South Africa grants world's first AI patent

South Africa grants world's first AI patent

Denied by other nations, South Africa awards a patent that names an artificial intelligence as its inventor and the AI's owner as the patent's owner

The age-old adage where there is a will there is a way has come true. Rejected and denied by more than 10 jurisdictions over the past three years, South Africa has become the first country to award a patent that names an artificial intelligence as its inventor and the AI's owner as the patent's owner.

Ryan Abbott, a Surrey University professor in the UK, and his team finally managed to secure the patent after it was denied in the UK, USA and Europe.

They have been at odds with patent offices around the world for years seeking recognition as inventors for an artificial intelligence system called Dabus.

Abbott was representing Dr Stephen Thaler, creator of an artificial neural system named Dabus ('device for the autonomous bootstrapping of unified sentience'). Thaler claims that he is the sole inventor of a food container that improves grip and heat transfer.

Abbott and his team moved from one jurisdiction to the other after their patent application listing Dabus as the inventor was rejected in more than 10 jurisdictions since 2018, including those in the UK, Europe and the US. The High Court in England and Wales last year rejected the patent application and decided to side with the UK Intellectual Property Office, accepting that while Dabus created the inventions, it cannot be granted a patent because it is not a 'natural person'.

The European Patent Office and the US Patent and Trademark Office objected on the same grounds, with Abbott's team appealing.

Abbott had been arguing that the status quo was no longer fit for purpose and could put investment in AI at risk adding that naming the creator of the AI system as the inventor was legally risky, as they would not have substantially contributed to what the AI had created. This, they argued, would be tantamount to breaking patent law. He gave the example of the increased use of AI in R&D to discover new drug compounds and repurpose drugs.

Abbott argued that In such cases there might be an invention that qualified for a patent but not a person who can be qualified as an inventor and if that means that a patent won't be granted. He further said that this might dampen investments in AI.

"This outcome represents an understanding of the importance of encouraging people to make, develop and use AI to generate socially valuable innovation. We hope it will serve as an example to the rest of the world as different jurisdictions think through how best to encourage the use of artificial intelligence to generate human benefits," Abbott said following his team's success in South Africa.