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Patent Attorney Randy McCarthy for The Patent Lawyer -AI, IP and human agency: the real significance of Thaler

August 2023

By: Randall K. McCarthy

The Patent Lawyer

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The recent denial of certiorari by the United States Supreme Court in the case of Thaler v. Vidal1 resolves, at least for now, the status of inventorship in the United States as pertaining to inventions generated by artificial intelligence (AI) systems. Under the current US patent laws, a letters patent for a new and useful invention can only be applied for in the name of a natural human. Fictional persons, whether corporate or circuit-based, need not apply. 

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