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The Federal Court decision in Thaler v Commissioner of Patents” analyses the reasoning of Beach J in the Thaler decision at first instance, noting that this decision is the first judicial consideration in Australia relating to the impact of artificial intelligence (AI) on the Australian patent system. [read post]
16 Jan 2024, 2:22 am by Eden Winlow (Bristows)
On 20 December 2023, the UK Supreme Court handed down its highly anticipated judgment in the case of Thaler v Comptroller-General of Patents, Designs and Trademarks [2023] UKSC 49, unanimously ruling that only a natural person can be named as an inventor on a patent application. [read post]
These were two of the key questions which the Court of Appeal grappled with in Thaler v Comptroller General of Patents [2021] EWCA Civ 1374. [read post]
These were two of the key questions which the Court of Appeal grappled with in Thaler v Comptroller General of Patents [2021] EWCA Civ 1374. [read post]
An expanded five judge appeal bench of the Full Federal Court has recently handed down its judgment confirming that artificial intelligence (AI) systems or devices cannot be an “inventor” under the Patents Act 1990 (Commissioner of Patents v Thaler [2022] FCAFC 62), reversing the decision of Justice Beach at first instance and bringing Australia into line with the position taken in other jurisdictions including the US, UK and Europe. [read post]
In the first judicial determination in the world of its type, the Australian Federal Court has held that artificial intelligence systems or devices can be “inventors” for the purpose of the Patents Act 1990 (Cth) (Thaler v Commissioner of Patents [2021] FCA 879). [read post]
16 Apr 2021, 1:05 am by Kluwer Patent blogger
The applications resulted in rulings by the UKIPO, the UK High Court in Thaler v the Comptroller of Patents et al, now on appeal, the EPO, now on appeal to the EPO Legal Board of Appeal, the USPTO, now on appeal to the US District Court for the Eastern District of Virginia, IP Australia, with an appeal to the Australian Federal Court. [read post]