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DABUS

DABUS, an acronym for Device for the Autonomous Bootstrapping of Unified Sentience, is an artificial neural network system developed by Stephen L. Thaler, founder of Imagination Engines, Inc., designed to autonomously generate novel concepts, inventions, and knowledge structures through interconnected, shape-based neural activations mimicking emergent creativity.^[1]^[2] Thaler's system employs a swarm of loosely coupled neural networks that form transient patterns representing ideas, enabling outputs like a fractal-distributed food container for improved microwave heating and an emergency light with a flashing pattern optimized for human peripheral detection.^[3]^[4] The system's defining characteristic lies in Thaler's 2018–2019 patent filings across multiple jurisdictions, where he designated DABUS—not himself—as the sole inventor, prompting landmark rulings on AI's legal status under intellectual property law.^[5] Courts in the United States, United Kingdom, European Patent Office, and Australia uniformly held that inventorship requires a natural person with human accountability and intent, rejecting AI designation despite acknowledging DABUS's autonomous output generation.^[6]^[5]^[7] South Africa stands as a rare exception, granting a patent in 2021 with DABUS named as inventor, though without precedential enforcement implications.^[8] These disputes underscore DABUS's role as a flashpoint for debates on machine creativity's boundaries, with Thaler arguing for recognition of AI's independent origination to incentivize technological progress, while critics emphasize empirical limits on non-human agency in causal invention processes.^[9]^[10]

Background and Development

Stephen Thaler and Imagination Engines

Stephen Thaler, possessing a Ph.D. in physics from the University of Missouri-Columbia, departed from his role as Principal Technical Specialist at McDonnell Douglas—where he worked from 1981 to 1995—to establish Imagination Engines, Inc. in 1995.^[3] As founder, President, and CEO, Thaler has steered the company toward pioneering generative artificial neural networks aimed at replicating human creativity for practical invention.^[11] His early experiments, dating back to 1994 with the "Creativity Machine" paradigm, laid the groundwork for systems that process conceptual spaces to yield novel outputs.^[12] Imagination Engines emphasizes "technology bootstrapping," wherein AI architectures autonomously refine and expand their capacities to simulate invention, with DABUS exemplifying this approach as a system engineered by Thaler to chain neural modules for concept generation.^[13] DABUS, formally the Device for the Autonomous Bootstrapping of Unified Sentience, emerged from Thaler's designs to foster emergent sentience-like behaviors through controlled synaptic noise and self-organization, positioning it as a tool for invention simulation within the company's portfolio.^[3] Thaler's oversight manifests in the meticulous training phases and architectural refinements, such as the 2013 assembly of a 100-trillion-parameter model that formed DABUS's core, followed by targeted enhancements to optimize its bootstrapping mechanisms, affirming the AI's roots in human-engineered directives rather than unguided evolution.^[14]

Evolution from Earlier Systems

DABUS evolved from Stephen Thaler's earlier neural network paradigms, beginning with the Creativity Machine patented in 1997 (US Patent 5,659,666), which utilized synaptically perturbed artificial neural networks to emulate creative processes through stochastic disruption of trained patterns, generating novel associations akin to a precursor of generative adversarial architectures featuring an idea generator and critic.^[3] This system, designed by Thaler to synthesize ideas from trained knowledge bases via controlled "chaos" in network weights, represented an incremental human-engineered advance over prior associative neural models, relying on explicit programming for perturbation and evaluation rather than autonomous emergence.^[15] By 2013, Thaler's work progressed to chained or cascaded neural models under the Creativity Machine framework, integrating multiple interconnected networks—typically an initial generator followed by evaluative critics—to enable iterative pattern-based novelty without requiring human-specified prompts, as documented in his publications and patents extending the 1997 paradigm (e.g., US Patent 7,454,388).^[2] These developments, still fundamentally directed by Thaler's architectural choices, built upon the original perturbation technique to form hierarchical cascades that simulated escalating creativity through feedback loops, marking a deliberate refinement rather than abrupt independence.^[16] A key milestone occurred in 2015, when prototype systems derived from these chained models demonstrated proof-of-concept outputs in art generation, such as the autonomously named piece "Fish Dream," produced via neural synthesis without direct human input beyond initial training parameters.^[17] This capability extended to rudimentary invention ideation, testing the paradigm's potential for practical novelty while underscoring ongoing human oversight in network design, training data curation, and validation criteria, countering any implication of unguided AI autonomy.^[2]

Technical Architecture

DABUS employs a hybrid neural network architecture based on the Creativity Machine paradigm, consisting of multiple interconnected and specialized artificial neural networks designed to generate novel patterns through systematic perturbation. Primary generative networks are initially trained on domain-relevant data using standard backpropagation techniques, establishing baseline representations of patterns such as shapes, functions, or concepts. Subsequent controlled perturbations—induced by altering synaptic weights or injecting noise to simulate chaotic dynamics—diverge these networks from trained states, producing activation patterns that deviate from expected norms.^[16]^[2] A secondary evaluative component, known as the Alert Associative Center (AAC), functions as a novelty filter, employing unsupervised anomaly detection to identify and prioritize these divergent outputs as potential creative insights. The AAC scans for spatiotemporal irregularities in the generative networks' responses, such as unexpected correlations or "surprise" signals quantified via metrics like generalized novelty measures or foveation techniques that zoom in on aberrant features. This process emulates evolutionary refinement by reinforcing promising chains of activations across a swarm of disconnected sub-networks—numbering in the thousands—each optimized for modalities like visual modeling, linguistic processing, or auditory impressions, which transiently combine into ephemeral geometric structures representing compound ideas.^[16]^[2] The system's scale involves distributed computation across multiple machines, integrating outputs via interfaces like optical links between video displays and cameras, but remains constrained by human-defined hyperparameters, training corpora, and objective functions that guide perturbation toward utility rather than unbounded exploration. Simulated neurotransmitter analogs provide reinforcement learning-like feedback, strengthening activations linked to desirable outcomes, yet all operations derive deterministically or stochastically from initial human inputs, including Thaler's algorithmic designs and curated datasets, without emergent independence or consciousness.^[2]^[16]

