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Health Law - Can AI be inventive?

Can AI be inventive?

Health Law

09/06/22 • 10 min

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In this podcast episode, Professor Donrich Thaldar discusses the issue of artificial intelligence (AI) and personality with Meshandren Naidoo.


Summary


DABUS, a cognition-based AI, was recently listed as inventor in a South African patent. This caused controversy globally regarding the nature of inventorship status – can AI qualify as an inventor? Opponents to the position taken in South Africa have raised questions about (1) whether the matter was truly considered by the South African Patent Office; (2) whether AI inventorship is ethical, and (3) whether this patent means that AI now has legal personality. In this podcast episode, it is concluded that (1) the granting of the patent was intentional, (2) many of the ethical concerns raised are misplaced, and that (3) the granting of the patent does not mean that DABUS obtained legal personality.


Further reading


Thaldar DW, Naidoo M. AI inventorship: The right decision?. South African Journal of Science. 2021.


https://sajs.co.za/article/view/12509

See also


Naidoo M, Thaldar DW. Clearing the CRISPR patent landscape: Towards a solution for South Africa. South African Law Journal. 2022.


https://doi.org/10.47348/SALJ/v139/i2a6

Naidoo S, Bottomley D, Naidoo M, Donnelly D, Thaldar DW. Artificial intelligence in healthcare: Proposals for policy development in South Africa. South African Journal of Bioethics and Law. 2022.


https://doi.org/10.7196/SAJBL.2022.v15i1.797

09/06/22 • 10 min

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