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

The firm, which has also hired a senior trademark leader to lead operations in the region, believes greater China to be one of the most important IP jurisdictions
Attorneys at Gibson Dunn share why plaintiffs’ growing reliance on DMCA anti-circumvention claims in AI scraping cases exposes a critical vulnerability
Tom Carver, who spent the last 18 months sailing the Mediterranean, tells Managing IP why he’s ready to return to land
US law firms highlight litigation profitability and client demand as driving forces behind a boom in lateral hires in the life sciences sector
The move marks the latest step in Temu’s push to protect brands’ intellectual property by collaborating with industry groups and enforcement agencies. Managing IP learns about a rapidly scaling strategy and two success stories
A counterfeiting crackdown targeting fake FIFA World Cup merchandise and new partner hires by CMS, HGF and Winston Strawn were also among the top talking points
Law firms need to accept the hard truth: talent migration isn't personal; it's business as usual
Judge Alan Albright is to leave his role at the Western District of Texas, and could return to private practice
Stobbs has successfully seen off a contempt of court application filed against the firm and two of its lawyers
After almost a quarter of a century, Marshall Gerstein has a new managing partner
Gift this article