Case Summary
In one of the first cases worldwide on generative AI, the District Court of Tokyo ruled that AI systems cannot be recognised as inventors.
The case follows the plaintiff’s request to list DABUS (the name of an AI system) as a patent inventor. The Patent Office rejected the application, asking the plaintiff to rectify their request and indicate a natural person as the inventor. The plaintiff appealed the decision to the Tokyo District Court.
In May 2024, the Court ruled against the plaintiff. The Court stated that, under domestic law, patents can only cover human inventions. They also affirmed that broadening the scope of the term “inventor” to cover AI systems creations would require legislative intervention.
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Author of the case note
