Patently-O

MAY 21, 2024

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. at 15 (Fed.

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Design Patent Designs Design Patent 118

Patently-O

APRIL 25, 2023

My name is Dennis Crouch, and I am a law professor at Mizzou and author of Patently-O. As artificial intelligence progresses at an unprecedented pace, numerous cases have emerged where generative AI has played a crucial role in conceiving an invention. This scenario closely mirrors the role of generative AI in the invention process.

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Invention Inventor Patent Intellectual Property 126

Patently-O

MARCH 11, 2022

DABUS created two separate inventions — a “Neural Flame” and “Fractal Container.” 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. Now the case is pending before the Federal Circuit.

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Inventor Patent Law Law Patent 126

LexBlog IP

FEBRUARY 15, 2024

Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

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Inventor Patent Invention Patent Application 52

The IPKat

JULY 11, 2022

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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Patent Law Publishing Inventor Law 145

IP Tech Blog

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

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Invention Inventor Patent Patent Application 57

43(B)log

FEBRUARY 3, 2024

Christine Haight Farley: connecting to Katyal’s paper: “Indian man” design code. There is a design code for marijuana leaves; you just can’t get a cannabis ID. Christine Haight Farley, Design Authenticity Book project, still shaping up. Nelson was second design director of Herman Miller Co. but helpful to research.

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Designs Design Law Design Patent 59

LexBlog IP

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. 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. Instead of a last name, Thaler stated “the invention [was] generated by artificial intelligence.”.

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Inventor Invention Patent Application Patent 52

The IPKat

DECEMBER 13, 2021

Over to the Professors: "There is an increasing influential and bludgeoning legal literature on how artificial intelligence (AI) systems should be treated in law. One question that has recently been in the headlines around the world, thanks to the Artificial Inventor Project, is whether or not an AI system can be regarded as an inventor.

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Inventor Invention Ownership Intellectual Property Law 135

Intellectual Property Law Blog

AUGUST 30, 2021

Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development. The rule of thumb is to focus the patent protection on what the inventors improve over the conventional technology. AI technology is complex and includes different parts across different fields. 1) Training phase.

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Invention Patent Privacy Inventor 242

LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). The Federal Circuit previously held that an AI system cannot be listed as an inventor in Thaler v. Simply owning or overseeing an AI system used in the creation of an invention. Vidal , 43 F.4th 4th 1207 (Fed.

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Invention Inventor Intellectual Property Law Intellectual Property 52

Patently-O

APRIL 24, 2023

Vidal , a case involving inventor Dr. Stephen Thaler’s attempt to patent an invention created by his artificial intelligence (AI) system, DABUS. Thaler argued that DABUS, not himself or any other human, conceived the invention and identified its significance.

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Inventor Patent Invention Patent Application 88

JD Supra Law

JANUARY 20, 2022

Patent offices and courts around the world have recently been grappling with the question of whether an AI system can be the inventor of a patent. This has been prompted by Dr. Stephen Thaler’s applications to designate his AI system (known as ‘DABUS’) as the inventor of patents filed in multiple jurisdictions. By: Dechert LLP

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Inventor Invention Patent Designs 105

LexBlog IP

MARCH 11, 2024

Publish guidance to USPTO patent examiners and applicants addressing inventorship and the use of AI, including generative AI, in the inventive process and how inventorship issues ought to be analyzed; 2. 2] The guidance provides that AI-assisted inventions are not categorically unpatentable. 1] In section 5.2

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Invention Inventor Intellectual Property Patent 52

Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. Rather, the human must provide significant inventive contribution).

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Inventor Invention Patent Application Designs 119

Patently-O

DECEMBER 20, 2023

Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. In a December 20, 2023 decision, the UK Supreme Court has agreed with American courts that an inventive machine is not deserving of patent rights. Louis seeking to patent a thermal-mug designed by an artificial intelligence machine that he created.

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Invention Inventor Patent Ownership 63

JD Supra Law

AUGUST 29, 2022

According to this provision, for service inventions, after the patent rights are granted and the. By: Linda Liu & Partners

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Inventor Invention Patent Designs 52

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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Inventor Invention Patent Designs 52

JD Supra Law

DECEMBER 22, 2021

It reportedly conceived two separate inventions without any human intervention and therefore, was designated as an inventor on patent applications related to those inventions. DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) is an artificial intelligence (AI) system created by Dr. Stephen Thaler.

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Inventor Intellectual Property Invention Patent Application 124

IIPRD

MAY 9, 2024

This has led to the introduction of intellectual property rights which are a set of exclusionary rights as it excludes the world from enjoying a set of rights arising out an invention or creation, except the inventor or creator. Cross-licensing agreements can both restrain and advance competition.

