On 18 August 2021 we published a commentary on Thaler v Commissioner of Patents [2021] FC ...

Can Artificial Intelligence be an Inventor under Patent Law? Australian Federal Court says ‘Yes’ but U.S. District Judge says ‘No’ – Lexology

On 18 August 2021 we published a commentary on Thaler v Commissioner of Patents [2021] FC 879 (“the Australian Case”) where the Federal Court of Australia held that an artificial intelligence (“AI”) system can be named as an inventor in a patent application under the Patents Act 1990 (“Australian Patents Act”). Our commentary on the Australian Case can be accessed here. On 2 September 2021, United States District Judge Leonie Brinkema issued a memorandum opinion in Stephen Thaler v Andrew Hirshfeld, et al (Case 1:20-cv-09 (LMB/TCB)) (“the US Case”) wherein she opined that an AI system cannot be an inventor …

 

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