DABUS (Seoul High Court)

AI and inventorship

Can AI be an inventor?

Human inventors only

An AI cannot be named as inventor under the Korean Patent Act

Holding

Affirming the Seoul Administrative Court, the Seoul High Court held that Article 33 of the Patent Act limits inventors to natural persons, as AI has no legal capacity, and rejected the argument that the gap could be filled by interpretation.

The first appellate ruling in Asia against AI inventorship.

Principles it bears on

• SupportsOnly a natural person can be named as an inventor.

Sources

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