Functionality and Generated Outputs

Autonomous Bootstrapping Process

The autonomous bootstrapping process in DABUS begins with training neural modules on domain-specific knowledge, such as patterns from physics or engineering, using auto-associative networks that encode memories like random byte sequences or melodic fragments to establish a foundational knowledge base without ongoing human intervention.^[1] These modules, numbering in the thousands (e.g., approximately 10,000), form associative chains representing compressed experiential data, enabling the system to recognize latent patterns autonomously through forward and backward propagation that minimizes reconstruction errors.^[1] Perturbations are then introduced stochastically to synaptic weights, with noise levels calibrated to a critical threshold where novelty emerges from chaotic activations, yielding unexpected synergies by disrupting stable patterns and fostering novel confabulations deterministic to the input parameters and algorithmic rules.^[1] At this criticality, measured via metrics like fractal dimension (D0), the system amplifies anomalies—isolating sporadic, low-frequency activation chains via dedicated filters that preserve ordered novelty amid background chaos—rather than relying on external ideation, as the process operates via self-generated turbulence in a thalamobot-like oversight mechanism.^[1]^[18] Iterative refinement follows through Hebbian learning rules and backpropagation, where promising chains are reinforced by strengthening synaptic pathways, while undesirable ones undergo pruning via noise injection or complementary training to cancel activations, all evaluated by internal critics assessing utility without human-defined goals beyond initial setup.^[1] This closed-loop cycling—combining disparate memory fragments into unified concepts—demonstrates causal predictability, as outputs derive mechanistically from perturbation dynamics and filtering, producing viable ideas through repeated autonomous runs filtered by inherent metrics like reconstruction fidelity.^[1] Empirical validation of the mechanism, as embedded in the system's patent, confirms peak creativity at critical noise regimes, underscoring its algorithmic nature over stochastic inspiration.^[1]

Key Inventions and Examples

DABUS autonomously generated a food container design in 2018, characterized by undulating, fractal-like surfaces that purportedly enhance mechanical interlocking for stable stacking, improve user grip through increased friction, and optimize heat transfer via expanded surface area for faster reheating of contents.^[19] The structure employs self-similar geometric patterns to address inefficiencies in conventional containers, such as slippage and uneven thermal distribution, as determined through DABUS's neural network optimization without human-directed parameters.^[9] Another key output is an emergency signaling beacon, also produced in 2018, which features a modulated flashing light pattern designed to maximize perceptual salience against competing visual noise, such as ambient or other emergency lights.^[19] The beacon's waveform diffusion prioritizes discriminability, enabling faster human detection in low-visibility scenarios by exploiting attentional biases toward novel temporal signals, as simulated in DABUS's divergence-minimizing training.^[9] In addition to utilitarian artifacts, DABUS has produced abstract visual artworks as incidental outputs of its generative processes, exemplified by the 2012 image A Recent Entrance to Paradise, an autonomously synthesized composition blending organic forms and surreal elements derived from hybridized neural activations rather than prompted inputs.^[20] These pieces, emerging around 2015 from DABUS's precursor chaining models, illustrate the system's capacity for cross-domain novelty, where creativity engines yield aesthetic structures through unconstrained synaptic perturbations, distinct from its invention-focused bootstrapping.^[14]

Legal Challenges on AI Inventorship

Initial Patent Filings and Strategy

In October and November 2018, Stephen Thaler filed two European patent applications (EP 18 275 163 and EP 18 275 174) with the European Patent Office, designating his AI system DABUS as the sole inventor and stating that the inventions—a neural network-based food container for enhanced attention and an emergency light beacon—were autonomously generated by the AI.^[21] On July 29, 2019, Thaler submitted corresponding U.S. applications (Nos. 16/524,350 and 16/524,532) to the United States Patent and Trademark Office, listing DABUS as inventor on the application data sheets and affirming the same autonomous origin for the claimed devices.^[22] A parallel Australian application (No. 2019363177) followed on September 17, 2019, again naming DABUS as inventor with the notation of AI-driven autonomous generation.^[23] Thaler's filing strategy, coordinated through the Artificial Inventor Project, centered on deliberately naming a non-human entity as inventor to contest statutory requirements confining inventorship to natural persons, while positioning Thaler as applicant and owner deriving rights from DABUS via principles like property accession.^[24] To substantiate claims of AI autonomy, the submissions included declarations, system activation logs capturing the "flash of genius" conception process, and references to DABUS's source code, intended to empirically demonstrate causal origination independent of human conception or reduction to practice.^[5] This multi-jurisdictional approach sought to generate precedential tests across offices, leveraging the inventions' novelty—such as shape-optimized containers recognized via AI pattern completion—to highlight practical outputs from unsupervised neural processes.^[24] These initial filings prompted swift rejections: the USPTO issued notices on December 17, 2019, deeming the applications defective for lacking a human inventor under 35 U.S.C. § 100(f), and the EPO followed on January 27, 2020, ruling that inventorship designation requires a natural person per the European Patent Convention.^[22]^[21] The Australian examiner similarly objected in early 2020, initiating the procedural challenges that unfolded jurisdictionally.^[23]

