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A Creeper: Absorbing Generative AI into the Inventive Process

IP Watchdog

Patent and Trademark Office’s (USPTO) recent Request for Comments (RFC) on the impact of artificial intelligence (AI) highlights a critical juncture in intellectual property law—evaluating the impact of generative AI (GenAI) on the non-obviousness standard.

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The Quest for a Meaningful Threshold of Invention: Atlantic Works v. Brady (1883)

Patently-O

The Supreme Court ultimately reversed the lower court’s decision upholding the patent and found instead that Brady’s claimed invention lacked novelty and did not constitute a patentable advance over the prior art. Such an indiscriminate creation of exclusive privileges tends rather to obstruct than to stimulate invention.

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Discussing Stern’s “Myth of Nonrivalry” for Patent Law

Patently-O

’ This quote from Professor James Stern’s new article introduces the conventional view that ideas and information are nonrivalrous, in contrast to the rivalrous nature of tangible goods. But Stern’s new article bucks the conventional wisdom and instead argues that the nonrivalry of IP is a myth.

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Australia’s Reversal of its DABUS decision on AI-Generated Inventions: How Does this Impact an Imminent Canadian Discussion on AI Inventorship?

IPilogue

Thaler’s application for his AI, DABUS, to be the patent owner of an invention titled “ Food container and devices and methods for attracting enhanced attention ,” a product solely created by DABUS without any human interference. To recap, the decision was about Dr. Stephen L. What Does This Mean in the Canadian Context?

Invention 111
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New Era of China Patent Law

LexBlog IP

This change represents a considerable shift in the intellectual property law landscape within the country, aiming to promote an environment of genuine innovation and integrity. Genuine Inventive Activities: Requires applications to be based on real and original inventive activities.

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A Beginner’s Guide to Patenting Software and AI

IPilogue

Madelaine Lynch is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. This series provides an in-depth look at different types of intellectual property. Part 1: The Four Pillars of Patentability.

Invention 104
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Never too late: If you missed the IPKat last week!

The IPKat

Full article can be accessed here. delivered an article on the relevance of the EBA decision in case G 2/21 , and how it may effect patents in any technical field in which experimental evidence is required. . Full article can be checked out here. Chiara Gallo summarised the latest news and opportunities in IP here.