ABSTRACT
This paper analyses the reasoning of the Federal Court of Australia in its decision to recognise an artificial intelligence as capable of being considered an ‘inventor’ under Australian patent law. It concludes that the inventive step requirement, in Australian and UK patent statutes, does not preclude non-humans from being labelled ‘inventors’ for patent applications.
Yuvaraj, Joshua and Kariyawasam, Kanchana, The Inventive Step Requirement and Artificial Intelligence in Australian Patent Law: Time for a Rethink? (August 13, 2022), European Intellectual Property Review (2022), volume 44(9), 544-555.
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