United States of America: Lawsuit on classifications of AI systems as inventors of patents under US Patent Law (Thaler v. USPTO)

Progress

Current status
in force
05 Aug 2022 in force
02 Sep 2021 under investigation

Scope

Implementers
United States of America
Policy Area
Other operating condition
Policy Instrument
Intellectual property excluding copyright
Regulated Economic Activity
ML and AI development
Government Branch
judiciary
Government Body
court
Implementation Level
national

Timeline of events

05 Aug 2022
in force

US Court of Appeals for the Federal Circuit finds AI systems are not inventors of patents

On 5 August 2022, the US Court of Appeals for the Federal Circuit issued its decision on Thaler v. Vidal, ruling that an AI system cannot be listed as a named inventor on a patent application. On 8 June 2020, Dr Stephen Thaler filed a claim before t…

Source
Event type public lawsuit
Action type ruling
Government branch judiciary
Government body court
02 Sep 2021
under investigation

US District Court decision finds AI systems are not inventors of patents

On 2 September 2021, the US District Court for the Eastern District of Virginia ruled in favour of the United States Patent and Trademark Office (USPTO) in Thaler v. Hirshfeld, stating that artificial intelligence (AI) cannot be listed as an invento…

Source
Event type public lawsuit
Action type interim ruling
Government branch judiciary
Government body court