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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. 2 in the Guidance.

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UK Supreme Court Rules that AI cannot be an ‘Inventor’ Under UK Patent Law

JD Supra Law

In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law.

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Federal Circuit asked to Decide whether US Patent Law Excludes Non-Human Inventors

Patently-O

Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind. The USPTO rejected the applications — explaining US patents must name a human inventor. Now the case is pending before the Federal Circuit.

Inventor 127
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Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20)

The IPKat

The EPO Board of Appeal has published its full decision on the question of whether a machine can be an inventor ( J 8/20 ). The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ).

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When is the inventor of an AI model also an inventor of the model's output? A closer look at the USPTO Guidance for AI-Assisted Inventions

The IPKat

The natural person can then be named an inventor on the patent application. Absent the advent of Artificial General Intelligence, patent inventorship thus remains within the human realm. 2022) found "that only a natural person can be an inventor, so AI cannot be".

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Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

Patently-O

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No.

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AI Inventor and the Ethics Trap for US Patent Attorneys

Patently-O

Vidal , a case involving inventor Dr. Stephen Thaler’s attempt to patent an invention created by his artificial intelligence (AI) system, DABUS. In his petition to the Supreme Court, Thaler asked if the Patent Act restricts the statutory term “inventor” solely to human beings. What do you think here?