A federal court in Australia has ruled in our favor and ordered our patent application for an AI-generated invention reinstated by IP Australia.
From the attached judgment of Beach, J: “In summary, in my view, an inventor as recognised under the Act can be an artificial intelligence system or device. But such a non-human inventor can neither be an applicant for a patent nor a grantee of a patent. So to hold is consistent with the reality of the current technology. It is consistent with the Act. And it is consistent with promoting innovation.”
The decision is appealable.
The Court Orders That:
1. The determination of the Deputy Commissioner of Patents made on 9 February 2021 to treat patent application no. 2019363177 as lapsed be set aside.
2. The determination of the Deputy Commissioner that s 15(1) of the Patents Act 1990 (Cth) is inconsistent with an artificial intelligence system or device being treated as an inventor be set aside.
3. The matter as to whether patent application no. 2019363177 satisfies the formalities under the Patents Regulations 1991 (Cth) and its examination be remitted to the Deputy Commissioner to be determined according to law in accordance with these reasons.