Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

In Thaler , the Court confronted, analyzed and answered the question of “can an artificial intelligence machine be an ‘inventor’ under the Patent Act?” After analyzing the plain statutory language of the Patent Act and the Federal Circuit authority, the Court held that the “clear answer is no.” at *17-18.

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Inventor Patent Intellectual Property Patent Law 91

LexBlog IP

FEBRUARY 15, 2024

Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application. In this case, Dr. Stephen Thaler created an AI program that he listed as the only inventor on two US patent applications. The USPTO rejected these applications for lack of a proper inventor.

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Inventor Patent Invention Patent Application 52

More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process.

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Intellectual Property Designs Design Invention 98

The IPKat

OCTOBER 10, 2022

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator.

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Inventor Invention Patent Ownership 140

Intellectual Property Law Blog

OCTOBER 8, 2021

According to the opinion, the claimed method was directed to an application of Hooke’s law, and thus patent ineligible. A recent court decision on whether an AI system can be named an inventor in a patent application provides a compelling reason for stakeholders in the artificial intelligence industry to respond to the request.

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Patent Inventor Invention Intellectual Property 246

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Brean, Senior In-House Intellectual Property Counsel, Respiratory Care, Philips. Are inventions described in works of science fiction patentable? He died with over thirty patents to his name.

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Patent Law Law Inventor Patent 95

LexBlog IP

JANUARY 25, 2022

Free Online Tools and Resources for Inventors. As an inventor, you know that protecting your invention is vital to its success. The process of patenting can be daunting, but with the right tools and resources, it doesn’t have to be. Intellectual Property News and Resource Blogs. PATENT SEARCH TOOLS.

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Inventor Intellectual Property Invention Patent Application 52

LexBlog IP

DECEMBER 6, 2021

A comprehensive guide to intellectual property and legal protections for software technology. As a software developer, investor, visionary that has invested significant time and resources into software technology, it is crucial not to share the details of your innovation until you have taken steps to protect it properly.

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Intellectual Property Patent Application Invention Branding 52

JIPEL Copyright Blog

NOVEMBER 12, 2021

Artificial intelligence (AI) is a field of technology that leverages computer science and data science to enable problem solving. One application of AI decision-making recently considered by some scientists is the invention of new products and technologies. Both the United States Patent and Trademark Office (USPTO) and U.S.

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Inventor Patent Invention Patent Law 45

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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Invention Ownership Intellectual Property Inventor 111

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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Patent Law Law Inventor Patent 128

LexBlog IP

NOVEMBER 9, 2023

Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. 9,980,498 (the “’498 Patent”). The ‘498 Patent is directed to a two-step process for cooking bacon pieces. Also, Howard was not named as an inventor.

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Inventor Invention Art Patent 52

IP and Legal Filings

NOVEMBER 7, 2022

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. Intellectual property rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention.

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Patent Law Law Patent Intellectual Property 52

LexBlog IP

SEPTEMBER 11, 2021

In Thaler , the Court confronted, analyzed and answered the question of “can an artificial intelligence machine be an ‘inventor’ under the Patent Act?” After analyzing the plain statutory language of the Patent Act and the Federal Circuit authority, the Court held that the “clear answer is no.”

Inventor 52

Inventor Intellectual Property Patent Copying 52

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Biotechnology-the word suggests that this is biological advancement based on technology. Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. This technological advancement heals the world at the molecular level and most often involves DNA modification techniques.

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Patent Inventor Invention Intellectual Property 92

LexBlog IP

JULY 31, 2023

AI and IP Law: Podcast with Yuri Eliezer by Yuri L. Eliezer AI and Intellectual Property Law An Insightful Discussion with Yuri Eliezer The intersection of Artificial Intelligence (AI) and Intellectual Property (IP) Law is becoming increasingly significant in the dynamic landscape of technology and innovation.

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Law IP Intellectual Property Intellectual Property Law 52

IP Watchdog

JULY 14, 2022

The idea of patented inventions brings to mind machines fully realized - flying contraptions and engines with gears and pistons operating in coherent symphony. AI inventors sound much more like philosophers theorizing about machines, rather than mechanics describing a machine.

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Patent Law Patent Inventor Invention 137

LexBlog IP

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. 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. 16/524,350 (“the ’350 Appl.”)

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Inventor Invention Patent Application Patent 52

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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Invention Patent Inventor Intellectual Property 128

LexBlog IP

AUGUST 1, 2021

As I recently (tentatively) predicted, on Friday 30 July 2021 Justice Beach in the Federal Court of Australia handed down a judgment giving Australia the dubious honour of becoming the first country in the world to legally recognise a non-human as a valid inventor on a patent application: Thaler v Commissioner of Patents [2021] FCA 879.

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Inventor Invention Patent Application Intellectual Property 52

The IPKat

JULY 30, 2021

Thus, the GPA will henceforth include an explicit proportionality defense to permanent injunctions in patent law. Reportedly, several German patent judges immediately commented along similar lines [ here ]. Their case law, in turn, may inspire other European patent courts to follow suit. here and here ].

