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THALER v. VIDAL

2021-2347.

43 F.4th 1207 (2022)

Stephen THALER, Plaintiff-Appellant v. Katherine K. VIDAL, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, United States Patent and Trademark Office, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: August 5, 2022.

Attorney(s) appearing for the Case

Ryan Benjamin Abbott , Brown, Neri, Smith & Khan, LLP, Los Angeles, CA, argued for plaintiff-appellant.

Dennis Barghaan, Jr. , Office of the United States Attorney for the Eastern District of Virginia, United States Department of Justice, Alexandria, VA, argued for defendants-appellees. Also represented by Jessica D. Aber ; Farheena Yasmeen Rasheed , Peter John Sawert , Meredith Hope Schoenfeld , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Mitchell Apper, Jerusalem, Israel, amicus curiae, pro se.

Before Moore, Chief Judge, Taranto and Stark, Circuit Judges.

This case presents the question of who, or what, can be an inventor. Specifically, we are asked to decide if an artificial intelligence (AI) software system can be listed as the inventor on a patent application. At first, it might seem that resolving this issue would involve an abstract inquiry into the nature of invention...

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