Recent Cases

Commissioner of Patents v Thaler [2022] FCAFC 62 (13 April 2022) (Allsop CJ, Nicholas, Yates, Moshinsky and Burley JJ)


PATENTS – artificial intelligence – where Patents Regulations 1991 (Cth) require name of the inventor to be provided in application under the Patent Cooperation Treaty – where patent application named DABUS, an artificial intelligence machine, as inventor – where parties agreed that the invention described in the patent application was the output of the process undertaken by DABUS – where Deputy Commissioner of Patents determined that patent application did not comply with Patents Regulations – where primary judge set aside decision of Deputy Commissioner – concept of “inventor” under the Patents Act 1990 (Cth) – whether inventor must be a natural person – relationship between inventor and person entitled to be granted a patent – appeal allowed