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UK Judge Upholds Refusal of DABUS Patents

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In the latest decision regarding inventions made by the DABUS artificial intelligence machine, the England & Wales High Court has upheld two decisions of the UK Intellectual Property Office (UKIPO) deeming the UK patent applications to be withdrawn. In a judgment on September 21, Mr Justice Marcus Smith found that all the grounds of appeal filed by the applicant, Dr Thaler, must be dismissed. (Thaler v The Comptroller-General of Patents, Designs And Trade Marks [2020] EWHC 2412 (Pat).) As previously reported by IPWatchdog, the patent applications (for a fractal container and a neural flame) have been filed in many jurisdictions. The applicant claims that they are the autonomous output of the DABUS machine. Like the UKIPO, the EPO and USPTO have published decisions refusing to accept them.

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