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Intellectual Property Law Intellectual Property Licensing Law 59

Patently-O

MARCH 26, 2024

Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.” Brady for an improved dredge boat design. Brady , 107 U.S. 192 (1883).

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Invention Art Patent Designs 58

Patently-O

MAY 15, 2024

as a major turning point in American patent and antitrust law. Henry’s ink had been specially designed for use with the machine — undermining any arguments that the license restricted use of commodity goods. Supporters argued the bill was necessary to prevent patent suppression and ensure access to inventions.

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Patent Law Patent Law Invention 110

LexBlog IP

OCTOBER 18, 2023

On September 26, 2023, the USPTO issued its millionth design patent. United States Patent D1,000,000 covers the ornamental design for a dispensing comb, as shown below. While utility patents may include several claims, often about 20, a design patent may only have a single claim. Design patent filings in the U.S.

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Design Patent Designs Design Patent 52

JD Supra Law

SEPTEMBER 22, 2021

13(2) Patents Act 1977 i.e. to name a “Person” as the “Inventor” and to explain how Dr Thaler. 13(2) Patents Act 1977 i.e. to name a “Person” as the “Inventor” and to explain how Dr Thaler. By: Hogan Lovells

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Inventor Invention Patent Application Designs 98

Patently-O

JUNE 28, 2022

The following year, Congress passed the first patent act that was then signed-into law by President George Washington. The new law eliminated the female pronoun “she.” Women inventors are credited with only 72 patents during the first 70 years of the U.S. That said, patenting by women was at an extremely low level.

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Patent Law Law Inventor Patent 134

IPilogue

JUNE 2, 2022

Michelle Mao is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. 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.

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Invention Ownership Intellectual Property Inventor 111

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. EL’s design also includes the idea of different elastic strengths. You can think of this as following Hook’s law up to the point of maximum elongation; at that point it effectively becomes an un-stretchable rope.

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Patent Law Law Patent Patent Application 77

SpicyIP

OCTOBER 13, 2023

Controller General of Patents and Designs , thus opens the pandora box around the mandate within Section 3(k) and its interpretation under the revised 2017 CRI Guidelines, writes SpicyIP intern Yogesh Byadwal in this post. student at National Law School of India University, Bengaluru. Yogesh is a 3rd year B.A.

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Designs Design Patent Invention 105

LexBlog IP

APRIL 6, 2022

I have been monitoring patent application filing around the world that list “DABUS (the “Device for the Autonomous Bootingstraiming of Unified Sentience”) as the sole inventor. At issue is whether an AI machine alone can be listed as an inventor on a patent application. In today’s posting, I provide updates to this article.

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Inventor Patent Application Patent Invention 98

The IPKat

AUGUST 16, 2021

Late last month, South Africa's Companies and Intellectual Property Commission (CIPC) became the first Patent Office in the world to award a patent that names an artificial intelligence as the inventor of a product. a machine/device) to be named as the inventor in a patent application. Does "him" connote natural person solely?]

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Inventor Patent Application Patent Invention 103

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. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. The study needs a high level of patience and huge investments in time and money.

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Patent Inventor Invention Intellectual Property 92

IP Watchdog

OCTOBER 1, 2023

In terms of its design, the proposed legislation attempts to deal with each of the Supreme Court’s decisions in Alice, Mayo and Myriad, plus all of their progeny applications thereafter engendered by the Federal Circuit, the Patent Trial and Appeal Board (PTAB), all the way down to the U.S. PERA is no doubt an ambitious bill.

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Invention Patent Designs Design 137

SpicyIP

APRIL 30, 2024

Kevin is a second-year law student at NLSIU Bangalore and wrote this post while interning with us. This post attempts to critically analyse the relevance of difference in the purported function of the invention and prior art to determine non-obviousness in identifying the inventive step.

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Invention Art Designs Design 111

IP Law 360

JANUARY 28, 2024

Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.

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Inventor Patent Invention Designs 105

Intepat

DECEMBER 24, 2021

Artificial intelligence (“AI”) advancements in this Fourth Industrial Revolution period have resulted in AI capable of developing innovative and inventive inventions. The question then becomes whether these AI-generated inventions are patentable under present patent law.

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Inventor Invention Patent Application Designs 52

IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. The court unanimously found that AI cannot.

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Patent Application Inventor Patent Invention 62

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. Guest post by Camilla A.

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Patent Law Law Inventor Patent 95