SCOTUS rejects plea to review DABUS decision

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

The opinion provides useful guidance when it comes to how courts might consider contributory infringement, DMCA claims, and other issues in AI copyright cases
Ericsson joining Avanci Video as a licensor and the EUIPO's plans for AI use were also among the top talking points this week
The 2025 EMEA ceremony, held at the Royal Lancaster Hotel in London, also recognised in-house practitioners and rising stars
Leaders at Malaysian law firm Skrine explain why cost remains a major pain point for Malaysian businesses and how client service can help a firm stand out
Wendy Heilbut of Heilbut LLP explains some of the hidden risks of using AI to help create a new brand
The law firms that signed an amicus brief in support of others under attack must be lauded, but more large firms should join them
Lisa Kobialka, partner at Kramer Levin, believes the combination will better position the group to work on multi-jurisdictional disputes
Senior members of Dentons Link Legal discuss how the firm’s integration with IP boutique Aumirah, and being part of the wider Dentons group, will help scale the firm’s IP practice
The court announcing it will follow the EPO on inventive step, a case with a Chinese element, and three big settlements were among the top talking points this fortnight
US firms have been on top of the lateral hiring market and performed strongly in Managing IP's Americas Awards and the IP STARS rankings, a trend that could continue this year
Gift this article