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Nick White and Olivia Gray write for Law360 on a Supreme Court decision on AI and patents

The UK Supreme Court decision in Stephen Thaler v. Comptroller-General of Patents, Designs and Trade Marks has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property (IP) legislative landscape.

In an article for Law360, Nick White, Partner, and Olivia Gray, Senior Associate, discuss the decision and some of the UK policymaking background on AI and its relationship with IP.

In the Thaler Case, the court addressed the question of whether an AI system can be legally recognised as an inventor for the purposes of patent applications.

The broader questions of whether technical advances generated by machines acting autonomously and powered by AI should be patentable or whether the meaning of the term "inventor" ought to be expanded to include machines powered by AI were not before the Supreme Court to consider — any change in this legal position would require legislative action.

Nick and Olivia expect continued international discussion and harmonization on this point, with a close eye being kept on technological development.

Read the full article in Law360 here (subscription required). 

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