On June 6, the U.S. Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable.
The Patent Applications
As described in a companion article, which can be found here, Plaintiff Stephen Thaler, Ph.D., is the owner of a Device for the Autonomous Bootstrapping of Unified Sentience (DABUS), which he claims is an AI machine. Thaler listed DABUS as the inventor on two patent applications, one for a light beacon and one for a beverage container, that he filed with the U.S. Patent and Trademark Office (USPTO). After the USPTO determined that an inventor must be a natural person, thereby excluding DABUS, Thaler filed a civil action seeking review of the USPTO’s decision.