In a pivotal moment for Japan's intellectual property landscape, the country's Intellectual Property High Court ruled against recognizing artificial intelligence systems as inventors. The ruling comes at a time when Japanese policymakers are increasingly calling for a reevaluation of patent laws to accommodate the growing influence of AI in the invention process.
In a pivotal moment for Japan's intellectual property landscape, the country's Intellectual Property High Court ruled against recognizing artificial intelligence systems as inventors. Last week’s decision (see here) — which was part of a series of challenges brought by US inventor Stephen Thaler across multiple jurisdictions — reinforces the legal stance that only natural persons can be designated as inventors under current Japanese patent law. Thaler's case, involving his AI system Dabus, has sparked widespread debate about the role of AI in innovation and the complexities of AI-generated inventions.
The ruling comes at a time when Japanese policymakers are increasingly calling for a reevaluation of patent laws to accommodate the growing influence of AI in the invention process. While a recent report commissioned by the Japan Patent Office, or JPO, said that AI’s role in inventions is still limited (see here), JPO chief Yota Ono has recognized the need for a rethink.
“We’re at a point where a real and practical discussion of the future of the Patent Act is in progress, as we think of what it means for the law if AI begins to recognize laws of nature and utilize it,” Ono said in a conference last October.
Against this backdrop, the IP court's argument that “the question of whether to grant patent rights to AI inventions…is an issue that requires discussions for legislation” may accelerate Japan’s national debate to explore potential legislative frameworks that could govern AI inventions.
— Personhood test —
Thaler, a US-based inventor, has been advocating for the recognition of his AI system Dabus as an inventor in various jurisdictions. Dabus, which stands for Device for the Autonomous Bootstrapping of Unified Sentience, is an AI system that Thaler claims independently created inventions.
However, patent offices in a majority of countries including Japan, the US and the UK (see here) have rejected applications naming Dabus as the inventor, citing the requirement that inventors must be natural persons or recognized legal entities.
The Japan IP court’s reasoning was rooted in the legal definition of an inventor, arguing that Japan’s current laws are designed to recognize only natural persons as inventors — based on the concept of human creativity and the rights associated with it.
The court emphasized that AI systems, lacking legal personhood and the capacity for human-like creativity, do not fulfill the criteria set out in law.
This decision aligns with a June 2024 ruling by Germany's Federal Court of Justice, which similarly concluded that only natural persons can be recognized as inventors under German patent law.
At the same time, the German court confirmed the patent court’s granting of the patent under the condition that the human applicant is identified as the inventor, who “caused the artificial intelligence DABUS to generate the invention.”
Only a handful of countries, such as South Africa, is known to have accepted Dabus as the inventor.
— Policy implications —
The US, while maintaining that AI cannot be listed as an inventor, is actively exploring legislative changes to address the challenges of AI-generated innovations. The US Copyright Office has issued guidance emphasizing the necessity of human creativity in copyright law, stating that AI-generated works based solely on prompts are not eligible for copyright protection (see here) — reinforcing the centrality of human creativity.
Similarly, the UK is taking steps to address the implications of AI in intellectual property. As part of its National AI Strategy, the UK government has launched a consultation on copyright and patents for AI, aiming to create a pro-innovation regulatory framework (see here).
For Japan, the court's decision is likely to serves as a catalyst for accelerating domestic discussions on the role of AI in inventions.
Last month, Japan’s state minister for science and technology policy said that the government has launched the discussion to recognize patent rights for developers of AI systems that are used in inventions.
“It’s not very clear whether AI developers can be recognized as inventors eligible for patent grants,” Kiuchi told reporters in a Jan. 17 press conference, adding that the government is aiming to reach a policy directive by June in its annual IP strategy.
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