article thumbnail

Inventor Diversity Advocacy Group Launches ‘Patent Academy’ in Latest Effort to Reach Underrepresented Inventors

IP Watchdog

This online academy is the latest of several efforts by Congress and patent system stakeholders in recent years to unlock the innovative potential of women, people of color, LGBTQIA, and low-income inventors to benefit the U.S.

Inventor 121
article thumbnail

Black Inventors and Their Inventions

JD Supra Law

Among these triumphs are the inventions black inventors have contributed, many of which were not recognized with a patent because the Patent Acts of 1793 and 1836 barred slaves from obtaining patents because they were not considered citizens.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

AI Systems May Invent, But Are They Inventors?

JD Supra Law

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? Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents.

article thumbnail

The AI-Assisted Invention

JD Supra Law

Generative artificial intelligence (AI) is quickly becoming a major force in the world of technology, with its ability to create new content and even replicate the styles of individual humans, including as a tool used by inventors in the creation of patent-eligible technology.

Invention 105
article thumbnail

All Inventors are Human; All Humans are Inventors

Patently-O

Vidal ask the Supreme Court one simple question: Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone? We are are now at a point where it is easy to see an AI tool creating inventive output. by Dennis Crouch Petitioners in Thaler v.

Inventor 116
article thumbnail

As USPTO Begins Accepting Applications for PTAB Pro Bono Program, Inventor Community Calls for Stronger Action to Curb PTAB Abuses

IP Watchdog

While Vidal’s announcement is certainly welcome news to many inventors who are in financial need, it fails to address larger issues faced by inventors at the PTAB that have been voiced by members of Congress and the inventor community alike in recent months. On June 7, the U.S.

Inventor 103
article thumbnail

Celebrating Women in Tech: Women Inventors

JD Supra Law

There is an impressive number of everyday (and not-so-everyday) items invented by women. While we would have liked to feature them all, we chose five for today's Celebrating Women in Tech segment. By: Miller Nash LLP

article thumbnail

The ‘Restoring America Invents Act’ Would Open the Floodgates for Patent Owner Harassment

IP Watchdog

The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public.

Invention 145
article thumbnail

Intel Inventor and Children’s Book Author Says Kids Need to Learn to Fail In Order to Succeed

IP Close Up

Inventor Arlyne Simon wants to change the world — and how children view It. The Intel Corporation biomedical engineer, author and entrepreneur tells listeners on Continue reading.

article thumbnail

Humanizing Technology: Back to Basics on DABUS and AI as Inventors

IP Watchdog

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. Further, the USPTO has issued thousands of inventions that utilize AI.

Inventor 142
article thumbnail

Fifth Circuit Panel Questions Appellate Jurisdiction of US Inventor’s APA Claims Over Fintiv’s Lack of Notice and Comment Rulemaking

IP Watchdog

Court of Appeals for the Fifth Circuit heard oral arguments in US Inventor v. On July 6, the U.S. Hirshfeld, an appeal from a lawsuit first filed in February 2021 to challenge the U.S.

Inventor 104
article thumbnail

Opinion: Restoring The Road Less Traveled – American Invention at a Crossroad

IP Watchdog

Bad decisions made in previous forks in the road have gradually undermined the innovative spirit in our nation, but some inventors in Washington, DC, next week want to change course before we automatically go down the well-trod path.

Invention 126
article thumbnail

Darrell Issa Doesn’t Understand That He is the Problem

IP Watchdog

US Inventor is publicly opposing the appointment of Representative Darrell Issa (R – CA) to Chair the IP Subcommittee due to Issa’s record of IP reforms that are harmful to independent inventors and startups.

Inventor 137
article thumbnail

AI Systems May Invent, But Are They Inventors?

The IP Law Blog

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? That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system.

article thumbnail

Inventive AI: European Patent Office finds that only humans can be inventors

JD Supra Law

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.

Inventor 111
article thumbnail

U.S. District Court Holds that AI Algorithms Cannot Be Listed as Inventors on Patents

IP Watchdog

District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent and Trademark Office (USPTO) and upholding the Office’s view that AI algorithms cannot be listed as inventors on U.S. On September 2, the U.S.

Inventor 113
article thumbnail

A Lone J&J Inventor is Responsible for $14 Billion of Value, Says Analysis Startup PatentVector

IP Close Up

Frederick Shelton IV, arguably the most prolific and financially successful inventors ever, is a Johnson & Johnson medical device innovator unknown to pretty much everyone Continue reading.

article thumbnail

Celebrating (?) the America Invents Act: Ten Years On, Many IP Stakeholders Say it’s Time for a Second Look

IP Watchdog

During IPWatchdog LIVE 2021 in Dallas, Texas, I asked a handful of willing attendees for their thoughts on the impact of the America Invents Act (AIA) in anticipation of today, the ten-year anniversary of the day President Barack Obama signed the AIA into law.

Invention 121
article thumbnail

Patent Protection on AI Inventions

Intellectual Property Law Blog

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.

Invention 232
article thumbnail

Inventing Chaos with the Moderna/NIH Dispute

IP Watchdog

patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application as co-inventors with the Moderna scientists. Moderna and the National Institutes of Health (NIH) are poised for a legal battle over inventorship of a vaccine for COVID-19.

