions, any patent must ultimately be granted to a human inventor. Companies will now need to ensure that they are able to demonstrate that a human was involved in the invention process if they wish to take advantage of the intellectual property protections that patents provide.

Ultimately, the decision reinforces the view that AI remains a tool to be used by humans rather than a creative entity in its own right. It also highlights the importance of ensuring that any potential patentable invention involves the direct input of human inventors.