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Patent Law Law Patent Intellectual Property 95

Patently-O

AUGUST 21, 2022

Malcolm Owen: Ex-Apple Inventor Describes How His VR Patent Works to Solve Car Motion Sickness (Source: Apple Insider). Blake Brittain: Google Sues Sonos Over New Voice-Assistant Technology (Source: Reuters). Patent Officials To Rethink Intellectual Property On Drugs (Source: Fierce Pharma).

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Intellectual Property Patent Journalism Inventor 52

LexBlog IP

AUGUST 8, 2021

It is not often that one reads a decision which raises not only complex and interesting issues of the correct interpretation of Australian patent legislation, but also calls upon the reader to consider existential and philosophical questions regarding the Promethean role of technology in modern society. ” [7]. ” [7].

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Inventor Patent Patent Application Invention 52

Patently-O

MAY 24, 2023

Bagley , Asa Griggs Candler Professor of Law, Emory University School of Law, co-inventor, and Principal, Diversity Pilots Initiative. Watch her video for Invent Together , entitled Challenges Encountered as a Diverse Inventor.

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Inventor Intellectual Property Invention Blogging 85

Biswajit Sarkar Copyright Blog

SEPTEMBER 25, 2023

Biotechnology and Intellectual Property are intrinsically linked given that both fields require technology and innovation to pull them forward. What is invented through biotechnological processes must be protected through patent protection lest a third person misuses the same.

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Invention Patent Intellectual Property Technology 59

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. Mohammaed Ibrahim v.

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Inventor Moral Rights Patent Invention 52

IPilogue

AUGUST 13, 2021

Abbott examines this concept in four legal areas: tax, torts, criminal, and intellectual property law. Jobs created as a result of the proliferation of AI technology will require extensive education and are often proven to become a male-dominated industries. The person of ‘average skill’ is unclear with AI as an inventor.

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Inventor Invention Intellectual Property Intellectual Property Law 106

IPilogue

SEPTEMBER 14, 2022

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. v Canada (Attorney General) the Federal Court has addressed a long-standing complicated issue in patent law, computer-related subject matter. In Choueifaty , the court held that this approach disregarded the intention of the inventor.

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Invention Patent Intellectual Property Inventor 105

IP Watchdog

AUGUST 4, 2022

The only president ever to obtain one, Abraham Lincoln knew the essential role patents have played in the scientific and technological innovations that have driven American growth and prosperity since the founding of the republic. What was true a century and a half ago remains true today.

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Invention Inventor Patent Law Technology 140

Kashishipr

OCTOBER 20, 2021

On the other hand, international trade law recognizes that where a unique problem arises specifically referable only to a particular field of technology, a solution applying sui generis only to that field of technology cannot be said to be discriminatory according to the ordinary meaning and purpose of the TRIPS Agreement.

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Patent Intellectual Property Inventor Government 105

IP Watchdog

AUGUST 8, 2022

The August 2019 announcement that two patent applications had been filed naming an artificial intelligence (AI) algorithm as an inventor in the United States and a dozen other countries was regarded as disruptive and profound at the time. It was one of the hot topics in patent law during those last few months before the pandemic.

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Non-Fungible Tokens Inventor Patent Application Patent Law 118

The IP Law Blog

AUGUST 5, 2021

An artificial intelligence system, which has been described as a device for the autonomous bootstrapping of unified sentience (DABUS), was named as the inventor by Dr. Thaler. DABUS was the inventor of two inventions, a type of improved beverage container and a type of flashing beacon meant to be used in emergencies.

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Invention Inventor Patent Moral Rights 98

IPilogue

AUGUST 18, 2021

The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to provide assistance to under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. IP Innovation Clinic Fellows (5-8 positions).

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IP Patent Prosecution Intellectual Property Inventor 106

Patently-O

NOVEMBER 1, 2022

Chien , Professor of Law, Santa Clara University School of Law and Margo A. Bagley , Asa Griggs Candler Professor of Law and Associate Dean for Research, Emory Law School and Hieken Visiting Professor in Patent Law, Harvard Law School (visiting Fall 2022) .

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Inventor Intellectual Property Invention Privacy 71

IPilogue

FEBRUARY 13, 2023

Specifically, Amgen seeks to appeal a decision from the Federal Circuit , in which the court found Amgen’s patents invalid for lack of enablement. The requirement of enablement in US patent law is codified in 35 USC s.

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Patent Invention Art Inventor 101

SpicyIP

AUGUST 9, 2021

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. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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Patently-O

JANUARY 19, 2024

This can become in cases like this because Universal has created a large patent portfolio that all claim back to original priority documents from more than a decade ago. While most of patents are attributable to both joint-inventors, some are only attributable to one or the other. ” Brian Barnett. MLB Advanced Media, L.P.,

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Inventor Ownership Contracts Intellectual Property 68