DABUS: South Africa issues first-ever patent with AI inventor

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

Cookies Settings

DABUS: South Africa issues first-ever patent with AI inventor

artificial-intelligence-min-final.jpg

Despite the world first, South Africa’s IP office does not formally examine patents – so the registration could yet be opposed

South Africa has become the first country to issue a patent designating an artificial intelligence tool – DABUS – as the inventor and the machine’s owner as the patent owner.

The patent was published in South Africa’s Patent Journal yesterday, July 28, with legal representatives Ryan Abbott and Von Seidels both confirming the news.

However, South Africa does not offer formal examination and instead requires applicants to merely complete a filing for their invention. The same patent has already been rejected in the UK, the US and at the EPO.

Related stories

The invention was generated by DABUS (Device for the Autonomous Bootstrapping of Unified Sentience), which was created by Stephen Thaler, CEO of Imagination Engines. He has now been listed as the owner of the patent in South Africa.

In an interview with Managing IP, Thaler described DABUS as human-like, saying it is “sentient and develops ideas”. DABUS-created inventions include an emergency warning light and a food container that improves grip and heat transfer.

With the patent now officially granted by the Companies and Intellectual Property Commission, South Africa’s IP office, it is open to objection based on novelty and inventiveness.

Abbott – who has led a group of attorneys on behalf of DABUS and Thaler – hailed it as a crucial development in AI.

“We see this issuance as a key step towards recognition of the importance of encouraging individuals and companies to make, develop and use AI to generate socially valuable innovations.

“As AI continues to advance and to increasingly perform human sorts of activities, this will result in a host of challenges and opportunities for businesses, including with respect to disputes.”

The patent is the subject of parallel pending proceedings including in the US, UK, Germany, Australia and at the EPO.

Abbott himself argued in one of the cases this week at the England and Wales Court of Appeal, which is hearing the case after the High Court upheld a UKIPO ruling that DABUS could not be deemed the inventor of the patent.

more from across site and SHARED ros bottom lb

More from across our site

François Pochart, Grégoire Desrousseaux and Lionel Martin, long-standing figures in the firm’s patent litigation team, are set to help launch a Paris-based litigation offering
The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
The firm launched a San Diego office earlier this month, but California investment and expansion is far from complete
The industry’s response to AI requires an unfamiliar ingredient as firms battle to shape their futures
The firm is looking beyond replacing recently departed talent, betting instead on senior leaders to strengthen and expand its patent litigation platform
Olga Partington, director in Sterne Kessler’s biotechnology and chemical practice group, shares why a patent's vulnerability peaks when it is young, rather than when it is most valuable, under the PTAB's new framework
IP experts gathered in San Francisco last week to discuss the changing global SEP landscape and new licensing models for AI infrastructure
SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Gift this article