AI inventorship: ‘The Rise of the Machines’ in AU & NZ


6 September 2022

The case of whether an artificial intelligence (AI) can be recognised as an inventor under the patent system has been tested in several jurisdictions in the past year. Recently, IPONZ and the Australian Full Federal Court have heard cases brought by Dr Stephen Thaler and his AI system ‘DABUS’. We will discuss these decisions including why the Assistant Commissioner in New Zealand determined that an AI cannot be considered an inventor under the New Zealand Patents Act and compare that decision with the initially opposite decision from the Federal Court in Australia, which was then overturned on appeal.

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