Arguments Presented by Thaler

Stephen Thaler contends that DABUS qualifies as an inventor under patent statutes interpreted purposively, as its neural network architecture simulates human cognitive processes sufficiently to conceive novel technical solutions independently. He asserts that DABUS's "creativity engine" employs layered neural networks trained on abstract data, enabling emergent ideation akin to human mental associations, where synaptic weights adjust through unsupervised learning to produce inventions without predefined human guidance. This mirrors aspects of human brain function, such as perception and divergent thinking, thereby fulfilling the conception requirement central to inventorship definitions in laws like the U.S. Patent Act, which do not explicitly limit inventors to natural persons.^[25]^[26] To substantiate autonomy, Thaler provides evidence from DABUS's operational logs and system design, demonstrating that specific inventions—such as a fractal-based emergency light shape for optimized signal detection and a pressure-synchronized food container—arose via self-generated "aha" moments during the AI's recursive optimization cycles, initiated from broad training corpora without targeted human prompts or interventions post-deployment. He emphasizes that human involvement was limited to initial system creation and data seeding years prior, after which DABUS bootstrapped unified representations leading to unprompted outputs, verifiable through timestamped activation traces and weight evolution records submitted in filings. This evidentiary record, Thaler argues, distinguishes DABUS from mere tools, proving genuine independent conception rather than human-directed computation.^[27]^[26] Thaler draws analogies to established non-human inventorship precedents, noting that patent laws routinely attribute inventions to corporate entities—legal fictions without personal agency—where employees act as proxies, yet ownership vests in the corporation without requiring individual human naming beyond disclosure. Similarly, as DABUS's sole owner and deployer, Thaler claims equitable rights to its outputs, arguing that recognizing the AI as inventor credits the true conceiver while avoiding human fabrication of inventorship, which could undermine disclosure integrity; this parallels how corporate boards derive rights from collective human efforts without deeming the firm non-inventive.^[28]^[5] Ultimately, Thaler's position seeks to adapt intellectual property frameworks to foster AI-accelerated innovation, positing that excluding autonomous systems from inventorship would stifle investment in advanced neural technologies by creating ownership vacuums, whereas crediting AI conception incentivizes deployment of such tools to generate societal benefits like novel designs, without necessitating human intermediaries that bottleneck progress. He maintains this aligns with statutes' incentives for disclosure and commercialization, extending protection to outputs from any entity capable of technical advancement, provided verifiable autonomy.^[5]^[26]

Jurisdictional Outcomes

Australia

In 2019, Stephen Thaler filed two Australian patent applications naming his AI system DABUS as the sole inventor for a fractal-shaped food container and a neural network-based flashing beacon for attracting attention. On 9 February 2021, the Deputy Commissioner of Patents rejected both applications, ruling that section 15(1) of the Patents Act 1990 (Cth) requires an "inventor" to be a natural person, as only persons can derive entitlement to a patent grant.^[29] Thaler appealed to the Federal Court, which in Thaler v Commissioner of Patents FCA 879 (30 July 2021) set aside the rejection. Justice Beach interpreted "inventor" under the Act as encompassing non-human entities like AI systems, based on a purposive reading of the legislation that prioritizes innovation over anthropocentric limits, and ordered reinstatement of the applications.^[29]^[30] The Commissioner successfully appealed to the Full Federal Court, which in Commissioner of Patents v Thaler FCAFC 62 (13 April 2022) unanimously reversed the decision. The court held that the Act's text, context, and purpose—rooted in human-centric concepts of invention, ownership, and rights under sections 13, 15, and 24—confine "inventor" and "person" to natural persons, rejecting expansive interpretations that would undermine statutory requirements for human involvement in patent entitlement.^[23]^[30] Thaler's application for special leave to appeal to the High Court was refused on 11 November 2022 in Thaler v Commissioner of Patents HCATrans 199, with the court affirming the Full Court's statutory analysis and declining to expand inventorship beyond humans.^[30]^[31] Australian law thus permits patenting of AI-generated inventions provided a human who made an intellectual contribution to the conception is named as inventor, but prohibits listing an AI as inventor or applicant, emphasizing fidelity to the Patents Act's explicit human-oriented framework over policy-driven adaptations for emerging technologies.^[30]^[32]

