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 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

Deborah Kirk discusses why IP and technology have become central pillars in transactions and explains why clients need practically minded lawyers
IP STARS, Managing IP’s accreditation title, reveals its latest rankings for patent work, including which firms are moving up
Leaders at US law firms explain what attorneys can learn from AI cases involving Meta and Anthropic, and why the outcomes could guide litigation strategies
Attorneys reveal the trademark and copyright trends they’ve noticed within the first half of 2025
Senior leaders at TE Connectivity and Clarivate explain how they see the future of innovation
A new action filed by Nokia against Asus and a landmark ruling on counterfeits by South Africa’s Supreme Court were also among the top talking points
Counsel explain how they’re navigating patent prosecution matters and highlight key takeaways from Federal Circuit cases
A partner who joined Fenwick alongside two others explains what drew her to the firm and her hopes for growth in Boston
The England and Wales High Court has granted Kirkland & Ellis client Samsung interim declaratory relief in its ongoing FRAND dispute with ZTE
A UDRP decision that found in favour of a small business in a domain name dispute could encourage more businesses to take a stand in ‘David v Goliath’ cases
Gift this article