IP Australia appeals seminal AI inventorship ruling

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

IP Australia appeals seminal AI inventorship ruling

adobestock-272742878.jpeg

Australia's commissioner of patents has filed an appeal against a decision to recognise an artificial intelligence tool as an inventor

The commissioner of patents in Australia has filed an appeal against a decision from the country’s Federal Court that recognised an artificial intelligence tool called DABUS as an inventor on a patent, it was announced today, August 30.

The appeal in Thaler v Commissioner of Patents was filed on Friday, August 27, in the Victoria Registry of the Federal Court of Australia and will soon be decided by the full court.

In a news release, IP Australia said: “The appeal is centered on questions of law and the interpretation of the patents legislation as it currently stands.

“The commissioner considers that the legislation is incompatible with permitting an AI to be an inventor, and that the issue is one of public importance.”

The office also stressed that the appeal did not represent a policy position from the Australian government on whether AI should or could ever be considered to be an inventor on a patent application.

The Australian patent for DABUS – which stands for Device for the Autonomous Bootstrapping of Unified Sentience – is just one of many similar applications that have been filed worldwide, some of which have already been rejected in the UK, the US and at the EPO.

Australia was the first country to judicially recognise AI inventorship on July 30 2021, two days after South Africa became the first country to issue a patent designating an AI tool as an inventor.

Justice Jonathan Beach, who handed down the judgment, had based his decision on the reasoning that the word “inventor”, an agent noun, was not defined in the Patents Act or the Patents Regulations.

Accordingly, he found, if an AI system was the agent that invented, it could be described as an inventor.

The appeal is likely to shed some light on the legislative intent behind the term inventor included in the Patents Act as well as on whether inventive step is of concern while determining AI inventorship.

Counsel will no doubt be interested to find out whether the Federal Court’s decision, which has been lauded as forward-looking, will hold water before the full court.



more from across site and SHARED ros bottom lb

More from across our site

New awards, including US ‘Firm of the Year’ and Latin America ‘Firm to Watch’, are among more than 90 prizes that will recognise firms and practitioners
DWF helped client Dairy UK secure a major victory at the UK Supreme Court
Hepworth Browne led Emotional Perception AI to victory at the UK Supreme Court, which rejected a previous appellate decision that said an AI network was not patentable
James Hill, general counsel at Norwich City FC, reveals how he balances fan engagement with brand enforcement, and when he calls on IP firms for advice
In the second of a two-part article, Gabrielle Faure-André and Stéphanie Garçon at Santarelli unpick EPO, UPC and French case law to assess the importance of clinical development timelines in inventive step analyses
Public figures are turning to trademark protection to combat the threat of AI deepfakes and are monetising their brand through licensing deals, a trend that law firms are keen to capitalise on
News of Avanci Video signing its first video licence and a win for patent innovators in Australia were also among the top talking points
Tom Melsheimer, part of a nine-partner team to join King & Spalding from Winston & Strawn, says the move reflects Texas’s appeal as a venue for high-stakes patent litigation
AI patents and dairy trademarks are at the centre of two judgments to be handed down next week
Jennifer Che explains how taking on the managing director role at her firm has offered a new perspective, and why Hong Kong is seeing a life sciences boom
Gift this article