State of play · data as of 2026-10-21
AI and inventorship
Can AI be an inventor?
Where it's heading
Positions on a five-point scale; see the methodology. Narrowed or overruled decisions are left out.
The law todayLeaning toward human inventors only
10 jurisdictions
6 human inventors only3 human named, AI help allowed1 AI can be inventor
ProposalsDivided
4 papers
1 human inventors only1 human named, AI help allowed2 AI can be inventor
Who says what
Every source behind each group’s position, including those still pending or taking no position. Open one for the full summary and the primary source.
Law
6 toward human inventors only · 4 human named, AI help allowed · 1 toward AI can be inventor · 11 sources
Policymakers
No position yet · 0 sources
No source from this group on this question yet. Know one we’re missing? Tell us.
Academia
1 toward AI can be inventor · 1 toward human inventors only · 2 sources
Professional bodies
1 human named, AI help allowed · 1 toward AI can be inventor · 2 sources
Current law, jurisdiction by jurisdiction
The most authoritative decision or act still in force in each jurisdiction. Open Decisions for the full list.
| Jurisdiction | Leading authority | Answer | Status |
|---|---|---|---|
| United States | Thaler v. Vidal (DABUS)U.S. Court of Appeals for the Federal Circuit · 2022 · Appellate court · +1 more | Human inventors only | Current |
| European Patent Organisation | DABUS (J 8/20)European Patent Office, Legal Board of Appeal · 2021 · Office decision | Human inventors only | Current |
| Germany | DABUS (Federal Court of Justice)Bundesgerichtshof (German Federal Court of Justice) · 2024 · Apex court | Human named, AI help allowed | Current |
| Switzerland | DABUS (Swiss Federal Administrative Court)Federal Administrative Court of Switzerland · 2025 · First instance | Human named, AI help allowed | Current |
| United Kingdom | Thaler v. Comptroller-General (DABUS)UK Supreme Court · 2023 · Apex court | Human inventors only | Current |
| China | CNIPA guidelines for patent applications for AI-related inventionsChina National Intellectual Property Administration · 2024 · Official guidance | Human named, AI help allowed | Current |
| Japan | DABUS (Intellectual Property High Court of Japan)Intellectual Property High Court of Japan · 2025 · Appellate court | Human inventors only | Current |
| South Korea | DABUS (Seoul High Court)Seoul High Court · 2024 · Appellate court | Human inventors only | Current |
| Australia | Commissioner of Patents v. Thaler (DABUS)Full Court of the Federal Court of Australia · 2022 · Appellate court | Human inventors only | Current |
| South Africa | DABUS patent grantCompanies and Intellectual Property Commission (CIPC) · 2021 · Office decision | AI can be inventor | Current |
Options on the table
Proposals from parliaments, governments, universities and professional bodies, ordered by breadth of support. Each source group weighs the same.
1Inventions made with AI's help should stay patentable, with a human named as inventor.
Policymakers 0/12 · Academia 1/34 · Professional bodies 3/6 · 2 take a different line
What's pending
Decisions still under appeal, and policy moves in the last 18 months.
Decisions under appeal
No pending decisions recorded.
Recent policy moves
No recent policy moves recorded.
Latest on this topic
A descriptive map of public sources, not legal advice and not a recommendation. Positions are a curated reading, not an exhaustive survey. See the methodology.