Thaler v Comptroller General of Patents, Designs and Trade Marks

Subject Matter

PATENT — Grant — Formalities — Statutory requirement that applicant for patent identify inventor — Whether requirement satisfied if machine identified rather than natural person — Whether inventor of machine to be regarded as inventor of machine’s inventions — Patents Act 1977 (c 37), ss 7, 13(2)

[2020] EWHC 2412 (Pat); [2020] Bus LR 2146; [2020] WLR(D) 526, Ch D

PATENT — Grant — Formalities — Statutory requirements that applicant for patent identify inventor and indicate derivation of right to be granted patent — Applicant identifying inventor as artificial intelligence machine and claiming right to grant of patent by virtue of ownership of machine — Whether statutory requirements satisfied — Patents Act 1977 (c 37), ss 7, 13(2)

[2021] EWCA Civ 1374; [2022] Bus LR 375; [2021] RPC 19, CA

PATENT — Grant — Formalities — Applicant filing patent application and identifying inventor as artificial intelligence machine — Whether applicant required to name natural person as inventor — Whether applicant deriving right to be granted patent by virtue of ownership of machine — Patents Act 1977 (c 37), ss 7, 13(2)

[2023] UKSC 49; [2024] Bus LR 47; [2024] 2 All ER 527, SC(E)

Appellate History

Commentary

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