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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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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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G 2/21 does not permit armchair inventing (T 0258/21)

The IPKat

The recent decision in T 0258/21 , by contrast, is the first interpretation of G 2/21 leading to a finding of a lack of inventive step in view of an inadequate disclosure of the purported technical effect. However, T 0258/21 related to subject matter for which the EPO has always required additional evidence.

Invention 117
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Does Justice Thomas Hate Invention or Just the Hubris of Inventors?

Patently-O

While the majority opinion, authored by Justice Kavanaugh, upheld the MRT, Justice Thomas published a strong dissent relying upon an invention metaphor in a decidedly negative light, something that he has done in several other recent opinions. ” Justice Thomas is not alone in his negative view of judicial invention. .”

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USPTO's AI-Assisted Inventions Guidance Irks ABA IP Section

IP Law 360

Patent and Trademark Office's guidance on when inventions developed using artificial intelligence can be patented generated criticism from the American Bar Association's Section of Intellectual Property Law, expressing concern that it could be detrimental as it "casts doubt on inventorship through general acts of human direction."

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Ikorongo Challenges Federal Circuit’s Heightened “Same Invention” Requirement for Reissue Patents

Patently-O

by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. The petitioner argues that the Federal Circuit’s test, established in Antares Pharma, Inc.