Commissioner of Patents v Thaler [2022] FCAFC 62 (DABUS, Australia)

Summary

Stephen Thaler applied for an Australian patent naming his AI system DABUS as the inventor. In July 2021 a single judge of the Federal Court (Beach J) held that an AI system could be named as an inventor under the Patents Act 1990. On the Commissioner of Patents' appeal, a five-judge Full Court reversed that ruling on April 13, 2022, reading the reference to a person who is an inventor as meaning a natural person. The High Court refused Thaler special leave to appeal on November 11, 2022, which leaves the Full Court's ruling as settled Australian law unless Parliament changes the Act.

Key dates

1. April 13, 2022Filed
2. November 11, 2022Resolved
3. October 16, 2026Checked against sources
4. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: October 16, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. Date of Judgment April 13, 2022 Issuing Authority Full Court of the Federal Court of Australia

   Supports: Court and judgment date

   WIPO Lex: Commissioner of Patents v Thaler [2022] FCAFC 62 World Intellectual Property Organization (WIPO Lex judgment database) Reporting or analysis

2. On 11 November 2022, the High Court heard oral arguments and refused Dr Thaler’s application for special leave. As a result, AI is not capable of being named as an inventor of a patent application in Australia absent a change in legislation.

   Supports: Special leave refused; effect

   Consequently, the Full Court interpreted the phrase “ a person who is an inventor ” in the Patents Actto be a reference to a natural person.

   Supports: Full Court holding

   Thaler Shut Down: High Court of Australia confirms AI incapable of being an "inventor" Technology's Legal Edge (DLA Piper) Reporting or analysis

3. In July 2021, the Federal Court of Australia found in Thaler v Commissioner of Patents [2021] FCA 879 that an AI machine could be named as the inventor in patent applications

   Supports: First-instance ruling, July 2021

   Machine inventorship: still no joy for the DABUS team Lewis Silkin Reporting or analysis