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Showing posts with the label Thaler

The End of DABUS?

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Nucleus of 103P/Hartley as imaged during a spacecraft flyby Author  NASA/JPL-Caltech/UMD   Licence  Public Domain   Source  Wikimedia Commons Jane Lambert Patents Court (Michael Tappin KC) Thaler v The Co mptroller-General of Patents, Designs and Trade Marks ( Re Permission to Appeal) [2025] EWHC 3072 (Ch) (21 Nov 2025) In Thaler v The Comptroller-General of Patents, Designs and Trade Mark s [2025] EWHC 2202 (Ch) (1 Sept 2025), Mr Michael Tappin KC, sitting as a deputy judge of the High Court, dismissed an appeal by Dr Stephen Thaler ("Dr Thaler") against the decision of Mr Andrew Bushell in Thaler v Comptroller-General of Patents, Designs and Trade Marks O/0764/24 of 24 Aug 2024.  I discussed that case in The Return of DABUS   on 7 Sept 2025. The case note summarizes the history of the litigation and links to other articles that I have written about DABUS ("Device for Autonomous Bootstrapping of Unified Sentience") and the efforts of its...

The Supreme Court's Judgment in DABUS

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Author Dietary Rabich   Licence CC BY-SA 4.0 Deed   S ource Wikimedia Commons Jane Lambert Supreme Court  (Lords Hodge, Kitchin, Hamblen, Leggatt and Richards)   Thaler v Comptroller General of Patents, Designs and Trade Marks   [2023] UKSC 49 (20 Dec 2023) I mentioned the hearing of the appeal from the Court of Appeal's judgment in  Thaler v Comptroller General of Patents Trade Marks And Designs   [2021] RPC 19, [2022] Bus LR 375, [2021] EWCA Civ 1374 in DABUS in the Supreme Court   on 12 April 2023.  On 20 Dec 2023, the Supreme Court dismissed that appeal in  Thaler v Comptroller-General of Patents, Designs and Trade Mark s [2023] UKSC 49.  The Court's judgment was delivered by Lord Kitchin. What This Appeal Was Not About In paras [48] and [49] of his judgment, Lord Kitchin said: "[48] The Comptroller has emphasised, correctly in my view, that this appeal is not concerned with the broader question whether technical advances gener...

DABUS in the Supreme Court

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Lord Kitchin* Jane Lambert Supreme Court (Lords Hodge, Kitchin, Hamblen, Leggatt and Richards) Thaler v Comptroller General of Patents, Designs and Trade Marks 2 March 2023 "DABUS" stands for "Device for Autonomous Bootstrapping of Unified Sentience". It was created by Dr Stephen L Thaler . who has trained it to invent  a food container  and  devices and enhanced devices and methods for attracting enhanced attention .  Dr Thaler has applied for patents for those inventions in several countries including the UK His applications have been rejected by the European, British and American and most of the world's other patent offices on the ground that an inventor must be a natural person.  The only country in which he has been successful is South Africa (see the South African Patent Journal July 2021 Vol 54 No 07 ). There is a list of Patents and Applications   for those inventions   on The Artificial Inventor Project website. In the United Kingdom, Dr T...