UK remains firm: AI cannot patent inventions

The UK's Intellectual Property Office (IPO) has sided with its US counterpart to decide that artificial intelligence systems cannot patent inventions.

That goes against decisions in Australia and South Africa, which ruled in favour of AI.

A patent is used to assign ownership of a new invention to its creator, preventing anyone from legally copying their work.

However, a recent consultation found many respondents doubted AI systems were able to invent without human assistance.

While the UK does give some protection to AI-generated work, it is not to the same extent as a patent.

The IPO has already received two patent applications naming an AI system as the inventor.

The applications came from Stephen Thaler, who has been fighting for AI systems to be recognised as legitimate inventors for some time. Last year he filed applications with the US Patent and Trademark Office for the same inventions: a food container named Fractal Container and a light beacon named Neural Flame.

The USPTO rejected the applications, on the grounds that only 'natural persons' can be listed as an inventor on the patent paperwork.

However, in July 2021 courts in Australia and South Africa came down on Thaler's side, ruling that AI systems could be named as inventors.

The IPO has said that it would 'need to understand how our IP system should protect AI-devised inventions in the future', and has committed to keeping the issue 'under review'.

'If or when inventive and creative AI exist, the IP system must be appropriate to deliver the benefits to society - the human benefits of this innovation. Meanwhile, we must ensure that patents and copyright also work where AI is supportive of invention and creativity but not its sole author or inventor.'