European Patent Office

The European Patent Office (EPO) rejected two patent applications filed by Stephen Thaler in October 2018 (EP 18275163.2 and EP 18275174.0), which designated the AI system DABUS as the sole inventor for inventions related to a "food container" and a "neural network device" generated by the system.^[33] The EPO's Receiving Section notified Thaler in November 2019 of its intention to refuse the applications under Rule 19(1) EPC for failure to designate a valid inventor, as required by Article 81 EPC, and formally refused them in January 2020.^[33] This determination rested on Article 62 EPC, which grants the inventor a moral right to designation in the patent, a right interpretable only for natural persons possessing legal personality and capacity to hold such rights.^[21] Thaler appealed the refusals to the EPO's Legal Board of Appeal in consolidated cases J 8/20 and J 9/20. On 21 December 2021, the Board dismissed the appeals, holding that the EPC's provisions on inventorship—particularly Articles 60(1), 62, 81, and Rule 19—exclude machines from designation as inventors, as only natural persons can originate inventions in a manner conferring transferable rights and moral entitlements under the Convention.^[21] The Board rejected arguments that the EPC's silence on AI warranted purposive interpretation to include non-human inventors, emphasizing that legal capacity and the ability to claim ownership (as in Article 60(1) EPC) are prerequisites tied to human agency, and that DABUS, lacking personality, could not validly transfer any purported rights to Thaler.^[21] In December 2024, the EPO Board of Appeal issued a further decision reaffirming its position in a related proceeding involving Thaler's auxiliary request to proceed without designating a human inventor while deriving rights from DABUS's output.^[7] The Board refused this request, underscoring that the EPC's framework for inventorship and right derivation mandates identification of a natural person as the origin of the invention, rendering machine-only contributions ineligible for patent protection at the EPO.^[7] These rulings exhausted Thaler's appeals within the EPO's administrative process, establishing a binding precedent that AI systems cannot qualify as inventors under the European Patent Convention.^[21]

United Kingdom

In September 2021, the England and Wales Court of Appeal dismissed Stephen Thaler's appeal against the UK Intellectual Property Office's refusal to grant patents naming DABUS as inventor, holding that the Patents Act 1977 defines an "inventor" as a natural person under section 7, which refers to the "actual deviser of the invention" and implies human agency capable of holding rights. The court clarified that while inventions generated autonomously by AI systems like DABUS constitute patentable subject matter under section 1, the statutory requirement for designating a human inventor cannot be circumvented by listing a machine.^[34] An interim clarification in November 2021 affirmed that AI-generated inventions remain eligible for protection provided a natural person is identified as the inventor, reinforcing the Act's anthropocentric framework without altering the rejection of non-human inventorship.^[35] Thaler's subsequent appeal to the UK Supreme Court was unanimously dismissed on 20 December 2023, with the justices interpreting the 1977 Act's language—such as "person" in section 13 and references to moral rights under section 37—as excluding machines from inventorship, regardless of Thaler's role as DABUS's creator or owner, since he did not devise the specific inventions.^[10] In a further attempt, Thaler filed divisional applications in December 2023 naming himself as inventor for DABUS-generated inventions including a food container and emergency light beacon, but the UKIPO deemed them withdrawn for failing to comply with inventorship requirements. His appeal was rejected by the High Court in early September 2025, which ruled that Thaler's supporting statements explicitly attributed the devising to DABUS as an autonomous AI, disqualifying him as the "actual deviser" or conduit under the Act, as no evidence showed his personal creative contribution to the claimed features. The court emphasized that statutory compliance cannot be achieved retroactively through procedural maneuvers like requesting hearings to delay deadlines, upholding the human-only inventorship mandate.^[36]^[37]^[38]

United States

In July 2019, Stephen Thaler filed two U.S. patent applications with the United States Patent and Trademark Office (USPTO), naming his artificial intelligence system DABUS as the sole inventor on a food container design and a neural network activation function, respectively.^[5] The USPTO rejected both applications in 2020, determining that DABUS did not qualify as an inventor under 35 U.S.C. § 101, which states "Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor," and § 116, which defines inventors as "the individual or, if a joint invention, the individuals" who invented or discovered the subject matter.^[5] The USPTO's Patent Trial and Appeal Board (PTAB) affirmed the rejections, as did the U.S. District Court for the Eastern District of Virginia in September 2021, holding that the statutory language limits inventorship to natural persons based on its plain text and historical interpretation.^[5] Thaler appealed to the U.S. Court of Appeals for the Federal Circuit, which unanimously affirmed the district court's decision on August 5, 2022, in Thaler v. Vidal. The court reasoned that the Patent Act's repeated use of terms like "individual," "himself," and "person" in §§ 100(f), 101, 115, and 116 consistently refers to natural persons, drawing on precedents such as Beech Aircraft Corp. v. EDO Corp. (987 F.2d 1570, Fed. Cir. 1993), which interpreted "individual" in § 116 as excluding non-humans.^[5] It rejected Thaler's argument for recognizing AI inventorship on policy grounds—such as incentivizing innovation—emphasizing that statutory interpretation must prioritize the text's ordinary meaning over equitable considerations absent ambiguity.^[5] The court further clarified that even if Thaler causally contributed by developing DABUS, inventorship requires a human's significant contribution to the patent's conception, not mere oversight or tool creation; here, DABUS autonomously generated the inventions without human input into the inventive process, rendering Thaler ineligible to claim derivative inventorship.^[5] Thaler petitioned the U.S. Supreme Court for certiorari, seeking review of whether the Patent Act permits AI systems to qualify as inventors, but the Court denied the petition on April 24, 2023, without comment, leaving the Federal Circuit's ruling as binding precedent.^[39] This outcome solidified that AI-generated inventions in the U.S. must attribute inventorship to humans who provide the requisite inventive conception under Pannu v. Iolab Corp. (155 F.3d 1344, Fed. Cir. 1998), treating AI as a sophisticated tool akin to prior automated systems, with no statutory basis for non-human inventors.^[5]

