LexBlog IP

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. On February 13, 2024, the U.S. The Guidance begins with the premise that only natural persons can be named as inventors on U.S.

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Inventor Invention Patent Designs 52

JD Supra Law

MAY 3, 2024

On April 30, 2024, the U.S. Patent and Trademark Office (PTO) issued a Request for Comment on how AI technology could affect the PTO’s evaluation of patentability, particularly with respect to qualifying prior art and the level of ordinary skill in the art.

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Inventor Art Technology Trademark 62

The IPKat

FEBRUARY 13, 2024

The updated EPO Guidelines for Examination will enter into force on 1 March 2024. Designation of the inventor (A-III-7) A-III-7 now states that the EPO will check whether the designated inventor is a natural person. This update follows the decision in J 8/20 (DABUS) that an AI cannot be designated as an inventor ( IPKat ).

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Invention Art Inventor Designs 70

The IPKat

FEBRUARY 14, 2024

On 12 February 2024, the United States Patent and Trademark Office (USPTO) announced with a press release the publication of its Inventorship Guidance for AI-Assisted Inventions (Guidance). The Guidance has been published and will be effective from 13 February 2024. Iolab Corp. )

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Invention Publishing Inventor Designs 83

Intellectual Property Law Blog

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. But the rise of generative AI is changing how we invent: it is becoming increasingly prevalent that inventions are now generated in a collaboration between human inventors and AI systems that together develop novel solutions to problems. 101 and 115.

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Invention Inventor Patent Application Patent 130

IP Close Up

JANUARY 3, 2024

IP CloseUp, weekly perspective on intellectual property trends and business, broke through 392,000 views and 272,000 visits in 2023, on its way to 400,000 plus Continue reading

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Intellectual Property IP Inventor Invention 91

JD Supra Law

FEBRUARY 19, 2024

Patent and Trademark Office ("USPTO") recently issued inventorship guidance for inventions where a human inventor was assisted by artificial intelligence ("AI"). The guidelines were published in the Federal Register on February 13, 2024. By: Jones Day

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Invention Inventor Publishing Trademark 85

JD Supra Law

APRIL 30, 2024

On April 26, 2024, the U.S. The Act seeks to uphold the goals of the United States Patent System to, “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries,’’ as provided for in the Constitution of the United States.

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Inventor Art Patent 68

LexBlog IP

MARCH 11, 2024

Accordingly, the USPTO responded to its first directive and issued its Inventorship Guidance for AI-Assisted Inventions on February 13, 2024. [2] Instead, an analysis utilizing the Pannu factors determines if the human inventor(s) has made a significant contribution to each claim in the patent or patent application.

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Invention Inventor Intellectual Property Patent 52

JD Supra Law

FEBRUARY 14, 2024

12, 2024, regarding the use of artificial intelligence (AI) while developing new inventions. Court of Appeals for the Federal Circuit previously held that an AI system cannot be named as an inventor on a patent, but its opinion left open the…. Patent and Trademark Office (USPTO) issued new guidance on Feb.

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Inventor Invention Trademark Patent 65

The IP Law Blog

FEBRUARY 15, 2024

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention. However, each claim must have been invented by at least one named inventor.

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Invention Inventor Patent Patent Application 109

JD Supra Law

FEBRUARY 29, 2024

The USPTO published its new “Inventorship Guidance for AI-assisted Inventions” on the Federal Register on February 13, 2024.

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Inventor Invention Publishing 65

Patently-O

MAY 10, 2024

The Rising Trend USPTO data from the last two decades reveal a noticeable increase in the percentage of issued patents with a terminal disclaimer, from 9% in 2006 to more than 18% by 2024, with a major jump from the prior trend in 2023. To submit comments via the eRulemaking portal, you have to search for docket number PTO-P-2024-0003.

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Patent Inventor Patent Law Publishing 52

The IPKat

FEBRUARY 20, 2024

The Guidance will assist examiners to determine whether a natural person’s contribution in AI-assisted inventions is significant enough to be considered an inventor. She also alerted readers to the upcoming public webinar on 5 March 2024 and that the USPTO is seeking public comments on the Guidance by 13 May 2024.

