Patents - The DABUS Appeal
Drachma Coin depicting the Automaton Talon Author Jastrow Copyright Released by owner Source Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Arnold and Birss and Lady Justice Elisabeth Laing) Thaler v Comptroller of Patents, Trade Marks and Designs [2021] EWCA Civ 1374 (21 Sep 2021) This was an appeal by Dr Stephen Thaler against the decision of Mr Justice Marcus Smith in Thaler v The Comptroller-General of Patents, Designs and Trade Marks [2020] EWHC 2412 (Pat) (21 Sept 2020) which I discussed in Thaler v The Comptroller - The Patents Court decides whether Machines can be Inventors on 22 Sept 2020. Readers will recall that Mr Thaler has made a "creativity machine" called DABUS. He alleged that DABUS had invented a Food Container and Devices and methods for obtaining advanced attention which he applied to patent. The Comptroller refused Dr Thaler's application and his decision was upheld by Mr Justice Marcus Smith....