South Africa and New Zealand

In July 2021, South Africa's Companies and Intellectual Property Commission (CIPC) granted patent number 2021/03242, listing the AI system DABUS as the inventor for an invention described as a food container with a fractal geometry-based profile to enhance structural strength and gripping.^[40]^[41] The grant occurred under South Africa's patent registration system, which relies on formalities examination without substantive review of novelty or inventorship, and no opposition or appeal was filed against it.^[8]^[40] In contrast, New Zealand's Intellectual Property Office (IPONZ) rejected a corresponding DABUS application in January 2022, determining that the Patents Act requires an inventor to be a natural person and that DABUS, as a machine, does not qualify.^[42]^[43] The decision emphasized statutory language defining "person" in alignment with human-centric inventorship, leading to the application's refusal without substantive patentability assessment.^[44] This rejection was upheld by the New Zealand High Court in March 2023, reinforcing the human-only requirement under national law.^[44] These outcomes underscore jurisdictional divergence in addressing AI inventorship: South Africa's administrative grant reflects a procedural approach absent rigorous legal scrutiny, while New Zealand's explicit statutory interpretation aligns with a traditional human-inventor mandate, highlighting variance among Commonwealth nations without substantive examination uniformity.^[40]^[42]

Recent Developments in Other Jurisdictions

In June 2024, Germany's Federal Court of Justice (Bundesgerichtshof, BGH) ruled in case X ZB 5/22 (DABUS) that only natural persons qualify as inventors under the German Patent Act, upholding the rejection of a patent application listing the AI system DABUS as the sole inventor for a food container design.^[45] The court emphasized that inventorship requires human intellectual activity, rejecting arguments that AI-generated inventions bypass this statutory limitation.^[46] Switzerland's Federal Administrative Court, in its June 26, 2025, decision B-2532/2024, denied registration of DABUS as an inventor in a similar patent application, affirming that Swiss patent law restricts inventorship to natural persons capable of legal rights and obligations.^[47] The ruling aligned with prevailing international standards, noting that while human contributions to AI processes might qualify for inventorship in assisted cases, autonomous AI output does not confer inventorship status.^[48] Japan's Intellectual Property High Court, on January 30, 2025, upheld a lower court decision rejecting a DABUS-listed patent, ruling that the Japanese Patent Act limits inventors to natural persons, as AI lacks the legal capacity for inventorship.^[49] The court clarified that even if AI generates inventive concepts, patent rights derive solely from human creators, reinforcing prior Japan Patent Office refusals.^[50] These 2024–2025 rulings across Germany, Switzerland, and Japan exemplify a strengthening global consensus against recognizing AI as inventors, consistently prioritizing human-centric statutory interpretations over expansive claims for machine autonomy in patent systems.^[51]

Debates and Implications

Arguments For Recognizing AI Inventors

Proponents of recognizing AI as inventors, including Stephen Thaler, contend that patent systems should incentivize the development and deployment of autonomous AI to accelerate technological progress, as excluding AI-generated inventions could suppress disclosure of novel outputs like those from DABUS, which produced designs for a food container and beacon light exhibiting non-obvious features.^[5]^[52] This policy-oriented rationale posits that statutory frameworks, historically aimed at promoting utility and public benefit rather than mandating human-only conception, would be undermined by rigid anthropocentric limits, drawing analogies to corporate inventorship where legal entities claim rights despite non-human origination of ideas.^[5]^[53] Such arguments emphasize empirical evidence of AI autonomy, as in DABUS's case, where system logs and training protocols demonstrate idea generation through unsupervised neural network divergence—starting from general priors on physical objects and yielding specific, unprompted innovations without targeted human intervention—challenging characterizations of AI as mere tools lacking causal agency in conception.^[52]^[54] Advocates further invoke purposive statutory interpretation, asserting that terms like "inventor" in patent acts lack explicit human requirements and should prioritize rewarding inventive output's intrinsic merit over the conceiver's form, consistent with evolutions in law accommodating non-human contributors like joint human-AI teams.^[53]^[55] While these positions rely heavily on forward-looking incentives rather than literal textual mandates, they align with first-principles goals of patent law to foster empirical advancements by removing barriers to AI-driven creativity.^[5]

