The IPKat

AUGUST 11, 2023

In keeping with the so-called media "silly season" of late summer, PatKat thought she would check-in on the AI inventor debate. In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. Sceptical Kat Has DABUS invented?

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Inventor Invention Law Ownership 52

Patently-O

NOVEMBER 28, 2023

by Dennis Crouch The Patent Trial and Appeal Board recently designated as precedential a portion of its Penumbra v. RapidPulse decision in that provides important guidance on the use of a provisional patent application’s filing date for 102(a)(2) prior art under the America Invents Act. Penumbra, Inc.

Art 48

Art Inventor Publishing Invention 48

The IP Law Blog

AUGUST 11, 2022

But can an AI system be a named inventor on a patent? With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application.

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Inventor Invention Patent Patent Application 96

SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. Subsequently, the patent application was rejected in September 2020.

Invention 111

Invention Art Designs Design 111

Intellectual Property Law Blog

JULY 25, 2023

This case addresses requirements to correct inventorship of a patent. Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. Three months before filing the applications for the six patents, Ragner held a meeting to seek investors, which included Berardi.

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Patently-O

FEBRUARY 12, 2024

The key takeaway here is that the USPTO believes that an AI-developed invention is patentable so long as a human satisfies the joint-inventorship standard of “significantly contributing to the invention.” patents and patent applications. According to the USPTO, each claim needs to have a human inventor.

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Inventor Invention Patent Application Designs 117

Larson & Larson

FEBRUARY 13, 2021

A high number of patent applications are given a non-final rejection from the USPTO according to Yale. Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand.

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Intellectual Property Law Blog

JUNE 7, 2023

Part Two of this article series covers subject matter eligibility, prior art, and future opportunities. PART ONE Patent Claims and Inventorship The Federal Circuit in Thaler v. 2022) recently confirmed that an inventor under the patent statute must be a natural person. Vidal , No. 2021-2347 (Fed.

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Patent Intellectual Property Patent Application Inventor 130

The IPKat

FEBRUARY 14, 2024

The guidance instructs examiners on how to determine the correct inventor(s) to be named in a patent or patent application for inventions created by humans with the assistance of one or more AI systems ”. The guidance further examines the relevance of the so called Pannu test ( Pannu v. Iolab Corp. ) Iolab Corp. )

Invention 83

Invention Publishing Inventor Designs 83

LexBlog IP

AUGUST 11, 2022

But can an AI system be a named inventor on a patent? With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application.

Inventor 52

Inventor Invention Patent Application Patent 52

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. In modern biology research, inventors come from various disciplines such as pharmaceutical, environmental, agricultural, and dairy, and all of them are involved in improving the quality of life.

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Patent Inventor Invention Intellectual Property 92

Kashishipr

JULY 28, 2021

However, it does not include within itself those equivalents that belong to the state of the art to arbitrarily extend the scope of the patent. ” The said doctrine is limited in scope through the application of different tests that are later discussed in this article. Concluding Remarks.

Patent Application 59

Patent Application Patent Invention Art 59

Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application.

Patent Application 53

Patent Application Editing Patent Design Patent 53

Patent Trademark Blog

APRIL 14, 2022

Yes for utility, and probably not for design. Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval.

Patent Application 52

Patent Application Patent Design Patent Art 52

Patent Trademark Blog

JANUARY 4, 2023

What is a utility nonprovisional patent application? Unlike design patents , utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed. It’s all about the content.

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Patent Application Patent Art Blogging 98

Patently-O

FEBRUARY 27, 2024

This post breaks down the guidelines and walks through some potential strategies for patent applicants. The guidance, however, takes the Court’s analysis a step further and tells examiners that the scope-and-content of the prior art also need not be unduly bound to the prior art. John Deere. John Deere Co.,

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Art Invention Patent Application Patent 120

IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 1] The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. In Thaler v. 4] Based on U.S. 101 and 35 U.S.C.

Invention 52

Invention Inventor Patent Application Designs 52

SpicyIP

DECEMBER 22, 2022

The Delhi Court rebuked the incomprehensible reasoning of the Assistant Controller of Patents & Designs: The incomprehensibility of judgments is not a new issue , and the Supreme Court has even given some tips for judgment writing recently. The Delhi High Court, in Art Screw Co., The Delhi High Court, in Art Screw Co.,

Invention 130

Invention Patent Application Designs Design 130

Intellectual Property Law Blog

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development. from 1990-2018.

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Invention Patent Privacy Inventor 242

LexBlog IP

DECEMBER 26, 2023

You’ll almost certainly see language that says you cannot apply for copyright or trademark registration for those logos , and that Canva and whoever they licensed the clip art, photos, etc. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively.

Designs 52

Designs Design Trademark Copyright 52

Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. Applying for patents is like running a race.

