RECOGNITION OF ARTIFICIAL INTELLIGENCE AS AN INVENTOR: LEGAL APPROACHES IN AUSTRALIA AND SOUTH AFRICA

Abstract

This article explores the legal recognition of AI as an inventor in Australia and South Africa. It examines relevant legislation, landmark cases, and procedural approaches to assess whether current frameworks accommodate AI-generated inventions. Using a comparative legal analysis methodology, this study identifies gaps in traditional patent systems and highlights the implications of recognising AI as an inventor. Key findings indicate that while Australia has engaged in detailed judicial deliberation but maintains human-only inventorship, South Africa has formally recognised AI as an inventor under procedural registration. The article concludes with policy recommendations to harmonise innovation incentives with legal accountability.