AI Inventorship Decision Leaves Open Questions

By Susan Krumplitsch, Ellen Scordino and Monica De Lazzari (September 17, 2021, 6:10 PM EDT) -- Earlier this month, the U.S. District Court for the Eastern District of Virginia issued the first court opinion in this country addressing whether an AI system can be named as an inventor on a patent.[1]

Consistent with decisions from the U.S. Patent and Trademark Office, as well as the European Patent Office, or EPO, and U.K. Intellectual Property Office, or IPO, the court in Thaler v. Iancu found that an AI system cannot be named as an inventor on a patent, holding that an inventor must be a natural person.

The Eastern District of Virginia opinion has added to the cross-border...

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