LexBlog IP

MAY 31, 2023

part of a patent claim), does the AI system need to be listed as an “inventor”? patent law, an inventor is one who contributes to the conception of at least one claim element of a given patent claim (i.e., patent law. Patent law requires that a patent application list at least one human inventor.

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IP Watchdog

AUGUST 7, 2021

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. If AI-related patent applications and grants are on the uptick, what was the problem with DABUS?

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LexBlog IP

MARCH 27, 2023

Wikipedia), articles, and other information available on the Internet. ChatGPT responded with the following, which for the most part is accurate, but gets details such as the “founding date” wrong: Marshall Gerstein is a law firm based in Chicago, Illinois, that specializes in intellectual property law.

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Intepat

APRIL 6, 2022

PCT Patent Application. The PCT is an international agreement that helps to simplify the process of filing patent applications in several countries. PCT has been administered by WIPO (World Intellectual Property Organization). The PCT patent application has two phases: namely, International and National.

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Intepat

APRIL 6, 2022

PCT Patent Application. The PCT is an international agreement that helps to simplify the process of filing patent applications in several countries. PCT has been administered by WIPO (World Intellectual Property Organization). The PCT patent application has two phases: namely, International and National.

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IIPRD

MAY 4, 2023

Introduction A “patent” is a right granted by a state to an inventor for a fixed period i.e., 20 years in India in exchange for the disclosure of the invention. Section 3 of the Patents Act lists statutorily non-patentable inventions, which pose a challenge to patentability depending on the subject matter claimed.

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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. Thaler and DABUS embarked on their journey for AI patent ownership.

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Velocity of Content

MARCH 16, 2022

In 2020, the USCO and the World Intellectual Property Organization (WIPO) hosted a “symposium that took an in-depth look at how the creative community currently is using artificial intelligence (AI) to create original works.” This article originally appeared on TechCrunch, republished with permission. Importantly, the U.S.,

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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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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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Patently-O

APRIL 25, 2023

It is my privilege to discuss the role of generative AI in the realm of intellectual property and the need for clear guidance from the USPTO. In certain instances, if the AI were human, it would be rightfully recognized as at least a joint inventor.

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Intellectual Property Law Blog

OCTOBER 8, 2021

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. According to the opinion, the claimed method was directed to an application of Hooke’s law, and thus patent ineligible. 86 FR 36257. In Thaler v.

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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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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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Patently-O

AUGUST 1, 2021

Shoshana Wodinsky: Australian Court Rules That Yes, AI Can Be an Inventor (Source: Gizmodo). Piya Jain: The Benefits of Outsourcing Patent Activities for Life Science Companies in a Changing IP Landscape (Source: IAM). David Phelan: New Apple Patent Reveals The Ultimate iPhone Upgrade (Source: Forbes). Source: SCRIBD.

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Barry Sookman

MAY 4, 2020

In the meantime, the USPTO just released a decision denying the application for a such a patent holding that under the U.S. patent law, 35 USC §§ 1 et seq. an inventor must be a natural person. Title 35 of the United States Code consistently refers to inventors as natural persons. For example, 35 U.S.C. §

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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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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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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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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.

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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. Practice tip. Right of priority.

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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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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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Canadian Intellectual Property Blog

NOVEMBER 23, 2020

This article is part of a series on commonly held misconceptions about patents. Many prospective patentees often have unfounded reservations about patenting their inventions. The aim of this series of short articles is to debunk these common myths around patent protection. provisional application A U.S.

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SpicyIP

APRIL 7, 2024

Recently, India and a group of 4 European countries- Iceland, Liechtenstein, Norway, and Switzerland (EFTA) signed a Trade Economic Partnership Agreement (TEPA) on a variety of trade related issues, including intellectual property rights. Sreenath is an independent legal researcher and Adjunct Faculty of Law at Ramaiah Law College.

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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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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. For more information about submitting articles to the IPilogue, click here. IP Innovation Clinic.

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LexBlog IP

JUNE 23, 2022

The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) invalidated the CN Invention Patent No. The novelty art is an article published within the grace period (i.e., 201310567987.0 (the 201310567987.0 (the

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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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SpicyIP

JULY 2, 2021

We’re pleased to carry an announcement from LexisNexis Intellectual Property that LexisNexis Reed Tech will continue to provide patent data and document management services to the USPTO for the next 10 years. patent grants and patent applications. patents and registering trademarks.

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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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The IPKat

FEBRUARY 16, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Anna Pokrovskaya (RUDN University, Intellectual Property Center “Skolkovo”) reviewing current debates in the US and the EU on the role that Artificial Intelligence (AI) may play in patentability considerations.

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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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Larson & Larson

MARCH 23, 2023

Patent applications are critical to innovation and intellectual property protection, yet they can often be expensive, complex, and time-consuming to process. Fortunately, there is an increasingly popular alternative: the Design Patent Rocket Docket.

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LexBlog IP

APRIL 3, 2023

Navigating the Patent Application Process to Secure Protection and Privacy for Innovative Products As an innovator, you may find yourself in the delicate situation of trying to balance the protection of your trade secrets and obtaining patent protection. This effectively provides retroactive patent protection.

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Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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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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