Wesley W. Wallender is Emeritus Professor of Hydrology and Engineering at the Departments of Land, Air and Water Resources (Hydrology Program) and Biological and Agricultural Engineering of the University of California, at Davis. Professor Wallender’s research includes modeling and measurement of precipitation- and irrigation-driven watersheds from submeter to kilometer scales. His specific subject matter interest includes water, energy and chemical transport for sustainable agroecosystems. He is a former editor of Soil and Water Division of the American Society of Agricultural and Biological Engineers and a former member of the Surface Irrigation Hydraulics Committee of this organization. Dr. Wallender has been a recipient of numerous awards and honors including acknowledgement by Who’s Who Among Students in American Universities and Colleges, Phi Kappa Phi, Sigma Xi, Alpha Zeta, Tau Beta Pi, Blue Key, Who’s Who in California, and Who’s Who in Engineering Education, American Society of Agricultural and Biological Engineers, Technical Reviewer Special Recognition, American Society of Civil Engineers, Best Practices Paper Award, American Society of Civil Engineers, Best Research Paper Award, American Society of Civil Engineers, Invited Paper 125th Anniversary, Distinguished Alumnus Award, Utah State University, College of Engineering (BIE), Who’s Who in Agricultural Higher Education, American Society of Agricultural and Biological Engineers, Invited Paper 100th Anniversary, American Society of Agricultural and Biological Engineers, Leadership Citation, American Society of Agricultural and Biological Engineers, Fellow, American Society of Civil Engineers, Royce J. Tipton Award, and American Society of Agricultural and Biological Engineers, ADS/Hancor Award. His complete curriculum vitae is available at [email protected]
Whether or not the law recognizes a machine as the inventor-at-law, the facts are indispensable to determination of the true inventor-in-fact. In the case of Stephen Thaler’s attempt to obtain patent protection for a food container and light stick he says were independently invented by his AI machine, DABUS, the inventor-in-fact will be either Thaler or his machine. The procedural posture of Thaler v. Vidal caused the discourse to jump over the facts of how the food container and the light stick were invented by DABUS. These overlooked facts may reveal the true inventor, regardless of whether or not the type of inventor is recognized by the current law.
“Mathematical Formulas and Relationships” fall under the “Abstract Idea” exception to the categories of patentable subject matter. Characterizing the “Mathematical Formulas and Relationships” as “Abstract Ideas” has led to misrepresentation of mathematical concepts in patent law. A “Mathematical Formula or Relationship” is a means of expression and should be inspected to extract what it expresses. Next, the content that is being expressed may be evaluated to determine whether the “Mathematical Formula or Relationship” is expressing a “Tool” or a “Model,” both of which are used for building machines and devising technological processes and neither of which needs to be categorically excepted from patentability.