Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Huge win for South Africa's Wi-Fi lobby in spectrum fight

      Mobile operators locked out as Icasa opens 900MHz of spectrum

      27 May 2026
      South Africa's right-to-repair vacuum

      South Africa’s right-to-repair vacuum

      27 May 2026
      Eskom breaks ground on R1.2-billion Lethabo solar plant

      Eskom breaks ground on R1.2-billion Lethabo solar plant

      27 May 2026
      4Sight earnings leap, led by back-office IT sales - Tertius Zitzke

      4Sight earnings leap, led by back-office IT sales

      27 May 2026
      South Africa to target children's screen time - Siviwe Gwarube

      South Africa to target children’s screen time

      27 May 2026
    • World
      AI boom hands Samsung chip workers life-changing bonuses

      AI boom hands Samsung chip workers life-changing bonuses

      27 May 2026
      Luce lit: Ferrari unveils its first electric car

      Luce lit: Ferrari unveils its first electric car

      26 May 2026
      Huawei claims chip design breakthrough

      Huawei claims chip design breakthrough

      25 May 2026
      Pope urges world to hit brakes on AI - Pope Leo

      Pope urges world to hit brakes on AI

      25 May 2026
      Nvidia does it again - Jensen Juang

      Nvidia does it again

      21 May 2026
    • In-depth
      Alfa's electric rebel - Alfa Romeo Junior Elettrica Veloce

      Alfa’s electric rebel

      29 April 2026
      Africa switches on as Europe dims the lights

      Africa switches on as Europe dims the lights

      9 April 2026
      The biggest untapped EV market on Earth is hiding in plain sight

      The biggest untapped EV market on Earth is hiding in plain sight

      1 April 2026
      AI, cybersecurity power standout year for Datatec - Jens Montanana

      The R16-billion tech giant hiding in plain sight

      26 March 2026
      The last generation of coders

      The last generation of coders

      18 February 2026
    • TCS
      TCS+ | The Up&Up Group on the hidden cost of AI - Jason Harrison

      TCS+ | The Up&Up Group on the hidden cost of AI

      13 May 2026
      Michael Rossouw

      TCS+ | The retirement decision most South Africans get wrong

      6 May 2026
      TCS | The Cape Town start-up listening for TB with AI - Braden van Breda

      TCS | The Cape Town start-up listening for TB with AI

      4 May 2026

      TCS+ | ‘The ISP for ISPs’: Vox’s shift to wholesale aggregator

      20 April 2026
      TCS | Werner Lindemann on how AI is rewriting the infosec rulebook

      TCS | Werner Lindemann on how AI is rewriting the infosec rulebook

      15 April 2026
    • Opinion
      Treasury's crypto crackdown is a betrayal of Mandela's promise - Duncan McLeod

      Treasury’s crypto crackdown is a betrayal of Mandela’s promise

      22 May 2026
      South Africa is sleepwalking into another AI policy failure - Celeste Labuschagne

      South Africa is sleepwalking into another AI policy failure

      20 May 2026
      AI won't fix your culture - it will expose it - Jackie Kennedy

      AI won’t fix your culture – it will expose it

      19 May 2026
      Treasury's crypto crackdown is a betrayal of Mandela's promise - Duncan McLeod

      Free calls, dead voice and Shameel Joosub’s Spanish ghost

      22 April 2026
      The conflict of interest at the heart of PayShap's slow adoption - Cheslyn Jacobs

      The conflict of interest at the heart of PayShap’s slow adoption

      26 March 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM Telecom
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » In-depth » In a world first, SA grants a patent listing an AI as the inventor

    In a world first, SA grants a patent listing an AI as the inventor

    By The Conversation5 August 2021
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    At first glance, a recently granted South African patent relating to a “food container based on fractal geometry” seems fairly mundane. The innovation in question involves interlocking food containers that are easy for robots to grasp and stack.

    On closer inspection, the patent is anything but mundane. That’s because the inventor is not a human being – it is an artificial intelligence system called Dabus.

    Dabus (which stands for “device for the autonomous bootstrapping of unified sentience”) is an AI system created by Stephen Thaler, a pioneer in the field of AI and programming. The system simulates human brainstorming and creates new inventions. Dabus is a particular type of AI, often referred to as “creativity machines” because they are capable of independent and complex functioning. This differs from everyday AI like Siri, the “voice” of Apple’s iPhones.

    The patent application listing Dabus as the inventor was filed in patent offices around the world, including the US, Europe, Australia and South Africa

    The patent application listing Dabus as the inventor was filed in patent offices around the world, including the US, Europe, Australia and South Africa. But only South Africa granted the patent (Australia followed suit a few days later after a court judgment gave the go-ahead).

    South Africa’s decision has received widespread backlash from intellectual property experts. Some have labelled it a mistake, or an oversight by the patent office. However, as a patent and AI scholar whose PhD aims to address the gaps in patent law created by AI inventorship, I suggest that the decision is supported by the government’s policy environment in recent years. This has aimed to increase innovation, and views technology as a way to achieve this.

    Creativity machines

    Creativity machines can process and critically analyse data, learning from it. This process is known as machine learning. Once the machine learning phase has occurred, the machine is able to “autonomously” create without human intervention. As has been seen in the Covid pandemic, as just one example, AI is able to solve problems humans were unable to – and also much faster than people can.

