AI patent heads to UK Supreme Court

Published

Sep 13 2022

Written By

Heidi Hurdle

Professional Support Lawyer
UK

I am the Professional Support Lawyer to Bird & Bird's market-leading Intellectual Property group in London.

Practices

Sectors

Technology & Communications

Regions

Western Europe

Countries

Offices

London

The UK Supreme Court has confirmed that it will hear the high-profile appeal over the DABUS AI patent. Its decision, likely sometime in 2023, will be very significant in the ongoing international debate over patent protection for AI-devised inventions.

Thaler v Comptroller-General

Just under a year since the Court of Appeal’s blockbuster decision in Thaler v Comptroller-General the Supreme Court has agreed to grant Dr Thaler leave to appeal. Many will be familiar with the facts of this case where Dr Thaler had applied for two GB patents, stating that the inventor was “DABUS” and that he had the right to be granted the patents “by ownership of the creativity machine ‘DABUS’”. The Supreme Court granted leave on 12…