Patents and AI inventions: Recent court rulings and broader policy questions

Can an artificial intelligence (AI) system be a named inventor on a United States patent? No, says a federal appeals court in a decision issued earlier this month. The case, Thaler v. Vidal, arose from two patent applications filed in 2019 by Stephen Thaler, naming an AI system he calls DABUS (for "Device for the Autonomous Bootstrapping of Unified Sentience") as the "inventor." After the U.S. Patent and Trademark Office (PTO) informed Thaler that the applications were incomplete because they did not list a human inventor, he filed a complaint in a federal district court in Virginia. In September 2021, that court ruled against Thaler, citing "the overwhelming evidence that Congress intended to limit the definition of'inventor' to natural persons."