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Moral Rights Intellectual Property Editing Inventor 67

Patently-O

APRIL 16, 2024

This portion of the bill is entitled the “ Venue Equity and Non-Uniformity Elimination Act of 2024 or VENUE Act.” Although the proposal does not create a right to immediate appeal, it does set a standard for mandamus that would seem to permit immediate relief of erroneous transfer denials for improper venue.

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Patent Invention Business Inventor 45

Intellectual Property Law Blog

FEBRUARY 28, 2024

In October 1996, the provisional application to which the ’094 patent claims priority was filed and the two inventors of the ’094 patent assigned their rights in the invention to USF. By December 1996, the two inventors of the ’094 patent changed their employer from USF to Mayo Clinic. February 9, 2024) United States , No.

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Licensing Invention Government Inventor 130

IIPRD

APRIL 2, 2024

The nature of the pharmaceutical industry, where it is costly to discover new drugs but relatively inexpensive to produce generic versions, leads to a constant struggle between inventors and generic drug companies. 6, 2024). [ii] 7, 2024). [ix] 06, 2024). [x] i] World Trade Organization, [link] (last visited Mar.

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Intellectual Property Branding Brands Branding 105

IP Intelligence

FEBRUARY 23, 2024

1] The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. 2] Section II of the Guidance confirms the USPTO’s position, and that of the Federal Circuit, regarding who can be named an inventor on patents or applications. In Thaler v. 4] Based on U.S.

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Invention Inventor Patent Application Designs 52

LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). The Federal Circuit previously held that an AI system cannot be listed as an inventor in Thaler v. Vidal , 43 F.4th 4th 1207 (Fed. Iolab Corp. , 3d 1344 (Fed.

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Invention Inventor Intellectual Property Law Intellectual Property 52

IP Tech Blog

MARCH 5, 2024

The Guidance acknowledges the importance of human inventors in AI-assisted inventions, so that the patent system can continue to incentivize and reward human ingenuity. Vidal , which held that “only a natural person can be an inventor,” and consequently, that an AI system cannot assume that role. In compliance with section 5.2(c)(i)

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Invention Inventor Patent Patent Application 57

LexBlog IP

FEBRUARY 15, 2024

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention.

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Invention Inventor Patent Patent Application 52

The IPKat

DECEMBER 10, 2023

The event, titled “Copyright and Generative AI: Putting input issues under the spotlight”, will be held on March 20, 2024 in London and live streamed. PhD Summer School on AI and Law The University of Tübingen (Germany) is organising a PhD Summer School in Artificial Intelligence and EU Law on May 13-17, 2024. For details, click here.

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LexBlog IP

FEBRUARY 26, 2024

The Guidance aims to clarify how patent applications involving AI-assisted inventions will be examined by patent examiners, and reaffirms the existing jurisprudence maintaining that only natural persons, not AI tools, can be listed as inventors. The USPTO is seeking public feedback on the Guidance, which is due by May 13, 2024.

Invention 52

Invention Inventor Patent Patent Application 52

LexBlog IP

MARCH 5, 2024

The Guidance acknowledges the importance of human inventors in AI-assisted inventions, so that the patent system can continue to incentivize and reward human ingenuity. Vidal , which held that “only a natural person can be an inventor,” and consequently, that an AI system cannot assume that role.

Invention 52

Invention Inventor Patent Patent Application 52

LexBlog IP

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. ” But the rise of generative AI is changing how we invent: it is becoming increasingly prevalent that inventions are now generated in a collaboration between human inventors and AI systems that together develop novel solutions to problems. 101 and 115.

Invention 52

Invention Inventor Patent Application Patent 52

Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. So, although these designers are often design patent inventors, they have been prohibited from becoming patent practitioners.

