SCOTUS rejects plea to review DABUS decision

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

SCOTUS rejects plea to review DABUS decision

ai robot thinking

The US Supreme Court will not hear a case that determines whether AI can be listed as an inventor on a patent application

The US Supreme Court declined to hear a petition for a writ of certiorari over whether artificial intelligence can be listed as an inventor on Monday, April 24.

Stephen Thaler filed the petition last month after the Court of Appeals for the Federal Circuit rejected his attempt to list an AI tool called DABUS as the inventor on a patent application.

The Federal Circuit’s decision, handed down in August last year, upheld both a summary judgment from the District Court for the Eastern District of Virginia and the USPTO’s initial rejection of the application.

Though Thaler was unsuccessful, The Chicago Patent Attorneys, Brooklyn Law Incubator & Policy Clinic, and a group of four professors filed amicus briefs in his favour.

The USPTO declined to respond to the petition unless asked by SCOTUS.

Thaler has sought to get DABUS named as an inventor around the world. Last month, the UK Supreme Court, which has agreed to hear the case, heard oral arguments in the dispute.

Each of the intellectual property offices where DABUS applications have been filed has rejected them except for South Africa’s, which does not conduct substantive pre-grant examination.

The campaign enjoyed little success in the courts until the Federal Court of Australia found in 2021 that Australia’s Patents Act did not explicitly require an inventor to be a natural person.

However, that finding was overturned in November last year.


more from across site and SHARED ros bottom lb

More from across our site

Explosm, the independent Texas studio behind the hit webcomic Cyanide & Happiness, partnered with Temu’s IP protection team to combat counterfeiters infringing on its brand
The latest in a dispute over juicing machines, and a shakeup in judicial compositions were also among the top developments
Patent partner Robert Hollingshead explains why the firm remains committed to Japan despite several US firms exiting the Japanese and greater Asia market
Emma Green, partner at Bird & Bird, shares why the Iceland v Iceland dispute could prompt businesses and lawyers to think differently about brand enforcement
Attain IP, developed by two UK patent lawyers, will meet ‘forensic’ needs of patent attorneys by showing a verifiable reasoning chain, according to its co-founders
The High Court of Australia has allowed a fashion designer to retain her registered ‘Katie Perry’ trademark for clothing
Sim & San secured the win for Dr. Reddy’s, which will allow the pharma company to manufacture and export semaglutide, the active ingredient in Ozempic
Lucas Amodio joins our ‘Five minutes with’ series to discuss artificial intelligence systems and patent law
The Americas research cycle has commenced, so don't miss the opportunity to submit your work
Practitioners have welcomed extended funding of the specialist police unit until 2029, while the UKIPO says it is exploring increased scale
Gift this article