INTRODUCTION
Thirty years ago, Lawrence B Solum wrote a visionary article concerning the debate on the legal personhood of artificial intelligence (AI) and posed the following question: ‘Could an artificial intelligence become a legal person? As of today, this question is only theoretical’. Thirty years later, in the area of patent law, recent cases from the UK, the USA and Australia have resoundingly answered: ‘no’ to intellectual property rights (IPRs) for AI systems. While academic commentators have perhaps helped sensationalize the concept of an ‘AI inventor’, national patent offices and court judgments have taken a sober approach in opining that AI systems cannot possess or be subject to IPRs in patent law …
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Ernest Kenneth-Southworth and Yahong Li, AI inventors: deference for legal personality without respect for innovation?, Journal of Intellectual Property Law & Practice, Volume 18, Issue 1, January 2023, Pages 58–69. Published: 20 December 2022.
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