UPDATE ON ARTIFICIAL INTELLIGENCE (AI): USPTO FILES OPPOSITION BRIEF AT THE COURT OF APPEALS FOR THE FEDERAL CIRCUIT (CAFC) TO AFFIRM DECISION THAT AI CANNOT QUALIFY AS AN “INVENTOR.”
March 15, 2022 - The case at issue is STEPHEN THALER, Plaintiff-Appellant, v. ANDREW HIRSHFELD, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), UNITED STATES PATENT AND TRADEMARK OFFICE, Docket 21-2347 (Thaler v. Hirshfeld). It originated from the Eastern District of Virginia under Docket # 1:20-cv-00903. On September 3, 2021 the Eastern District of Virginia, ruled that under the Patent Act, an Artificial Intelligence (AI) machine cannot qualify as an “inventor.” The case involved two (2) patent applications that Stephen Thaler filed with the United...
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