    Over the years, there have been many kinds of creativity machines. Prior to Dabus, Thaler built another AI that created novel sheet music, and which he credited with inventing the cross-bristle toothbrush design. He filed a patent for the cross-bristle design, and it was granted – proving AI’s ability to generate truly novel inventions that meet the standards for patents. However, Thaler listed himself, rather than the AI, as the inventor at that time.

    When it came to the food container invention by Dabus, Thaler, assisted by Ryan Abbott of the University of Surrey, decided instead to list Dabus as the rightful inventor, as the invention was entirely devised by the AI. This was the start of their push for AI to be recognised as inventors the world over.

    The US Patent and Trademark Office and the European Patent Office rejected these applications in the formal examination phase. They gave three reasons. First, their respective patent laws only provide for human inventors – not AI – as indicated by the use of pronouns such as “him” and “her” in their text. Second, ideas, for the purposes of patents, require the element of “mental conception” – something of which only a human mind is capable. Finally, inventorship comes with rights, which AI is not legally capable of possessing.

    Much to the surprise of the global community, South Africa’s patent office, the Companies and Intellectual Property Commission, granted the patent, recognising Dabus as an inventor. It has not yet explained its reasons for doing so.

    This patent was published in July 2021 in the South African Patent Journal, with major news agencies including The Times reporting on the matter.

    Critics have argued that it was the incorrect decision in law, as AI lacks the necessary legal standing to qualify as an inventor

    Critics have argued that it was the incorrect decision in law, as AI lacks the necessary legal standing to qualify as an inventor. Many have argued that the grant was simply an oversight on the part of the commission, which has been known in the past to be less than reliable.

    Many also saw this as an indictment of South Africa’s patent procedures, which currently only consist of a formal examination step. This requires a checkbox sort of evaluation: ensuring that all the relevant forms have been submitted and are duly completed.

    Critics feel that if South Africa instead had a substantive search and examination system in place, the Dabus patent application would have been rejected.

    Policy environment

    I disagree. While it is possible that the commission erred in granting the patent, South Africa’s policy environment in recent years suggests otherwise.

    The first relevant policy was the Intellectual Property Policy of the Republic of South Africa Phase I of 2018. It marked the beginning of patent reform in the country. Since then, from 2019 to 2021, three other notable instruments have been published: the department of science & technology’s white paper on science, technology & innovation; the Presidential Commission on the Fourth Industrial Revolution; and the proposed National Data and Cloud Policy in terms of the Electronic Communications Act.

    The core message of all these documents is that South Africa’s government wants to increase innovation to solve the country’s socioeconomic issues. There is clear worry about issues such as poor innovation levels, lack of funding and lack of suitable infrastructure which is necessary to really capitalise on the fourth Industrial Revolution.

    Given the policy environment and the vast potential of AI, the granting of the patent makes sense. Perhaps this will turn out to be a strategic masterclass by the South African office which will lead to a much more innovative nation.The Conversation

    • The author, Meshandren Naidoo, is PhD fellow and LexisNexis legal content researcher and editor, University of KwaZulu-Natal
    • This article is republished from The Conversation under a Creative Commons licence
    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    Dabus Meshandren Naidoo Ryan Abbott Stephen Thaler top
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleLoad shedding on track for worst year ever
    Next Article EOH to list on A2X Markets

    Related Posts

    South Africa was wrong to patent an AI’s ‘invention’

    8 December 2022

    18GW in unplanned breakdowns cripple Eskom

    2 November 2021

    Nersa kicks the Karpowership can down the road

    13 September 2021
    Company News
    Threat actors don't hack in anymore - they log in - Altron Digital Business Microsoft South Africa

    Threat actors don’t hack in anymore – they log in

    27 May 2026
    Africa's data centre industry to converge on Sandton this June

    Africa’s data centre industry to converge on Sandton this June

    27 May 2026
    Zoom Fibre launches Get Flex ISP

    Zoom Fibre launches Get Flex ISP

    26 May 2026
    Opinion
    Treasury's crypto crackdown is a betrayal of Mandela's promise - Duncan McLeod

    Treasury’s crypto crackdown is a betrayal of Mandela’s promise

    22 May 2026
    South Africa is sleepwalking into another AI policy failure - Celeste Labuschagne

    South Africa is sleepwalking into another AI policy failure

    20 May 2026
    AI won't fix your culture - it will expose it - Jackie Kennedy

    AI won’t fix your culture – it will expose it

    19 May 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Huge win for South Africa's Wi-Fi lobby in spectrum fight

    Mobile operators locked out as Icasa opens 900MHz of spectrum

    27 May 2026
    South Africa's right-to-repair vacuum

    South Africa’s right-to-repair vacuum

    27 May 2026
    Eskom breaks ground on R1.2-billion Lethabo solar plant

    Eskom breaks ground on R1.2-billion Lethabo solar plant

    27 May 2026
    4Sight earnings leap, led by back-office IT sales - Tertius Zitzke

    4Sight earnings leap, led by back-office IT sales

    27 May 2026
    © 2009 - 2026 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}