Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir. 2022); E.D. Va. No. 1:20-cv-00903; cert. denied, No. 22-919 (2023)

Summary

The USPTO refused Stephen Thaler's patent applications because they named only his AI system, DABUS, as the inventor. Thaler sued in the Eastern District of Virginia on August 6, 2020, and the court granted summary judgment to the USPTO. On August 5, 2022, the Federal Circuit affirmed, holding that the Patent Act requires an inventor to be a natural person. Rehearing was denied in October 2022, and the Supreme Court denied certiorari on April 24, 2023, leaving the rule in place under U.S. patent law.

Key dates

1. August 6, 2020Filed
2. April 24, 2023Resolved
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. Appeal from the United States District Court for the Eastern District of Virginia in No. 1:20-cv-00903-LMB- TCB, Judge Leonie M. Brinkema. ______________________ Decided: August 5, 2022

   Supports: Appeal and decision date

   Thaler challenged that conclusion in the U.S. District Court for the Eastern District of Virginia, which agreed with the PTO and granted it summary judg- ment.

   Supports: District court outcome

   We, too, conclude that the Patent Act requires an "inventor" to be a natural person

   Supports: Holding

   Thaler v. Vidal, No. 2021-2347, opinion U.S. Court of Appeals for the Federal Circuit Primary source

2. Case 1:20-cv-00903-LMB-TCB Document 1 Filed 08/06/20 Page 1 of 25

   Supports: District court docket and filing date

   Complaint, Thaler v. Iancu, No. 1:20-cv-00903 (E.D. Va.) U.S. District Court, E.D. Va. (copy hosted by the Artificial Inventor Project) Primary source

3. Apr 24 2023 Petition DENIED.

   Supports: Certiorari denied

   Decision Date: August 5, 2022 Rehearing Denied: October 20, 2022

   Supports: Rehearing denied

   Docket No. 22-919, Thaler v. Vidal Supreme Court of the United States Primary source