14 April 2022

On 30 July 2021, the Federal Court found in Thaler v Commissioner of Patents [2021] FCA 879 that, for the purposes of the Patents Act 1990 (Cth), an artificial intelligence (AI) system could be named as an inventor on a patent application. This decision overturned an earlier decision of IP Australia that only a human can be named as an inventor for an Australian patent.

On 9 February 2022 the Full Court of the Federal Court heard the Commissioner of Patents’ appeal to this decision.

The decision of the Full Court on 13 April 2022 unanimously found in favour of the Commissioner, allowing the appeal. This decision affirms the Commissioner’s view that for the purposes of the Patents Act 1990, an inventor named on a patent application must be a natural person.

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