Whether an Artificial Intelligence (AI) could be considered as an inventor in the patent law has been in question since long. On 30th July 2021, the Australian court set out the ground-breaking precedent in the landmark decision of Thaler v Commissioner of Patents  FCA 879 by deciding that AI can be legally recognized as an inventor in patent applications. This is the first time that AI inventions are given proper recognition in Patents on a legal basis.
The Honourable Justice Beach from the Federal Court of Australia ruled in the favor of DABUS and overruled the decision of Deputy Commissioner of Patents that patent application no. 2019363177 did not comply with regulation 3.2C (2) (aa) of the Patents Regulations 1991 (Cth). The regulation requires that the applicant must provide the name of the inventor of the invention.
This is not the first win for DABUS; Recently, the South African Patent Office also granted a patent to DABUS. However, since the patent office of South Africa does not conduct the substantive examination, the decision did not gather attention.
Justice Beach from the Australian Federal Court has given very thorough reasoning on this decision and the analysis of the same is coming soon on our blog. Stay tuned!!!