Patent Application 52

Patent Application Patent Invention Inventor 52

Patently-O

DECEMBER 13, 2023

The decision cements that for OTDP analysis, any comparison of unexpected results or long-felt need must be made to the applicant’s own earlier patent claims, not the closest “prior art.” The policy goal is to prevent unjustified timewise extension of exclusive patent rights. In re: Institut Pasteur , No.

Patent 51

Patent Patent Application Art Ownership 51

Patently-O

DECEMBER 21, 2022

Patents filed before March 2013 are examined using the pre-AIA rules of patentability, including 35 U.S.C. 102(f): A person shall be entitled to a patent unless — (f) he did not himself invent the subject matter sought to be patented. The patents list two inventors, Richard Darr and Edward Morgan.

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Inventor Invention Designs Design 73

IPilogue

SEPTEMBER 28, 2021

Apotex ], I have decided to look at precedence from around the world where courts have contemplated recognizing artificial intelligence (AI) technology as an “inventor.” However, this 2002 decision did not define whether AI technology can be an inventor. The judge stated that DABUS is not the inventor and cannot be the inventor.

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Technology Inventor Patent Patent Law 111

Patently-O

MARCH 10, 2022

Cirrus Design ( Fed. Hoyt Fleming is a patent attorney, and former Chief Patent Counsel for Micron. He is also an inventor and builder (he has personally built three airplanes). Fleming sent a copy of his pending patent application to Cirrus who apparently then released a new aircraft embodying his patented design.

Copying 70

Copying Art Patent Application Inventor 70

LexBlog IP

JULY 25, 2023

This case addresses requirements to correct inventorship of a patent. Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. The other five patents involve subject matter related to the first patent.

Inventor 52

Inventor Designs Design Invention 52

Patently-O

JANUARY 20, 2023

This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. Gernsback was also an inventor and serious scientific thinker in his own right.

Patent Law 94

Patent Law Law Inventor Patent 94

LexBlog IP

MAY 4, 2023

In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO. The patent system enables the protection of innovative ideas, and newly published patent applications provide a glimpse into the future of technology and innovation.

Editing 52

Editing Patent Patent Application Social Media 52

LexBlog IP

SEPTEMBER 30, 2021

VID496/2021 ) against the decision of Justice Beach in the Federal Court of Australia finding that the ‘AI’ machine known as DABUS could be named as sole inventor on an Australian patent application. PDF 998kB] ).

Inventor 52

Inventor Patent Application Intellectual Property Patent 52

TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Patentability Search.

Patent Application 52

Patent Application Patent Invention Patent Prosecution 52

LexBlog IP

APRIL 14, 2022

The USPTO may issue a patent to whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, subject to certain conditions and requirements. The claims of a patent application are the protectable aspects of the invention once a patent registration issues.

Invention 40

Invention Patent Patent Application Art 40

Patently-O

JULY 6, 2022

USPTO (Supreme Court 2022) focuses the question of whether COURTS have power to create non-statutory patentability doctrines. Does the judiciary have the authority to require a patent applicant to meet a condition for patentability not required by the Patent Act? SawStop Petition for Certiorari. 2016 Decision ].

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Patent Art Invention Inventor 73

Patently-O

APRIL 21, 2024

When does the design or creation of AI system elements qualify as an eligible invention? Nikola Datzov wrote what we have all been thinking: “Innovative applications of AI are everywhere we look [and are] revolutionizing our society.” by Dennis Crouch The recent eligibility decision in AI Visualize v. Nuance , __ F.4th

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Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A Patent is granted for any product or process invention for a period of 20 years. In order to apply for a patent, it is essential to file a patent application under the Chapter III of the Patent Act. The drafting of a patent application requires immense knowledge of science, law, and language.

Patent 52

Patent Invention Patent Application Intellectual Property 52

SpicyIP

AUGUST 9, 2021

The human inventor condition can be found in Section 6(1)(a) of the Patents Act, 1970, which provides that the application for a patent can be filed ‘ by any person claiming to be true and first inventor of the invention’. How is an AI supposed to negotiate the terms with its patent lawyers?

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Invention Inventor IP Ownership 122

IPilogue

OCTOBER 25, 2021

One of the most common filing strategies is to file a US provisional patent application. US provisional patents are something of an oddity, as few countries have a designated provisional application. Unlike a regular patent application, a provisional application does not require claims.

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Intellectual Property Patent Application Patent Reporting 106

IP Tech Blog

APRIL 11, 2023

There has been pervasive use of Generative AI over the past few months, to create essays, works of art, music, and even source code for computer programs, as well as to take standardized examinations such as the LSAT, classroom exams, and even bar exams. Currently, it can take several months for a patent to be issued after it is filed.

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Inventor Copying Blogging Patent Application 57