Can AI be an inventor? LLM graduate explores the legal debate
LLM Intellectual Property alum, Batuhan Anac, explores the legal and ethical limits of artificial intelligence in patent law in his recently published dissertation.
Batuhan Anaç, an LLM Intellectual Property graduate from the School of Law, recently had his dissertation published in a Turkish legal journal On İki Levha Yayınları. His work delves into the rising controversy surrounding artificial intelligence as inventors, a subject sparked by the globally discussed DABUS case.
The DABUS case centred on whether an artificial intelligence (AI) system DABUS could be named as the inventor on a patent application. The UK Supreme Court ruled that under the Patents Act 1977, an inventor must be a natural person, and DABUS, as a machine, could not be named as the inventor. This decision aligns with similar rulings in other jurisdictions.
“The case pushed for granting artificial intelligence the title of inventor,” Batuhan explains. “Indeed, generative artificial intelligence had been around for a while, but it was the first time in patent law history that there was a legal application to grant artificial intelligence the same value as human inventors.”
The legal and ethical stakes of AI inventorship
Inspired by the debate on artificial intelligence inventors, Batuhan’s dissertation evaluated whether artificial intelligence can be recognised as an inventor in Australia within the context of patent law, ethics, economy and liability.
Batuhan’s dissertation concluded that while AI like DABUS plays a significant role in invention, it remains fundamentally reliant on human intervention for its output which prevents AI from acquiring the title of ‘inventor’.
Additionally, Batuhan explains:
AI inventorship is considered a tool for accomplishing the goal of patent law, which is economic prosperity. However, I concluded that Inventor AI would cause the widest economic monopoly ever created before, and this could lead to more socio-economic injustice.
Ultimately, Batuhan’s research argues that well-established ethical regulations and robust legal frameworks must be in place for AI-related actions before granting rights such as inventorship, as failing to do so poses significant risks.
Why legal scholars must engage with AI
For Batuhan, the role of legal scholarship is essential in guiding how society navigates these emerging challenges.
“This tech has an enormous potential that we cannot turn away from. However, it should be regulated carefully to achieve its full potential for good matters,” he notes. “Otherwise, there is a chance to diminish human prosperity, maybe even worse.”
Therefore, it is crucial for legal scholars to engage with artificial intelligence, as they are best positioned to develop an effective legal framework that allows AI to realise its potential safely.
Academic support at Leeds
Looking back at his time at Leeds, Batuhan credits the School of Law for supporting his intellectual journey, particularly through access to academic resources and expert supervision.
I found nearly every resource I needed in the library, and even if something wasn’t available, students could request it. That was a huge comfort.
Batuhan also recognises the important role that Dr Amaka Vanni played in his research as a supervisor, and Professor Graham Dutfield, who encouraged his focus on AI in patent law.
Looking ahead: a foundation for future research
Although Batuhan sees AI inventorship as “a tiny problem” within the wider influence of AI, he’s committed to staying engaged with the broader legal challenges the technology presents.
Whatever we do in professional life, we should aim at catching the modern-day issues. This research is a fine start to keep up with the AI era.
Interested in where a degree from the School of Law could take you? Discover how a Master’s degree with us can help you contribute to shaping today’s most important conversations.
