In That Case

Polly Tran: Artificial Intelligence Cannot Be Listed as an Inventor


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Shook Associate Polly Tran, together with other attorneys from the Orange County Office, take a brief look into the case of Thaler v. Hirshfeld. The U.S. District Court for the Eastern District of Virginia ruled in favor of the United States Patent and Trademark Office, affirming that artificial intelligence cannot be listed as an inventor on a patent. The court emphasized that the Patent Act requires inventors to be natural persons and rejected arguments to expand this definition to include AI, leaving the possibility of amendment to Congress in the future.


Case: Thaler v. Hirshfeld, 558 F. Supp. 3d, 238 (E.D. Va. 2021).


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In That CaseBy Shook, Hardy & Bacon