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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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 119

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

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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Intepat

DECEMBER 24, 2021

The question then becomes whether these AI-generated inventions are patentable under present patent law. In our previous blog post, we explained how the EPO released its judgment outlining the reasons for the rejection of two European patent applications in which an AI system was named as the inventor.

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Inventor Invention Patent Application Designs 52

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.

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Inventor Invention Patent Application Patent 52

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. )

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Invention Publishing Inventor Designs 83

LexBlog IP

AUGUST 16, 2023

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. How does this provide ‘convenience’?

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Inventor Invention Patent Application Publishing 52

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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LexBlog IP

FEBRUARY 15, 2024

” Therefore, patent applications and patents for AI-assisted inventions must name the natural person who significantly contributed to the invention as the inventor or joint inventors. .” However, each claim must have been invented by at least one named inventor.

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Invention Inventor Patent Patent Application 52

SpicyIP

OCTOBER 13, 2023

Recently, on September 15, the Delhi High Court set aside an order from the Indian Patent Office rejecting the patent application on the basis of the old CRI Guidelines, 2016. Controller General of Patents and Designs: The Question of CRI and 3(k) Yogesh Byadwal In Raytheon Company v. 3(k) of The Patents Act, 1970.

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Designs Design Patent Invention 105

U.S. Department of Commerce

MAY 27, 2021

Inventors, Physicists and Entrepreneurs: Commerce Home to Diverse-Range of AANHPI Pioneers. Inventors, Physicists and Entrepreneurs: Commerce Home to Diverse-Range of AANHPI Pioneers. LEADING INVENTOR IN ACCESSIBILITY TECHNOLOGY CHIEKO ASAKAWA. Leading Inventor in Accessibility Technology Chieko Asakawa More details.

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Inventor Invention Technology Business 68

Patently-O

APRIL 25, 2023

In certain instances, if the AI were human, it would be rightfully recognized as at least a joint inventor. This raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor.

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Invention Inventor Patent Intellectual Property 126

LexBlog IP

FEBRUARY 14, 2024

The Federal Circuit previously held that an AI system cannot be listed as an inventor in Thaler v. At the outset, the USPTO guidance states that inventions developed with assistance from an AI system are still patentable, as long as a human inventor “significantly contributed” to the invention. Vidal , 43 F.4th

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Invention Inventor Intellectual Property Law Intellectual Property 52

Selvam & Selvam Blog

NOVEMBER 5, 2022

November 4, 2022: The Madras High Court allowed the two writ petitions filed by the applicant with respect to two patent applications that were deemed abandoned by the Indian Patent Office on account of delay in filing the Request for Examination. In Chandra Sekar Vs. The Controller of Patents and Designs & Anr.

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Patent Application Patent Inventor Intellectual Property 52

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.

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Invention Inventor Patent Application Designs 52

LexBlog IP

MARCH 5, 2024

The Guidance clarifies that AI-assisted inventions can receive patent protection if a human being plays a significant role in the invention’s conception. The Guidance acknowledges the importance of human inventors in AI-assisted inventions, so that the patent system can continue to incentivize and reward human ingenuity.

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Invention Inventor Patent Patent Application 52

IP Tech Blog

MARCH 5, 2024

The Guidance clarifies that AI-assisted inventions can receive patent protection if a human being plays a significant role in the invention’s conception. The Guidance acknowledges the importance of human inventors in AI-assisted inventions, so that the patent system can continue to incentivize and reward human ingenuity.

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Invention Inventor Patent Patent Application 57

LexBlog IP

OCTOBER 11, 2022

” To overcome this interpretation, the Applicant can (1) present a sufficient showing to establish that the claim limitation recites sufficient structure to perform the claimed function so as to avoid interpretation under § 112(f); or (2) amend the claim limitation in a way that avoids interpretation under § 112(f) (e.g.,

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Patent Application Patent Inventor Invention 52

Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. The case was remanded back to the USPTO 10 months ago, and not patent has issued yet.

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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 74

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.