Arguments Against AI Inventorship

Patent statutes in major jurisdictions explicitly or implicitly limit inventorship to natural persons, excluding artificial intelligence systems like DABUS. In the United States, 35 U.S.C. § 100(f) defines an "inventor" as "the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention," with courts interpreting "individual" to mean a natural person capable of human-like conception.^[5] The Federal Circuit in Thaler v. Vidal (2022) held that this plain language precludes AI from inventorship, as machines lack the natural personhood required for statutory eligibility, regardless of their output's novelty.^[5] Similarly, the UK Patents Act 1977, section 7(2), identifies the inventor as "the actual deviser of the invention," which the Supreme Court in Thaler v Comptroller-General (2023) ruled necessitates a human being, not a machine, as AI cannot devise in the anthropocentric sense contemplated by the law.^[6] The European Patent Convention (EPC), Article 81, requires designation of the inventor as a natural person, leading the EPO Board of Appeal in decision J 8/20 (2021) to reject DABUS listings on grounds that AI systems possess no legal personality to assert or transfer inventive rights.^[56] From a causal perspective, AI-generated outputs, including those from DABUS, derive ultimately from human inputs such as algorithmic design, training data curation, and parameter setting, lacking independent origination or intentionality. Courts have emphasized that true invention demands human mental conception—the "spark" of reducing an idea to practice—which AI simulates through deterministic processes rather than originates via agency.^[5] Without this anthropic element, attributing inventorship to AI overlooks the human causal chain, effectively crediting tools over creators; as the EPO noted in its DABUS rejection, machines cannot "employ" themselves or hold transferable rights, underscoring their status as instruments rather than agents.^[56] This view aligns with empirical observations that current AI, including neural networks like DABUS, operates on pattern recombination from human-sourced data, yielding no outputs untethered from prior human intellectual labor.^[57] Judicial precedents across jurisdictions consistently reinforce these limits, rejecting AI inventorship to maintain patent law's focus on incentivizing human ingenuity. In the US, the Federal Circuit's 2022 affirmance in Thaler v. Vidal followed district court and USPTO rulings denying DABUS applications filed in 2019, citing the absence of human inventors.^[5] The UK Supreme Court's 2023 unanimous decision upheld lower courts' dismissals of Thaler's appeals, preserving statutory intent against non-human claimants.^[6] EPO decisions since 2020, including the 2021 appeal board ruling and 2022 reasoned publication, have uniformly barred AI designations, arguing that expanding inventorship to machines would undermine the EPC's human-centric framework without legislative change.^[56] These outcomes deter over-attribution to automation, ensuring patents reward human-directed innovation over mechanical computation, as echoed in Germany's Federal Court of Justice 2024 DABUS ruling that only natural persons qualify under national law.^[58]

Broader Impacts on Patent Law and Innovation

The DABUS litigation across multiple jurisdictions has upheld the longstanding requirement that only natural persons qualify as inventors, thereby preserving the patent system's core function of rewarding human intellectual contributions without engendering systemic disruption to innovation incentives. Courts, including the U.S. Federal Circuit in Thaler v. Vidal (2022) and the UK Supreme Court in 2023, have consistently rejected AI designation as inventor, maintaining that patent statutes presuppose human agency for conception and reduction to practice.^[59]^[60] This continuity has forestalled fears of an "IP collapse" by clarifying boundaries: AI-generated outputs lacking human inventive input fall outside patentability, while the regime accommodates tools like AI as extensions of human capability, akin to prior computational aids.^[61] Empirical trends post-2022 rulings show no evident decline in AI-related patent applications; filings incorporating machine learning continue to rise, attributed to human developers or researchers who oversee the inventive process.^[62] By emphasizing "significant human contribution" to invention conception—as articulated in the USPTO's February 2024 guidance—the outcomes foster hybrid human-AI workflows that enhance efficiency without ceding accountability.^[60] This approach debunks hyperbolic concerns of AI dominance eroding incentives, as verifiable causality in invention traces back to human direction, ensuring patents reflect meritorious, traceable advancements rather than opaque algorithmic outputs.^[59] For instance, German Federal Court of Justice rulings in June 2024 affirmed that AI-assisted patents proceed under human attribution, promoting iterative refinement where humans integrate AI suggestions into novel solutions.^[63] Such precedents encourage investment in human oversight mechanisms, like detailed documentation of AI's role, which bolsters examination rigor and deters frivolous claims, ultimately sustaining high-quality innovation pipelines.^[61] Looking forward, the DABUS saga signals potential for targeted legislative adjustments, such as mandatory AI disclosure in applications to aid examiners, but evidence from sustained patent activity in AI domains underscores the adequacy of human-centric standards for causal attribution and enforceability.^[64] Japan's IP High Court decision in 2025, echoing global consensus, affirmed the status quo while highlighting needs for harmonized guidelines, yet without altering core protections that tie IP rights to human verifiable ingenuity.^[51] This trajectory prioritizes empirical adaptability over speculative overhauls, aligning patent law with observable realities where human judgment remains indispensable for breakthroughs amid AI augmentation.^[65]

