Decisions · Court · Australia

Commissioner of Patents v. Thaler (DABUS)

Full Court of the Federal Court of Australia · 2022-04-13 · Appellate court · Current

Commissioner of Patents v Thaler [2022] FCAFC 62

AI and inventorship

Can AI be an inventor?

Human inventors only

Overturned first-instance win: inventor must be human

Why hereCoded at the pole: its core holding or recommendation answers the question outright.

Holding

Reversing a 2021 first-instance decision that had allowed DABUS as inventor, the Full Court held an inventor must be a natural person.

Australia briefly accepted AI inventors, then reversed. A human must be named.

Principles it bears on

Sources

This record

Data as of 2026-10-21.

Drafted with AI assistance and checked against the sources linked above; not yet reviewed by a lawyer. Methodology

No changes logged yet. The change log started on 2026-10-20.