Op-Ed: “Because the Artificial Intelligence that generates technical advances cannot be an inventor – finds the UK Supreme Court” by Gianluca Fasano

The Supreme Court of the United Kingdom has ruled that artificial intelligence cannot be considered as an inventor of patents under the current patent laws ([2023] UKSC 49). The judgment, which has been annotated by the most important international media, may still result in an incorrect conclusion, if we assume that an AI to be incapable to create and generate autonomously technical advances. To be clear, this is not the decision-making subject, and it is not the conclusion that can be drawn from the decision-making process.

From the point of view of EU law, the judgment can be of interest because the applications of patents, in which artificial intelligence system is an inventor, have been filed in several jurisdictions, includi