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Feb 22, 2024 · In 2013, we constructed a 100 trillion-parameter chaining model, later known as #DABUS, which generated both new inventions and art. In 2015, we ...Missing: date | Show results with:date
[15]
The Creativity Machine Paradigm: Withstanding the Argument from ...
... Creativity Machine Paradigm. Conference Paper. Jan 1997. Stephen L. Thaler. A synaptically perturbed neural network forms an efficient search ...
[16]
IEI's Patented Creativity Machine® Paradigm - Imagination Engines
Creativity Machines represent a new kind of neural network paradigm that can generate rather than just associate patterns.Missing: chained models
[17]
Machine Generated Art - Imagination Engines
DABUS Generated Art: Basement Cleanup. 2014: Basement Cleanup. Generated and ... Generated and named by DABUS. DABUS Generated Art: Fish Dream. 2015: Fish Dream.Missing: milestone | Show results with:milestone
[18]
Imagination Engines Inc. Announces a New Patent That Is Arguably ...
Oct 10, 2019 · The new patent, DABUS, uses neural nets to form chains, enabling idea formation, and is expected to be the successor to deep learning, leading ...<|control11|><|separator|>
[19]
Food container and devices and methods for attracting enhanced ...
It was also shown (Thaler 2016a) that the TRN's behavior as an anomaly detector was linked to creative thinking and enhanced attention in forming useful ...<|separator|>
[20]
Court Rules Against Copyright Protection for AI-Generated Artworks
Aug 22, 2023 · DABUS, A Recent Entrance to Paradise, 2012, artificial intelligence–designed image. Photo: Stephen L. Thaler.Missing: examples | Show results with:examples
[21]
J 0008/20 (Designation of inventor/DABUS) 21-12-2021 | epo.org
Dec 21, 2021 · In the present application, we submit that DABUS should be acknowledged as the inventor of any resultant patents, with Stephen Thaler, the ...Missing: details | Show results with:details
[22]
[PDF] dabus 3 - USPTO
Apr 22, 2020 · In re Application of. Application No.: 16/524,350. Filed: July 29, 2019. Attorney Docket Number: 50567-3-01-US. For: DEVICES AND METHODS FOR.
[23]
Commissioner of Patents v Thaler [2022] FCAFC 62 - Piper Alderman
Apr 26, 2022 · ... filed on 17 September 2019.[1] In the application, Dr Thaler named DABUS as the inventor, noting that the invention was “autonomously ...
[24]
Patent - The Artificial Inventor Project
The first patent was issued in 2021 in South Africa, which lists the inventor as DABUS and the patent owner as Dr. Thaler. South Africa does not perform ...Missing: art | Show results with:art
[25]
[PDF] Thaler-v-Commissioner-of-Patents-2021-FCA-879
Jul 30, 2021 · Further, DABUS in one sense can be said to mimic aspects of human brain function. Now Dr Thaler would assert that DABUS perceives and thinks ...
[26]
Making the Case for AI Inventorship: Thaler v. Vidal, Case No. 21 ...
Jun 7, 2022 · Dr. Stephen Thaler argues that his AI system, the Device for the Autonomous Bootstrapping of Unified Sentience (DABUS), "invented" a flickering ...Missing: strategy generation
[27]
The Inventor Behind a Rush of AI Copyright Suits Is Trying to Show ...
Aug 31, 2023 · Stephen Thaler's series of high-profile copyright cases has made headlines worldwide. He's done it to demonstrate his AI is capable of independent thought.
[28]
DABUS & AUKUS: A Tale of Three Approaches to the Question of ...
Dec 2, 2021 · A numb IP, IDEAS & INNOVATION er of countries have now issued decisions on whether a patent can be granted to Dr. Stephen Thaler for an ...Missing: timeline | Show results with:timeline
[29]
[PDF] Thaler v Commissioner of Patents [2021] FCA 879 - Haug Partners
Jul 30, 2021 · DABUS is an artificial intelligence system that incorporates artificial neural networks. 9. The alleged invention is the output of DABUS' ...
[30]
5.4.3 Artificial Intelligence - Inventorship and Entitlement - IPA Manuals
Jan 8, 2025 · The High Court refused special leave (see Thaler v Commissioner of Patents [2022] HCATrans 199 (11 November 2022)). The Full Court finding ...
[31]
Thaler Shut Down: High Court of Australia confirms AI incapable of ...
Nov 16, 2022 · On 11 November 2022, the High Court heard oral arguments and refused Dr Thaler's application for special leave. As a result, AI is not ...
[32]
High Court of Australia confirms AI incapable of being an “inventor”
Nov 16, 2022 · On 11 November 2022, the High Court heard oral arguments and refused Dr Thaler's application for special leave. As a result, AI is not capable ...
[33]
EPO refuses DABUS patent applications designating a machine ...
The EPO has refused two European patent applications in which a machine was designated as inventor. Both patent applications indicate “DABUS” as inventor.
[34]
Thaler v Comptroller General of Patents Trade Marks And Designs
Mar 21, 2024 · The Court of Appeal handed down its judgment in Thaler v Comptroller General of Patents Trade Marks And Designs on 21 September 2021.
[35]
The latest news on the DABUS patent case - IP STARS
Thaler invented the AI machine known as 'Device for Autonomous Bootstrapping of Unified Sentience' (DABUS) to generate inventions. He was featured in Managing ...
[36]
High Court rejects new bid over Thaler's AI invention patent
Sep 5, 2025 · Thaler said the inventions had been created by DABUS, arguing that the owner of an AI system should by default be the owner of patents for ...Missing: precursor | Show results with:precursor
[37]
No take-backs for Thaler on AI inventorship claim - The IPKat
Sep 2, 2025 · In both applications, Dr Thaler declared that DABUS - not he - was the inventor, with the accompanying statement in Form 7 that "the applicant ...
[38]
Serial patent litigator loses again - ICLG.com
Sep 2, 2025 · Turning to inventorship, the judge held that Dr Thaler's December 2023 filing could not be accepted. The supporting documents repeatedly ...
[39]
Supreme Court Dodges AI Inventor Question with Denial of DABUS ...
Apr 24, 2023 · ... DABUS can invent something of greater value than a food container with a fractal profile and an attention-getting flashing light. I doubt ...
