AI Can Invent – Australia Is First to Recognise Non-Human Inventorship

The Australian Federal Court recently handed down its first-instance judgement in Thaler v Commissioner of Patents [2021] FCA 879 where the central issue considered was whether an artificial intelligence (AI) system could be an'inventor' for the purposes of the Australian Patents Act 1990 (Act) and its corresponding regulations. The Court found that an AI system can be an inventor – where'inventor' may be construed broadly to include a'person or thing that invents'1. This decision puts Australia in the spotlight as a favourable country to patent AI-created inventions – for now. Given the subject-matter and controversy generated by this decision, an appeal to the Full Federal Court is almost certain. This Federal Court decision is an appeal from a Patent Office hearing where the Office rejected Australian patent application no. Interestingly, the objection to inventorship was initially raised in a formalities objection issued within a few weeks after the application was filed, and not during examination which would be years later under normal circumstances.