UK Supreme Court wrestles with inventorship at DABUS showdown

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

UK Supreme Court wrestles with inventorship at DABUS showdown

London- The Supreme Court on Parliament Square, Westminster. The

Oral arguments in the DABUS appeal centred on whether the wording of UK patent law has room for an AI inventor, as Managing IP reports live from court

UK patent law already allows for artificial intelligence tools to be named as inventors, counsel for computer scientist Stephen Thaler told the Supreme Court today, March 2.

A panel of five judges heard arguments in the final stage of a legal battle over whether two patent filings naming the AI tool DABUS as the inventor should be granted.

The appeal was brought by Thaler, the creator of DABUS, an AI system that he claims autonomously invented a food storage system.

The UKIPO rejected the patent filings on the grounds that UK patent law requires a human, or “natural person”, to be named as the inventor.

But counsel for Thaler told the Supreme Court that the law simply required the applicant to identify whom they believed the real inventor to be.

Ryan Abbott, a professor at the University of Surrey who has been representing Thaler throughout the case, and Robert Jehan, partner at Williams Powell, acted as counsel for Thaler.

In this case, the counsel said, Thaler’s statement that there was no human inventor met the UK Patents Act’s requirements.

Lord Justice David Kitchin, a former IP barrister, repeatedly quizzed the pair over why Thaler didn’t name himself as the inventor when this would probably have meant the patent could have been granted.

“You have taken what could be seen as a rather intransigent position in how you’ve framed your application and run into a brick wall,” the judge suggested.

But it would be dishonest for Thaler to name himself as the inventor when he was not the actual deviser of the technology, as required by UK law, Abbott replied.

“What might be intransigent to some might, to others, simply be Thaler stating his scientific belief [that there is no inventor],” he said.

Stuart Baran, barrister at Three New Square and standing counsel for the UKIPO, said too many of Thaler’s arguments dealt with what he thought the law should be rather than what the statute required.

“Parliament centred its provisions on [natural] persons with consideration and care,” he said.

Toby Bond, partner at Bird & Bird in London, was one of several lawyers who attended as observers.

Speaking to Managing IP outside court, he said the arguments touched on fundamental points about the purpose of the patents system.

“From their questions, the justices clearly understand the significance of the decision they have to take,” he said.

The trial concluded today and a decision is now pending.

more from across site and SHARED ros bottom lb

More from across our site

IPH’s strategy of integrating acquired businesses into its larger premium brands, may offer an early signal of how externally funded IP firms will pursue scale, efficiency and market strength
After bringing on board three new partners, the recently merged firm has its eyes on breaking into the top-flight of firms for patent disputes and ITC litigation
While the US and the UK remain the biggest markets for representation of women, their lead has narrowed
Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Selina Hinchliffe, head of commercial services at Shakespeare Martineau, reflects on rejecting Cambridge, leading through empathy, and why authenticity matters more than fitting in
US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
Gift this article