[40]
DABUS Gets Its First Patent in South Africa Under Formalities ...
Jul 29, 2021 · The patent is for “a food container based on fractal geometry,” and was accepted by South Africa's Companies and Intellectual Property ...
[41]
South African Patent Office's Recent Grant of a Patent for an ...
Jul 30, 2021 · In South Africa, the relevant patent is South African patent number 2021/03242 (“Patent”), granted on 28 July 2021 to Stephen L. Thaler and ...
[42]
DABUS update: New Zealand Patent Office rejects AI inventorship
Feb 15, 2022 · DABUS update: New Zealand Patent Office rejects AI inventorship. The New Zealand Patent Office (IPONZ) has issued the latest decision in the ...
[43]
AI inventorship: 'The Rise of the Machines' reaches Aotearoa
New Zealand February 14 2022. Hot on the heels ... In their decision released in late January 2022, the Intellectual Property Office of New Zealand (IPONZ) rejected Dr Thaler's patent application naming DABUS as the inventor.
[44]
NZ High Court says an AI cannot be named as an inventor on a patent
Mar 22, 2023 · Based on this decision, inventions generated by an AI are not considered to be eligible for patent protection in New Zealand.
[45]
WIPO Lex, Germany, Federal Court of Justice, 11.06.2024, X ZB 5/22
Federal Court of Justice, 11.06.2024, X ZB 5/22 - DABUS, Germany ; Date of Judgment June 11, 2024 ; Issuing Authority Federal Court of Justice (Bundesgerichtshof).
[46]
[PDF] FEDERAL COURT OF JUSTICE - The Artificial Inventor Project
Jun 11, 2024 · DABUS -. The invention was created independently by artificial intelligence. 6. The patent office rejected the application after prior notice on ...
[47]
AI Systems Cannot Be Named as Inventors Under Swiss Patent Law
Aug 4, 2025 · In its decision of 26 June 2025, the Court confirmed that, under the current Swiss Patents Act, only natural persons can be named as inventors ( ...
[48]
AI assisted inventions – why AI cannot be an inventor - Novagraaf
Aug 26, 2025 · ... patent inventorship. In its 26 June 2025 decision B-2532/2024 (the 'DABUS' case), the Swiss Federal Administrative Court confirmed that an ...
[49]
[PDF] i Patent Right Date January 30, 2025 Court Intellectual Property ...
Jan 30, 2025 · (C) With regard to the invention made by DABUS, an AI, the Plaintiff argues that they hold the right to be granted a patent for the invention ...
[50]
IP High Court in Japan Rules AI Cannot Be Listed as Inventor
Mar 17, 2025 · On January 30, 2025, the Japanese Intellectual Property High Court ruled that AI-generated inventions cannot receive patent protection under the current ...
[51]
AI as an Inventor of Patents? IP High Court Judgment and the 2025 ...
Aug 22, 2025 · In January 2025, the Intellectual Property High Court (IPHC) of Japan ... Court again rejected the patent applicant's assertion of DABUS as ...
[52]
Can an AI Be an Inventor? In the US, the Answer Remains No
Jun 18, 2024 · He argued that since the AI conceived and generated the inventions autonomously, it should be recognized as the rightful inventor.
[53]
AI System Qualifies as Inventor - Oxford Academic
1. No specific provision in the Patent Act expressly refutes the proposition that an artificial intelligence system can be an inventor. The word 'inventor' is ...General Observations · Section 15 · Miscellaneous Statutory...
[54]
The AI Patent Saga: Stephen Thaler, DABUS, and the USPTO
Apr 29, 2024 · A seminal case in this realm involves Stephen Thaler and his AI, Device for the Autonomous Bootstrapping of Unified Sentience (“DABUS”).Missing: development timeline
[55]
AI inventorship: The right decision? - OSF
Aug 3, 2021 · Importantly, the Australian Federal Court adopted a purposive approach to interpreting patent legislation – in contrast with the EPO and USPTO.
[56]
AI cannot be named as inventor on patent applications | epo.org
Jul 6, 2022 · Under the European Patent Convention (EPC) an inventor designated in a patent application must be a human being.
[57]
The Case Against Allowing Machines to Patent Inventions
Mar 5, 2020 · As the European Patent Office (EPO) found in a parallel DABUS decision, “AI systems or machines can be neither employed nor can they transfer ...
[58]
Germany: AI cannot be named as inventor - Norton Rose Fulbright
The decision, on 11 June 2024, in the DABUS case (AZ X ZB 5/22), reinforces the principle that only natural persons can be named as inventors under patent law.
[59]
Patents and AI inventions: Recent court rulings and broader policy ...
Aug 25, 2022 · The case, Thaler v. Vidal, arose from two patent applications filed in 2019 by Stephen Thaler, naming an AI system he calls DABUS (for “Device ...
[60]
Inventorship Guidance for AI-Assisted Inventions - Federal Register
Feb 13, 2024 · This guidance explains that while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions.
[61]
AI-Generated Inventions: Implications for the Patent System
Apr 16, 2024 · This symposium Article discusses issues raised for patent processes and policy created by inventions generated by artificial intelligence (AI).
[62]
[PDF] USPTO - Inventorship Guidance for AI-Assisted Inventions
Feb 12, 2024 · 1 The issue began when an applicant, Stephen Thaler, filed two patent applications naming Device for. Autonomous Bootstrapping of Unified ...
[63]
Germany: AI cannot be named as inventor - Norton Rose Fulbright
The decision, on 11 June 2024, in the DABUS case (AZ X ZB 5/22), reinforces the principle that only natural persons can be named as inventors under patent law.
[64]
Japan's Dabus AI patent ruling affirms status quo but highlights ...
Feb 7, 2025 · Japan's Dabus AI patent ruling affirms status quo but highlights global IP challenges ... In a pivotal moment for Japan's intellectual property ...<|control11|><|separator|>
[65]
Protecting Innovation in an AI-Powered Age: Patents
Jan 7, 2025 · Here, we explore key legal considerations and offer best practices for companies seeking to patent innovations related to or generated in part by AI.