The CIPC DABUS Decision and What it Means for Our Patent Laws

Abstract

The mini dissertation looks at the decision of the CIPC to approve an invention created solely by an AI system, becoming the first country in the world to do so. In light of the foregoing, the research analyses the current patent laws and whether such laws are equipped to deal with AI-generated inventions. The dissertation provide a comparative analysis of the CIPC decision to that of the United States Trademark and Patent Office (USTPO), the European Patent Office (EPO), and the United Kingdom Intellectual Property Office (UKIPO). The dissertation further argues against the conferment of legal personality on AI based on ethical considerations and its ability to differentiate between wrong and right. To conclude the dissertation recommends design rights as an alternative to patent rights.