Australian Patent Office to appeal DABUS decision

Date: 2021-08-30
Author: Tian Liang

The Australian Patent Office has appealed the Federal Court decision that an AI system can be an inventor

Australian Patent Office to appeal DABUS decision

As discussed in our recent legal update and article, the Australian Patent Office had the option to appeal the decision in Thaler v Commissioner of Patents [2021] FCA 879 to the Full Court of the Federal Court of Australia. Earlier today, on its website, the Australian Patent Office indicated that it has done just that.

According to the website publication, the Australian Patent Office considers that Australia’s patent legislation is incompatible with permitting an AI system to be named as an inventor on a patent application. It will be very interesting to see the arguments that the Patent Office presents in the appeal in support of this proposition.

We will continue to keep you informed with developments in the appeal as and when they occur.