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ARTICLE · 08 JANUARY 2021

Thaler Vs Controller General Of Patents, Design, And Trademarks

Khurana & Khurana, Advocates and IP Attorneys
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The influx of AI in various businesses intricate has forced the companies to rethink the base of a business and change their attitude towards more prospective business strategy...

IndiaIntellectual Property

The influx of AI in various businesses intricate has forced the companies to rethink the base of a business and change their attitude towards more prospective business strategy including innovation from AI. The Special Patent Court of High Court of England & Wales in the case of Stephen L Thaler Vs Comptroller General of Patents, Design and Trade Mark  ([2020] EWHC 2412 (Pat)) clarified that AI cannot be granted a patent.

Brief of the case

This case is a celebrated case of the United Kingdom (‘UK'). It starts from two patent applications, GB1816909.4 and GB1818161.0, respectively filed by Thaler in his name, in the United Kingdom Intellectual Property Office (‘IPO') for the grant of patents. The application specifies that Thaler was not an inventor, which is possible as Section 30 of the Patents Act 1977 (‘the Act') states that the right to apply for a patent is transferable. IPO subsequently notified Thaler to file the statement of inventor-ship and the right to

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