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Design Patent Designs Design Graphic Design 110

LexBlog IP

JANUARY 8, 2024

On January 5, 2024, in litigation between REGENXBIO and Sarepta Therapeutics, Judge Richard Andrews of the U.S. A trial was scheduled to begin on January 29, 2024. District Court for the District of Delaware District Court granted summary judgment for Sarepta and ruled that University of Pennsylvania’s (“Penn”) U.S.

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Litigation Patent Inventor Invention 52

LexBlog IP

FEBRUARY 21, 2024

The guidance, which went into effect February 13, 2024, makes clear that AI-assisted inventions are not categorically unpatentable. The USPTO issued inventorship guidance and examples for AI-assisted inventions.

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Invention Inventor Patent Application Publishing 40

Patently-O

JANUARY 9, 2024

by Dennis Crouch The text of pre-AIA Section 102(a) suggests that an inventor’s own prior publication qualifies as invalidating prior art, even if within the 1-year grace period. Oral arguments were held January 8 2024, and a decision is expected later this year. ” In re Katz , 687 F.2d 2d 450 (C.C.P.A. 22-2153 (Fed.

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Inventor Art Invention Patent 49

Patently-O

FEBRUARY 26, 2023

Does it matter whether the person doing the using is a member of the public, as opposed to the inventor? Most cases of “public use” have involved use by at least one member of the public—“a person other than the inventor who is under no limitation, restriction or obligation of secrecy to the inventor.” forthcoming 2024).

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Public Use Inventor Invention Art 91

SpicyIP

JANUARY 31, 2024

Bar and Bench ( paywalled ) reported that the case is not only concerned with the use of the above image but also the tagline “Inventors of Butter Chicken and Dal Makhani.” ” Coming to the case: The question “Who is the inventor ,” hints at a potential patentability issue which the case nowhere seems to be about.

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LexBlog IP

FEBRUARY 15, 2024

The USPTO listed five non-exhaustive factors to assist in determining whether a human’s contribution is significant enough to qualify the human as an inventor. The USPTO will host a webinar on March 5, 2024, to explain its new guidance further.

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Inventor Invention Reporting Patent 40

The IPKat

MAY 20, 2024

Comments are due by 29 June 2024. Tian Lu updated readers on the fate of the DABUS patent applications in China, where the invalidity of the patent application was recently upheld on the grounds that an ‘AI system’ cannot be defined as the inventor. Details here.

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Invention Art Patent Application Inventor 62

Trading Secrets

MARCH 15, 2024

2024), a case that may reshape the dynamics between trade secrets and patent rights. Potential Consequences of the Case Traditionally, inventors had to choose between patenting a new process or keeping it a trade secret. This blog has been cross-posted to Seyfarth’s Gadgets, Gigabytes & Goodwill site. v ITC, 22-1827 (Fed.

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Invention Patent Confidentiality Patent Application 52

LexBlog IP

OCTOBER 17, 2023

Eliezer FTEEP: Tailored for First-Time Inventors in the U.S. Patent and Trademark Office (USPTO) launched a new initiative, the First-Time Filer Expedited Examination Pilot Program (FTEEP), to make the patent system more accessible for inventors new to the patent application process. Non-Provisional Utility Patent Space The U.S.

Inventor 52

Inventor Patent Application Intellectual Property Law Patent 52

LexBlog IP

MARCH 15, 2024

2024), a case that may reshape the dynamics between trade secrets and patent rights. Potential Consequences of the Case Traditionally, inventors had to choose between patenting a new process or keeping it a trade secret. This blog has been cross-posted to Seyfarth’s Gadgets, Gigabytes & Goodwill site. v ITC, 22-1827 (Fed.

Invention 52

Invention Patent Confidentiality Patent Application 52

LexBlog IP

MARCH 13, 2024

2024), a case that may reshape the dynamics between trade secrets and patent rights. Potential Consequences of the Case Traditionally, inventors had to choose between patenting a new process or keeping it a trade secret. On March 4, the Federal Circuit, heard oral arguments for Celanese Int’l. v ITC, 22-1827 (Fed.

Invention 52

Invention Patent Confidentiality Patent Application 52