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AI-Assisted Inventions: Are They Patentable? Who is the Inventor?

Intellectual Property Law Blog

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. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115.

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The criteria for the novelty and inventive step of pharmaceutical selection inventions (T 1356/21)

The IPKat

The case related to the novelty and inventive step of a second medical use claim. The Board of Appeal considered the appropriate application of EPO case law on the novelty of dosage regimes and selection inventions, and the reliance on an unexpected technical effect for inventive step.

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AI-Assisted Inventions: Is There a Duty to Disclose the Use of AI?

Intellectual Property Law Blog

patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention. With the advent of such AI-assisted inventions, the USPTO is rethinking its requirements regarding the duty of disclosure. Everyone involved in the filing and prosecution of a U.S.

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USPTO Issues Inventorship Guidance for AI-Assisted Inventions - AI-Assisted Inventions are Not Categorically Unpatentable

JD Supra Law

On February 13, the United States Patent and Trademark Office (USPTO) issued inventorship guidance, effective immediately, for inventions created with the assistance of artificial intelligence (AI). By: Lowenstein Sandler LLP

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G 2/21 does not permit armchair inventing (T 0258/21)

The IPKat

The recent decision in T 0258/21 , by contrast, is the first interpretation of G 2/21 leading to a finding of a lack of inventive step in view of an inadequate disclosure of the purported technical effect. However, T 0258/21 related to subject matter for which the EPO has always required additional evidence.

Invention 120
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AI Invention Guidance Adds New Patent Wrinkles, Attys Say

IP Law 360

Patent and Trademark Office that inventions developed with assistance from "artificial intelligence" tools can be patented prompted a "sigh of relief" among many attorneys, but confronting the nuances will create challenges, experts said Tuesday. Recent guidance from the U.S.

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AI-assisted inventions: USPTO’s most recent guidance for determining inventorship

JD Supra Law

A very important question at the intersection of AI and IP is: how do we define inventorship in situations where artificial intelligence plays a role in the creation of an invention? By: Smart & Biggar

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