Thaler seeks special leave to appeal to the High Court on AI inventorship

As reported earlier, the Full Court recently determined in Commissioner of Patents v Thaler [2022] FCAFC 62 that a device characterized as an artificial intelligence machine cannot be considered an ‘inventor’ within the meaning of the Patents Act 1990.

Counsel for Dr Stephen Thaler, the applicant for Australian patent application no. 2019363177 which names an AI machine DABUS as the sole inventor, has now filed a special leave application to the High Court seeking to appeal the Full Court decision. The High Court is Australia’s apex court.

Successful special leave applications are relatively rare, as the High Court must be satisfied that the appeal involves a question of general principle of law sufficient to warrant the grant of special leave or be in the public interest. An outcome for the special leave application may be available later this year.

BE(Hons) Mechatronics MIP FIPTA

Helen joined the intellectual property profession in 2009 because of her passion for innovation and cutting-edge technology. Since then, Helen has successfully obtained patents, trade marks and designs for many businesses in Australia and overseas in a large number of technology areas including machine learning and image classification, second-life battery systems, automation, smart devices, medical apparatus, manufacturing processes and equipment, subsea mining technology, automotive technology, audio signal processing, embedded software, and control systems. Helen is experienced in drafting patent specifications, prosecuting patent application in Australia and overseas, providing infringement and validity opinions, conducting searches and providing general IP advice. Since joining Phillips Ormonde Fitzpatrick in 2017, Helen has developed a further specialisation in artificial intelligence and software patents. In 2019, Helen completed AI Programming with Python, a future skills course from Royal Melbourne Institute of Technology, where she gained hands on experience building an image classifier using convolutional neural networks, which enabled her to further develop her understanding and appreciation for AI and Machine Learning algorithms.