Thaler v Commissioner of Patents

JurisdictionAustralia Federal only
Judgment Date30 July 2021
Neutral Citation[2021] FCA 879
CourtFederal Court
Date30 July 2021
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3 cases
  • Stephen Thaler v Comptroller General of Patents Trade Marks and Designs
    • United Kingdom
    • Court of Appeal (Civil Division)
    • September 21, 2021
    ...sent the court a copy of the judgment of Beach J of 30th July 2021 in the Federal Court of Australia Thaler v Commissoner of Patents [2021] FCA 879. The judgment deals with another parallel case about applications for the same inventions. Beach J decided the case in Dr Thaler's favour. Howe......
  • Commissioner of Patents v Thaler
    • Australia
    • Full Federal Court (Australia)
    • April 13, 2022
    ...underline } Federal Court of Australia Commissioner of Patents v Thaler [2022] FCAFC 62 Appeal from: Thaler v Commissioner of Patents [2021] FCA 879 File number: VID 496 of 2021 Judgment of: ALLSOP CJ, NICHOLAS, YATES, MOSHINSKY AND BURLEY JJ Date of judgment: 13 April 2022 Catchwords: PA......
  • Thaler v Commissioner of Patents
    • New Zealand
    • High Court
    • March 17, 2023
    ...language which materially differs from the United Kingdom legislation.26 19 20 21 22 23 24 25 26 Thaler v Commissioner of Patents [2021] FCA 879. At At [64]. Commissioner of Patents v Thaler [2022] FCAFC 62, (2022) 401 ALR 551. At [84]–[100]. At [98]–[111]. At [121]. At [122]. (c) On 11 Nov......
30 firm's commentaries
  • NSW Government Bulletin: Article (AI vs IP), In practice and courts, Publications, Cases and Legislation
    • Australia
    • Mondaq Australia
    • April 25, 2023
    ...Recent case law has reaffirmed the Australian position that an inventor must be a natural person. In Thaler v Commissioner of Patents [2021] FCA 879, it was found by Justice Beach that an AI system could be an inventor for the purposes of the Patents Act 1990 (Cth). Justice Beach noted that......
  • Telecommunications, Media And Technology (TMT) Law Update ' Volume 42
    • Australia
    • Mondaq Australia
    • September 24, 2021
    ...decision that artificial intelligence (AI) can be named as the inventor on a patent application: Thaler v Commissioner of Patents [2021] FCA 879. The invention was described as "DABUS", being an acronym for a device for the autonomous bootstrapping of unified sentience. Dr Thaler was the ow......
  • Telecommunications, Media And Technology (TMT) Law Update ' Volume 42
    • Australia
    • Mondaq Australia
    • September 24, 2021
    ...decision that artificial intelligence (AI) can be named as the inventor on a patent application: Thaler v Commissioner of Patents [2021] FCA 879. The invention was described as "DABUS", being an acronym for a device for the autonomous bootstrapping of unified sentience. Dr Thaler was the ow......
  • Australian appeal to determine future of global relationship with AI
    • Australia
    • Mondaq Australia
    • September 29, 2021
    ...decision-making systems Things you should know In a world-first decision handed down on 30 July 2021 (Thaler v Commissioner of Patents (2021) FCA 879), Federal Court of Australia has recognised that an AI system can be listed as an inventor for the purposes of obtaining a patent under the P......
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2 books & journal articles
  • Ai as a Patent Inventor—an Update from South Africa and Australia
    • United States
    • Full Court Press RAIL: The Journal of Robotics, Artificial Intelligence & Law No. 5-1, February 2022
    • Invalid date
    ...in London, where he delivers commercial contracts and technology-based projects for major companies and public-sector organizations.1. [2021] FCA 879....
  • DABUS gains territory in South Africa and Australia: Revisiting the AI-inventorship question
    • South Africa
    • South African Intellectual Property Law Journal No. , December 2021
    • December 10, 2021
    ...at htt ps://www.ajol info/index.php/pelj/article/vie w/183358/172722 (accessed on 11 Augus t 2021).13 Thaler v Com missioner of Patents [2021] FCA 879. 14 Patent Act No. 83 of 1990 (APA); Patent Regulations 1991 (APR).15 Stephen L T haler [20 21] AP O.16 Stephen L T haler (n15) para 34.17 P......

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