IP Watchdog

SEPTEMBER 7, 2021

District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent and Trademark Office (USPTO) and upholding the Office’s view that AI algorithms cannot be listed as inventors on U.S.

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Fish & Richardson Trademark & Copyright Thoughts

APRIL 26, 2021

For World IP Day, Fish Principal and chair of Fish’s Diversity & Inclusion Initiative , Ahmed Davis , authored the article “Celebrating Black Inventors on World IP Day” for the National Law Journal, which celebrates the contributions of Black inventors who all too often get overlooked.

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Intepat

DECEMBER 24, 2021

The question then becomes whether these AI-generated inventions are patentable under present patent law. In our previous blog post, we explained how the EPO released its judgment outlining the reasons for the rejection of two European patent applications in which an AI system was named as the inventor. BACKGROUND.

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Velocity of Content

MARCH 16, 2022

Stephen Thaler , owner and developer of a patent-writing program known as DABUS , submitted patent applications in several countries. As a result of these applications, the government of South Africa recognized DABUS as the inventor on a patent. The post Can an AI be Properly Considered an Inventor?

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IP Watchdog

JANUARY 21, 2024

As reported on IPWatchdog, the UK Supreme court recently ruled that a trained neural network (an Artificial Intelligence known as DABUS) could not be listed as the inventor on two patent applications filed by Dr. Stephen Thaler at the UK Intellectual Property Office (UKIPO).

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. Read the full article on Managing IP. PDF copy available. Inventorship. Practice tip.

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IPilogue

SEPTEMBER 2, 2022

Giuseppina D’Agostino is the Founder & Director of IP Osgoode and the IP Innovation Clinic, an Associate Professor at Osgoode Hall Law School, and the Editor-in-Chief of the IPilogue and the Intellectual Property Journal. Our IPilogue is one of Canada’s leading IP Blogs with an enthusiastic international following.

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LexBlog IP

AUGUST 16, 2023

I can only go on what is written in the article. But assuming Weber’s account is a fair assessment, I would suggest that it raises additional questions about the ongoing global efforts – driven by Professor Ryan Abbott and his Artificial Inventor Project – challenging the legal barriers to AI inventorship and authorship.

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The IPKat

OCTOBER 13, 2023

In decision G1/22 and G/22 (press release and decision found here ), the EBA had to answer the question as to whether the co-applicant of a PCT application who is different from the inventors named in a US priority application can, in the European phase, validly rely on the priority right under Article 87(1) EPC?

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LexBlog IP

JULY 26, 2022

PatentNext Summary: The Legal Board of Appeal (the “Board”) of the European Patent Office (EPO) recently suggested that the owner of an artificial intelligence (AI) machine could possibly be listed as an inventor of an AI-generated Invention. ” J 8/20 (Designation of inventor/DABAS) at para.

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IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. Top 10 Most Read IPilogue Articles Published in 2021.

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Patently-O

AUGUST 1, 2021

Recent Headlines in the IP World: Mike Peterson: Apple Hit with Patent Infringement Lawsuit for Selling a Smart Water Bottle (Source: Apple Insider). Shoshana Wodinsky: Australian Court Rules That Yes, AI Can Be an Inventor (Source: Gizmodo). Commentary and Journal Articles: Atty. Source: SCRIBD. David Beck and Atty.

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The IPKat

AUGUST 8, 2021

This Kat is just back from a jaunt around the IP blogs While the summer pause is in full swing, the IP blogosphere continues to provide its insights. Patents FOSS Patents analysed a recent decision of the Düsseldorf appeals court in the SEP/FRAND case of Via v.

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IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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LexBlog IP

JULY 20, 2021

This case concerns the question of whether a patent may be granted for an invention that was devised by a machine, rather than by a human inventor. And in March I reported that an application had been filed in the Federal Court for review of the Patent Office decision.

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LexBlog IP

MARCH 7, 2022

The appointment of an expanded panel (three judges is usual), including the Chief Justice, is notable, and suggests that the court considers the question of whether a machine can be an inventor for the purposes of the Patents Act 1990 to be one of particular legal importance.

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Patent Trademark Blog

FEBRUARY 22, 2023

Are there any requirements for getting a design patent? Design patents can be quite powerful. They are part of a complete IP package you should consider to build a moat around your product. Even though design patents are easier to get than utility patents, it is still possible for a design application to be rejected.

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Kashishipr

JULY 28, 2021

” The said doctrine is limited in scope through the application of different tests that are later discussed in this article. It may so happen that in furtherance of uncovering non-literal infringement, the doctrine may help envelop even those elements that may only be impliedly found in the Patent Application.

