Revisiting AI Inventorship In Thaler v. Vidal

• Published date: 05 October 2022
• Law Firm: Holland & Knight
• Author: Mr Ji Mao

The U.S. Court of Appeals for the Federal Circuit recently released its decision in Thaler v. Vidal, No. 21-2347 (Fed. Cir.), the much-discussed case that addresses whether artificial intelligence (AI) software can be listed as the inventor on a patent application. This post summarizes the Federal Circuit's opinion.

For a more in-depth summary of the dispute and the parties' positions, I encourage you to read this blog's earlier post covering the oral arguments in this case. The short version, however, is that the U.S. Patent and Trademark Office (USPTO) refused to allow two patent applications where an AI system was listed as the sole inventor. The USPTO concluded that both applications were incomplete because they lacked a valid inventor. According to the USPTO, the U.S. Patent Act...