Abstract The increasing integration of AI into the inventive process has raised significant legal challenges, particularly concerning inventorship and the right to apply for patents. The UK Supreme Court's judgement in Thaler v Comptroller‐General of Patents reaffirmed the human‐centric approach to inventorship under the Patents Act 1977, emphasising that only natural persons can be named inventors. However, the increasing autonomy of AI systems challenges the conventional paradigm regarding inventorship. This article first analyses whether inventorship remains legally sufficient in the context of existing AI systems. The analysis then extends to the potential emergence of AGI, assessing its anticipated impact on inventorship. By exploring whether AGI capabilities could challenge the traditional requirement of a human inventor, this article considers the need for legal adaptation to achieve a balanced approach that reflects technological advancements while maintaining legal certainty. Additionally, this article examines the transfer of rights in AI‐generated inventions, evaluating whether AI should continue to be classified strictly as property owned by its owner, with rights transferred under the doctrine of accession, or whether it should be granted a form of legal personhood with limited rights, including inventorship and patent ownership. To provide a novel perspective, this article introduces the argument that a dual legal status could be conceptualised for future AI systems. By addressing these emerging legal challenges, this study contributes to the ongoing debate on whether and how patent law should be reformed to accommodate AI's growing role in the inventive process.
Özgür Arikan (Tue,) studied this question.