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IP Watchdog

MARCH 28, 2023

companies and inventors still filed more patent applications with the European Patent Office (EPO) than any other country, according to its Patent Index 2022, which was released today. patent applications numbered 48,088, a 2.9% The index showed that U.S. increase from 2021.

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IP Watchdog

NOVEMBER 14, 2023

This milestone comes during a particularly prolific period for design patents. In 2022 alone, the USPTO received more than 50,000 design patent applications. The Office has seen a 20% growth in design patent applications over the last five years.

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The IP Law Blog

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. Such inventions may be protectable under federal patent laws. After looking at all known IP assets, look into what may be unknown.

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IP Watchdog

JULY 25, 2021

As such, AI has been shown to have near endless applications, driving a surge of inventions and related patent application filings. Many AI-based systems are able to recognize trends, patterns and connections, test hypotheses using available data sets, and continuously improve decision trees based on user input.

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IP Watchdog

MAY 14, 2023

Patent and Trademark Office (USPTO) finding that AI cannot be considered a named inventor to a patent application remains the law of the land. The issue of AI inventorship in the United States remains at large following the Supreme Court’s denial of cert in Thaler v. Vidal, meaning that the U.S.

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IP Watchdog

DECEMBER 6, 2021

While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos. patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application.

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Kashishipr

FEBRUARY 2, 2022

Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share. However, keep in mind that using your IP assets to support the current and future market position of your business can prove to be a major challenge. Managing the IP Portfolio Well.

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IPilogue

APRIL 1, 2022

This article is part of a series covering the 5th Annual IP Data & Research Conference, hosted by the Canadian Intellectual Property Office and the Centre for International Governance Innovation. Where do Canadians Patent? Implications for Canada’s Patent Regime. Blit puts forward several potential explanations.

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IP Watchdog

OCTOBER 21, 2022

This week in Other Barks & Bites: Congress members urge the Biden Administration to protect vaccine IP; the CAFC once again denies an inventor’s push to list an artificial intelligence (AI) machine as a sole inventor on a patent; Microsoft receives a favorable ruling in patent infringement battle; a U.S.

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IP Watchdog

SEPTEMBER 12, 2021

Patent and Trademark Office (USPTO), discussing the issue of inconsistent statements made by patent applicants pursuant to their disclosure requirements at the USPTO and other federal agencies, especially the U.S. Food and Drug Administration (FDA).

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IP Watchdog

APRIL 20, 2022

Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor. The application was filed on October 17, 2019, and is titled “Food Container”.

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Patently-O

APRIL 25, 2023

In certain instances, if the AI were human, it would be rightfully recognized as at least a joint inventor. This raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor.

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IP Watchdog

AUGUST 2, 2021

The Federal Court of Australia on Friday ruled in Thaler v Commissioner of Patents [2021] FCA 879 that an artificial intelligence (AI) system can be an inventor under the Australian Patents Act. 2019363177 did not comply with reg 3.2C(2)(aa) 2019363177 did not comply with reg 3.2C(2)(aa)

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Intepat

APRIL 20, 2022

However, even after fulfilling these requirements, an additional requirement is to be fulfilled by the inventor/applicant and that is of ‘enablement’. Article 29(1) also lays down that the countries may also go for the inclusion of a legal provision for disclosing the best mode. Author: Mansi Tiwari, Legal Intern @IntepatIP.

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IPilogue

OCTOBER 25, 2021

Madelaine Lynch is an IP Intensive intern, an IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. Madelaine published this article as a requirement for her internship at ventureLAB. The article was originally published on October 15, 2021, as part of ventureLAB’s 101 Series.

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IP Watchdog

AUGUST 8, 2022

The August 2019 announcement that two patent applications had been filed naming an artificial intelligence (AI) algorithm as an inventor in the United States and a dozen other countries was regarded as disruptive and profound at the time.

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IP Watchdog

APRIL 4, 2024

Court of Appeals for the Federal Circuit (CAFC) on Wednesday affirmed a number of district court orders against inventor Urvashi Bhagat, whose patent application was rejected by the U.S. Patent and Trademark Office (USPTO). patent application No. Bhagat’s U.S.

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IP and Legal Filings

AUGUST 26, 2021

Intellectual property works on the solid framework of giving the inventor or the corporation, the monopoly rights for their invention for a limited period, so that the inventor may recoup the cost of the invention. The double patenting concept means that the inventor gets the patent for two or more inventions for a single invention.

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IPilogue

JUNE 2, 2022

Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

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