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.

JurisdictionLeading authorityAnswerStatus
United StatesThaler v. Vidal (DABUS)U.S. Court of Appeals for the Federal Circuit · 2022 · Appellate court · +1 moreHuman inventors onlyCurrent
European Patent OrganisationDABUS (J 8/20)European Patent Office, Legal Board of Appeal · 2021 · Office decisionHuman inventors onlyCurrent
GermanyDABUS (Federal Court of Justice)Bundesgerichtshof (German Federal Court of Justice) · 2024 · Apex courtHuman named, AI help allowedCurrent
SwitzerlandDABUS (Swiss Federal Administrative Court)Federal Administrative Court of Switzerland · 2025 · First instanceHuman named, AI help allowedCurrent
United KingdomThaler v. Comptroller-General (DABUS)UK Supreme Court · 2023 · Apex courtHuman inventors onlyCurrent
ChinaCNIPA guidelines for patent applications for AI-related inventionsChina National Intellectual Property Administration · 2024 · Official guidanceHuman named, AI help allowedCurrent
JapanDABUS (Intellectual Property High Court of Japan)Intellectual Property High Court of Japan · 2025 · Appellate courtHuman inventors onlyCurrent
South KoreaDABUS (Seoul High Court)Seoul High Court · 2024 · Appellate courtHuman inventors onlyCurrent
AustraliaCommissioner of Patents v. Thaler (DABUS)Full Court of the Federal Court of Australia · 2022 · Appellate courtHuman inventors onlyCurrent
South AfricaDABUS patent grantCompanies and Intellectual Property Commission (CIPC) · 2021 · Office decisionAI can be inventorCurrent

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

Who backs each option →

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.