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U.S. District Court Holds that AI Algorithms Cannot Be Listed as Inventors on Patents

IP Watchdog

September 8, 2021

Written by Aarti Shah, Kate Gaudry and Kathleen R. Geyer

On September 2, the U.S. District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent and Trademark Office and upholding the Office’s view that AI algorithms cannot be listed as inventors on U.S. patents. The court pointed to the Administrative Procedures Act’s strong deference to final agency decisions, barring any egregious errors.

Related People

Aarti Shah

Partner

Washington, DC

ashah@kilpatricktownsend.com

Kathleen R. Geyer

Associate

Seattle, WA

kgeyer@kilpatricktownsend.com