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Appeal Filed: Thaler Challenges Refusal to Recognize AI as an Inventor on a Patent

Dec 16, 2025

1 minute read

Stephen Thaler appealed to the Federal Court of Canada challenging the Commissioner of Patents' refusal of patent application 3,137,161, which listed AI system DABUS as inventor. The Patent Appeal Board rejected the application solely on inventorship grounds, concluding "inventor" means a natural person under the Patent Act. Thaler argues the interpretation should evolve to recognize AI inventorship, seeking declarations that DABUS qualifies as inventor and he owns resulting intellectual property.

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