If you’ve been following the conversation around artificial intelligence and intellectual property, here’s the latest development: the U.S. Supreme Court has officially closed the door on whether AI can be a copyright author, at least for now.

On March 2, 2026, the Court declined to hear Thaler v. Perlmutter, ending Dr. Stephen Thaler’s multi-year effort to secure copyright protection for a piece of visual art he says his AI system, DABUS, created entirely on its own. By refusing the case, the Supreme Court left in place a lower court ruling that human authorship is a foundational requirement of copyright law.

What This Case Was Actually About

Thaler applied for a copyright registration in 2018, listing his AI software (and not himself) as the author. The U.S. Copyright Office rejected it. Federal courts upheld that rejection. The Supreme Court just refused to revisit it. Game over, for now.

This wasn’t just a copyright fight, either. Thaler ran a parallel effort in patent law, attempting to list DABUS as the sole inventor on two patent applications. The U.S. Patent and Trademark Office rejected those, too, and the courts agreed: only human beings can be inventors.

What This Means for You

Here’s the practical takeaway for entrepreneurs, creators, and inventors using AI tools in their work:

• AI is a tool, not a creator. The courts and the USPTO are aligned on this. No matter how sophisticated the AI, it cannot hold intellectual property rights.
• Your human contribution is what makes your work protectable. If you’re using AI to assist in creating something, whether it’s a design, an invention, or a written work, your creative judgment, selection, and direction establish ownership.
• Documentation matters more than ever. The USPTO’s and Copyright Office’s 2025 guidance both specifically calls out that careful documentation of human contributions to the creative and inventive process is now critical. If you’re building with AI, keep records of your decisions along the way.

The Bottom Line

This ruling doesn’t mean AI-assisted work can’t be protected. It means the human behind the work must be identifiable and genuinely involved in the creative process.  If you are using AI as part of your creative or inventive process, now is the time to make sure your IP strategy reflects that clearly.

If you have questions about how AI use affects your copyright or patent protections, we’re here to help. Call us today at (888) 666-0062 or click here to schedule your initial Discovery and Strategy Session online. Let’s make sure the work you’re creating — with or without AI — is protected the right way.

DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.