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Invention Art Designs Design 111

LexBlog IP

MARCH 18, 2022

On February 28, 2022, the Patent Trial and Appeal Board (“ PTAB ”) issued a decision on priority in an interference proceeding between the Broad Institute, Inc. Patent Application No. The inventors listed on Broad’s patent are Feng Zhang, Ph.D., Count 1 recites claim 18 of Broad’s U.S.

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Inventor Invention Editing Patent 52

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.

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Inventor Designs Design Invention 52

LexBlog IP

JULY 31, 2023

This evolving field presents unique challenges and opportunities, requiring a forward-thinking approach to navigate its complexities. Recently, Yuri Eliezer was invited to share his insights on the Conscious Design Podcast , hosted by Ian Peterman. He recommends working with a professional for the search and not offshoring the process.

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LexBlog IP

MARCH 11, 2024

Instead, an analysis utilizing the Pannu factors determines if the human inventor(s) has made a significant contribution to each claim in the patent or patent application. Vidal affirmed the holding “that only a natural person can be an inventor.” 3] In the fall of 2022, the Federal Circuit in Thaler v.

Invention 52

Invention Inventor Intellectual Property Patent 52

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. This information is related to the patent applications. Prior art search determines the merits of patent applications.

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IP and Legal Filings

APRIL 18, 2023

The owner gets an exclusive right to use or sell for a specific time period as a legal right under the document which we refer throughout this paper as ‘patent’ The patent system is designed to encourage innovation by protecting the rights of inventors to their inventions. 3] In the case of V.B.

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Inventor Moral Rights Patent Invention 52

The IPKat

AUGUST 29, 2021

TechnoLlama presented an overview of the creator's copyright fight to clean up Pepe's image - and how NFTs fit in. Less terminally online readers of The IPKat may be forgiven for a lack of familiarity with Pepe, the cartoon frog who has become a symbol of both hate and freedom.

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Blogging IP Intellectual Property Editing 67

The IPKat

AUGUST 31, 2022

There is no prize for guessing: DAOs start to present a headache for lawyers and governments around the world. The Copyright, Designs and Patents Act 1988 ("CDPA") states that the " author " of a work means the person that creates it. Unlike private individuals or companies, DAOs are not legally recognised.

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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.

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LexBlog IP

JUNE 14, 2023

Hormel Foods Corporation (22-1696) where the appellate panel found the purported inventor’s contribution to be “insignificant in quality. Blue Gentian sued Tristar for infringement of six patents, all of which relate to an expandable hose and named a sole inventor Michael Berardi: U.S. Patent Nos.

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Inventor Invention Designs Design 52

SpicyIP

AUGUST 9, 2021

Many glaring issues presented by the Report have been previously discussed by Prof Scaria ( here ), Praharsh ( here ), Adyasha ( here ) and Namratha ( here and here ). In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI.

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Invention Inventor IP Ownership 122

IP Tech Blog

APRIL 11, 2023

Our Content On April 18, 2023, the United States Patent and Trademark Office (USPTO) will transition away from sending paper patents, to an electronic patent grant ( eGrant ) system for all patent types (Utility, Design, Plant, and Reissue). It’s a win-win for the agency and for our customers.”

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Inventor Copying Blogging Patent Application 57

LexBlog IP

APRIL 11, 2023

Our Content On April 18, 2023, the United States Patent and Trademark Office (USPTO) will transition away from sending paper patents, to an electronic patent grant ( eGrant ) system for all patent types (Utility, Design, Plant, and Reissue). It’s a win-win for the agency and for our customers.”

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Inventor Copying Blogging Patent Application 52

LexBlog IP

AUGUST 8, 2023

The Patent Office is not supposed to issue separate patents for the same invention to competing inventors. Several statutory provisions empower the Office to reject pre-AIA patent application claims of the later inventor. But sometimes it’s not clear who is the later inventor.

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Patent Invention Inventor Patent Application 52

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. The Copyright, Designs and Patents Act 1988 defines a computer-generated work as a work generated by computer in circumstances such that there is no human author of the work. Option 1: expanding the definition of “inventor”.

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IP Inventor Invention Intellectual Property 69