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Miscellaneous Appeal – Civil (Tel Aviv) 33353-05-23 Dr. Stephen L. Thaler v. Registrar of Patents, Designs and Trademarks - part 23

December 31, 2025
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Given today, December 31, 2025, in absentia.

____________________

Tamar Avrahami, Judge

 

[1] This argument was not originally included in the patent applications and was raised later.

Thaler v. Perlmutter, 130 F.4th 1039 (D.C. Cir. 2025).[2] An appeal to the Supreme Court of the United States on this matter was filed on July 21, 2025 in Case 25-449.

[3] p. 10 of the minutes of the hearing of the appeal.

[4] In contrast to the non-linguistic connection (Barak, p. 106).

[5] In paragraph 29 of the decision, the Registrar cites some definition, apparently for the term 'survivors', but its source is not mentioned.

[6] Compare: the court's note in the judgment cited in footnote 2 above, at p. 20.

[7] and if there is room to set other criteria in a case where artificial intelligence is involved.

[8] Thaler v. Vidal, 43 F.4th 1207, 1210 (Fed Cir. 2022).

[9] Thaler v. Vidal, 143 S. ct.2497 (2023) (mem.).

[10] https://www.federalregister.gov/documents/2025/11/28/2025-21457/revised-inventorship-guidance-for-ai-assisted-inventions#footnote-8-p54636

[11] https://supremecourt.uk/uploads/uksc_2021_0201_judgment_3f445a5dc7.pdf

[12] https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Ch/2025/2202.html

[13] https://www.epo.org/boards-of-appeal/decisions/pdf/j200008eu1.pdf

[14]https://cdn.patentlyo.com/media/2024/12/DabusEPO2024.pdf?_gl=1*17th2kr*_ga*MTg5OTM2MTI5My4xNzY2MDQ1NTIx*_ga_G57FX3W4N3*czE3NjcwOTk4MjQkbzQkZzAkdDE3NjcwOTk4MjQkajYwJGwwJGgw

[15] https://link.epo.org/web/legal/guidelines-epc/en-epc-guidelines-2025-hyperlinked-showing-modifications.pdf (pp. 67-68).

[16] https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2022/2022fcafc0062

[17] https://artificialinventor.com/wp-content/uploads/2022/11/2022.11.11-Transcript-Special-leave-hearing801737754.1.pdf

[18] https://artificialinventor.com/wp-content/uploads/2024/07/BGH-DABUS-english.pdf

[19] These guidelines were effectively repealed in the USPTO Guidelines of November 28, 2025 ("The Guidance issued on February 13, 2024, titled "Inventorship Guidance for AI-Assisted Inventions" Is Rescinded in its entirety").

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