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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. 101 and 115.

Inventor 130
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Advantageous Effect of “Improved User Experience” in Inventiveness Determination

JD Supra Law

of the Chinese Patent Law prescribes that: inventiveness means that, as compared with the prior art, the invention has prominent substantive features and represents a notable progress. Article 22.3 By: Linda Liu & Partners

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The morality (and patentability) of inventions derived by immoral means (T 2510/18)

The IPKat

The recent case T 2510/18 considered whether an invention derived from traditional remedies by dishonest means was immoral. The objections related not to the direct exploitation of the invention itself, but to the alleged dishonesty and breach of trust associated with how the invention was derived.

Invention 108
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The criteria for the novelty and inventive step of pharmaceutical selection inventions (T 1356/21)

The IPKat

The case related to the novelty and inventive step of a second medical use claim. The Board of Appeal considered the appropriate application of EPO case law on the novelty of dosage regimes and selection inventions, and the reliance on an unexpected technical effect for inventive step.

Invention 117
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AI-Assisted Inventions: Is There a Duty to Disclose the Use of AI?

Intellectual Property Law Blog

patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention. With the advent of such AI-assisted inventions, the USPTO is rethinking its requirements regarding the duty of disclosure. Everyone involved in the filing and prosecution of a U.S.

Invention 130
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Not Examined the Inventive Step Enough? Madras HC Remands Patent Application Back to IPO for Reconsideration

SpicyIP

Recently the MHC remanded a matter back to the Controller for re-consideration on whether the cited prior art would render the invention obvious in light of the explanation in the specification. Interestingly, the impugned order by the Controller has already held the invention to be obvious based on the claims filed by the applicant.

Invention 114
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PTAB Refuses to Ignore Reference Where Patent Owner Fails to Overcome Prima Facie Evidence of ‘Different Inventive Entity’

JD Supra Law

The Patent Trial and Appeal Board determined that a reference could be used as prior art because patent owner failed to provide sufficient evidence that the prior art’s disclosure was invented by all four named inventors, and thus the same “inventive entity,” as the challenged claims. By: Akin Gump Strauss Hauer & Feld LLP