Rethinking Inventorship after South Africa's DABUS Patent Grant

dc.contributor.advisorNdlovu, L.
dc.contributor.advisorLavhengwa, S.
dc.contributor.authorMavhungu, Zwannda
dc.date2026
dc.date.accessioned2026-09-18T22:13:10Z
dc.date.issued2026-09-11
dc.descriptionLLM in Mercantile and Private Law
dc.descriptionDepartment of Mercantile and Private Law
dc.description.abstractThe grant of South African patent ZA 2021/03242, which listed the artificial intelligence (AI) system known as the Device for the Autonomous Bootstrapping of Unified Sentience (DABUS) as inventor, exposes a doctrinal problem within South African patent law rather than a settled recognition of AI” inventorship. South Africa's Patents Act 57 of 1978 was drafted on the assumption that inventorship, entitlement, assignment and enforcement are anchored in persons capable of holding and transferring legal rights. Because the Companies and Intellectual Property Commission (CIPC) operates within a largely depository system, the DABUS outcome is best understood as a procedural artefact of formal registration rather than a substantive endorsement of non-human inventorship. Therefore, this study asks whether the current South African framework can securely accommodate AI-generated inventions and concludes that it cannot do so without legislative reform. It argues for a South African reform model that recognises AI assistance through disclosure, while keeping inventorship, title, and accountability anchored in natural or juristic persons who derive rights through ordinary legal mechanisms. Accordingly, this study recommends that Parliament amend the Patents Act to clarify inventorship rules, incorporate disclosure obligations, and strengthen institutional practice within the CIPC.
dc.format.extent1 online resource (xv, 118 leaves)
dc.identifier.apacitationMavhungu, Z. (2026). <i>Rethinking Inventorship after South Africa's DABUS Patent Grant</i>. (). . Retrieved from en_ZA
dc.identifier.chicagocitationMavhungu, Zwannda. <i>"Rethinking Inventorship after South Africa's DABUS Patent Grant."</i> ., , 2026. en_ZA
dc.identifier.citationMavhungu, Z. 2026. Rethinking Inventorship after South Africa's DABUS Patent Grant. . . en_ZA
dc.identifier.ris TY - Dissertation AU - Mavhungu, Zwannda AB - The grant of South African patent ZA 2021/03242, which listed the artificial intelligence (AI) system known as the Device for the Autonomous Bootstrapping of Unified Sentience (DABUS) as inventor, exposes a doctrinal problem within South African patent law rather than a settled recognition of AI” inventorship. South Africa's Patents Act 57 of 1978 was drafted on the assumption that inventorship, entitlement, assignment and enforcement are anchored in persons capable of holding and transferring legal rights. Because the Companies and Intellectual Property Commission (CIPC) operates within a largely depository system, the DABUS outcome is best understood as a procedural artefact of formal registration rather than a substantive endorsement of non-human inventorship. Therefore, this study asks whether the current South African framework can securely accommodate AI-generated inventions and concludes that it cannot do so without legislative reform. It argues for a South African reform model that recognises AI assistance through disclosure, while keeping inventorship, title, and accountability anchored in natural or juristic persons who derive rights through ordinary legal mechanisms. Accordingly, this study recommends that Parliament amend the Patents Act to clarify inventorship rules, incorporate disclosure obligations, and strengthen institutional practice within the CIPC. DA - 2026-09-11 DB - ResearchSpace DP - Univen KW - Artificial intelligence KW - Intellectual property KW - Inventor KW - Patent KW - Ultra vires KW - Ownership LK - http://univendspace.univen.ac.za PY - 2026 T1 - Rethinking Inventorship after South Africa's DABUS Patent Grant TI - Rethinking Inventorship after South Africa's DABUS Patent Grant UR - ER - en_ZA
dc.identifier.urihttps://hdl.handle.net/11602/3500
dc.identifier.vancouvercitationMavhungu Z. Rethinking Inventorship after South Africa's DABUS Patent Grant. []. , 2026 [cited yyyy month dd]. Available from: en_ZA
dc.language.isoen
dc.relation.requiresPDF
dc.rightsUniversity of Venda
dc.subjectArtificial intelligence
dc.subjectIntellectual property
dc.subjectInventor
dc.subjectPatent
dc.subjectUltra vires
dc.subjectOwnership
dc.titleRethinking Inventorship after South Africa's DABUS Patent Grant
dc.typeDissertation

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