Thaler v. Vidal

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Businesses are increasingly using artificial intelligence (AI) to innovate. This trend brings about new risks to intellectual property (IP), including new challenges in procuring IP protection and new risks of IP infringement. Part I of this two-part post will focus on IP procurement.

Patenting an invention requires pinning down the correct inventorship. Yet, the U.S.

A federal court ruled last week in Thaler v. Vidal (4th Cir. Aug. 5, 2022), that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming earlier rulings from the United States Patent and Trademark Office (USPTO) and the lower court in the Eastern District of Virginia.…