INNOVAREModule 12 · Regulatory and Intellectual Property Dimensions of AI

Case 3: The Inventor Was a Machine

DABUS, the Artificial Inventor Project, and Australia’s world-first ruling that a machine could be an inventor — overturned nine months later.

August 2026 · Case 3 of 6
As you read — hold this question

A patent has a box marked ‘inventor’ that the law has always kept for a human. What happens the moment a machine’s name goes in it?

17
seventeen countries is where two people filed a cup and a light naming an AI as the inventor — on purpose, to force the law to answer one question: who invented it?

Stephen Thaler, an AI pioneer, believes his machine DABUS genuinely generated those gadgets on its own. Ryan Abbott, a law professor, had a sharper worry: if an AI designs a life-saving drug and the law says no human invented it, no one can patent it, and no company will pay to develop it. So they ran the Artificial Inventor Project.

The case
The examinable core

Australia said yes, then no

In July 2021, Justice Beach became the first judge anywhere to rule that under the Patents Act a machine could be named as the inventor (South Africa had waved one through days earlier, but that was a formalities check, not a court weighing the question — so the world-first ruling was Australia’s).

It didn’t last. In April 2022, a full bench of five judges overturned him: an inventor must be a natural person. In November the High Court refused to hear it. And everywhere else the question was put — the UK, the US, Europe — the answer came back the same. No.

Carry this

A machine can generate an invention, but under the law an inventor — like an author — has to be a person. Australia’s brief ‘yes’ is the world-first, but the settled answer everywhere is no.

The deeper problem
The rest of the story

Tomorrow’s problem, yesterday’s law

The cases the traditional account teaches are all from before AI existed — Cantarella (2014, trade-marking the Italian word for gold on coffee), Seafolly (a designer’s Facebook post), Apple v Samsung (rounded corners). Meanwhile the fights that will actually decide this are unresolved and happening now: The New York Times v OpenAI, Getty v Stability.

And the same answer holds for authorship: an AI cannot hold a copyright either. The US said so in Thaler v Perlmutter; Australia had said it years before. An author, like an inventor, has to be human.

Framework hole
We are handed a 2026 problem and asked to solve it with 2012 law. The set cases predate the technology; the decisive ones haven’t been decided.
Quick recall — without looking back

Test yourself on this case

Question 1 of 3

What was the DABUS / Artificial Inventor Project trying to force?

Thaler and Abbott filed two trivial inventions (a cup, a light) naming the AI DABUS as inventor in ~17 countries at once, to force courts to answer: can a machine be the inventor?
Question 2 of 3

What did Australia decide, and does it stand?

Justice Beach ruled yes in 2021 (a world-first court ruling). A full bench overturned it in 2022 — an inventor must be a natural person — and the High Court refused to hear it. The UK, US and Europe all said no.
Question 3 of 3

Can an AI hold a copyright?

No. An author, like an inventor, must be human (US: Thaler v Perlmutter; Australia had held the same earlier).

Module 12 Video

Module 12 · Regulatory & Intellectual Property Dimensions of AI

Sources

Module content
BUSN9049 Module 12 — deck + lecture transcripts.
DABUS rulings
Thaler v Commissioner of Patents [2021] FCA 879; [2022] FCAFC 62; Thaler v Vidal (US); [2023] UKSC 49; EPO decisions.
Authorship
Thaler v Perlmutter (D.C. Cir. 2025); IceTV [2009] HCA; Telstra v Phone Directories [2010] FCAFC.
Live disputes
The New York Times v OpenAI; Getty Images v Stability AI (unresolved).