Machine inventorship: still no joy for the DABUS team (via Passle)

Dr Thaler's international crusade for recognition of machine inventorship (which I reported on last year) is nearing the end of the line in the UK. Last week, in Thaler v Comptroller General of Patents Trade Marks And Designs [2021] EWCA Civ 1374, the Court of Appeal upheld the rejection of his DABUS patent applications. In 2018, Dr Thaler, the owner of DABUS (an artificial intelligence ("AI") creativity machine) submitted two patent applications to the UKIPO naming himself as the owner and DABUS as the inventor. The UKIPO rejected his applications on the basis that, for the purposes of the Patents Act 1977 ("PA 1997"), the inventor must be a "person" (with legal personality, such as a human or a corporate entity), and considering how ownership is derived from inventorship, Dr Thaler could not be the owner in the absence of a valid inventor. In 2020, in the Court of First Instance, Marcus Smith J upheld the UKIPO's decision, concluding that section 7 PA 1997, which sets out the classes of persons to whom patents can be granted, could not be interpreted to cover non-legal persons such as machines. On that basis, he found that the UKIPO was entitled to withdraw Dr Thaler's application under section 13 PA 1997.