Invention 119
article thumbnail

The America Invents Act, Ten Years After Enactment - Part 1: “First Inventor to File”

JD Supra Law

Ten years ago, on September 16, 2011, the America Invents Act (“AIA”) became law. This article is the second in a multi-part series of articles on the significant changes introduced by the AIA and the results of those changes. By: Nexsen Pruet, PLLC

Inventor 122
article thumbnail

Invention Licensing Today May Be Easier for Some Without Patents Than With

IP Close Up

The news in much of the inventing community is often doom and gloom, but for Stephen Key, a successful creator and entrepreneur, the opportunities faced Continue reading.

article thumbnail

Massie Introduces Bill to Repeal PTAB, Abrogate Alice

IP Watchdog

Inventor groups such as US Inventor and conservative groups are supporting the legislation. Capitol Hill Government Inventors Information IP News IPWatchdog Articles Legislation Patents Alice Corp.

Inventor 121
article thumbnail

Conception for Joint Inventors

Patently-O

Most patents involve two or more joint inventors who all claim to have contributed significantly to the invention. The MPEP, for example, includes a statement in all-caps that “CONCEPTION MUST BE DONE IN THE MIND OF THE INVENTOR.” by Dennis Crouch.

Inventor 123
article thumbnail

This Week in Washington IP: Celebrating Black Invention with Invent Together, USPTO Begins Symposium Series on Women’s Entrepreneurship, and House Committee Holds Hearing on U.S. Innovation

IP Watchdog

Elsewhere, Invent Together hosts an event to honor Black inventors and hear from a variety of Black inventors and entrepreneurs.

Inventor 104
article thumbnail

Only Humans are Inventive?

Patently-O

Patent Act was amended in 2011 to expressly require that inventors be “individuals.” In its newest decision on the topic, the Federal Circuit declares instead, for the purposes of patent law, an inventor must be human. Here, there is no ambiguity: the Patent Act requires that inventors must be natural persons; that is, human beings. In the case, Thaler claims to own a computer named DABUS, and that DABUS conceived-of two patentable inventions. By Dennis Crouch.

article thumbnail

[Opinion] Can an AI system be an inventor ?

The IPKat

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. AI AI-invention AmeriKat Australia DABUS guestpost invention opinion patent Patent law thaler UK

Inventor 123
article thumbnail

Inventor’s Own Provisional Application Invalidated Invention When Priority Denied

JD Supra Law

In Konda v. Flex Logix Technologies, Inc., the Federal Circuit held that a provisional application incorporated by reference in a Patent Cooperation Treaty (PCT) application was prior art against the later filed claims of the U.S.

article thumbnail

Cross-Border Inventing

Patently-O

The chart below highlights an important trend in patenting: increased joint-inventorship where the inventors reside in different countries. The rise in cross-border inventing also correlates with the rise in joint inventorship. by Dennis Crouch.

article thumbnail

Don’t Be Barred: Reminder to Inventors and Patent Applicants – Do NOT Bring Your Invention into Public View Before Filing a Patent Application

JD Supra Law

provides a timeline reminder to inventors and patent applicants: Do not bring your invention into public view before you have filed your patent application, and if you do, remember the one-year critical date for filing. The Federal Circuit’s recent decision in Minerva Surgical, Inc.

article thumbnail

The Rise Of The Machines—When Inventions Invent

JD Supra Law

USPTO, EPO, and Precedent- As some readers may recall, the increasing efficacy and ubiquity of artificial intelligence has instigated philosophical and legal debate concerning whether an artificial intelligence may itself be considered the inventor of an innovation it has generated.

Invention 105
article thumbnail

6 Creative Ways to Inspire Students to Learn More About Intellectual Property

IP Close Up

Invention and creative expression are a journey, not a one-step process accompanied by a flash of light.

article thumbnail

DABUS: An AI inventor or the Emperor's New Clothes?

The IPKat

The question of whether it should be possible to name artificial intelligence (AI) code as an inventor on a patent application continues to dog patent offices and courts around the world. The inventor of DABUS, Dr Thaler, claims that his AI invention has extraordinary powers (for a machine).

Inventor 142
article thumbnail

Can Computer Systems Using Artificial Intelligence Patent their own Inventions?

JD Supra Law

Increasingly, companies are using artificial intelligence to invent new methods and products. But can a named inventor be a non-human machine under the law? . By: Cadwalader, Wickersham & Taft LLP

Invention 135
article thumbnail

Assignor Estoppel: When Are Inventors Allowed to Attack Their Own Inventions?

JD Supra Law

An inventor develops an invention, files a patent application and assigns the application for value to the company they founded. Later, the inventor founds another company and develops an improved version of their original invention. Should the inventor be able to do so?

article thumbnail

AI Systems May Invent, But Are They Inventors?

LexBlog IP

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? That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system.

article thumbnail

The Future of Invention: Should Artificial Intelligence be Considered Inventors?

Intellectual Property Brief

Continued advancements in artificial intelligence may force Congress to reevaluate what entities can be inventors. Daily Blog Issues Patents #AI #artificialintelligence #intellectualProperty IP patent USPTO

article thumbnail

How J.E.M. and Chakrabarty Make the Case for DABUS

IP Watchdog

and Chakrabarty supports patent protection for inventions by non-humans, i.e., artificial intelligence inventors. Twenty years ago, the U.S. Supreme Court ruled for the first time that plants could be protected with utility patents. J.E.M. Ag Supply, Inc.,

Invention 121
article thumbnail

UK Court of Appeal says AI is not an Inventor & is split on allowing applications for AI inventions

JD Supra Law

2) Patents Act 1977 i.e. to name a “Person” as the “Inventor” and to explain how Dr Thaler.

article thumbnail

Can my AI collaborator be an inventor?

Larson & Larson

AI technology has the potential to drastically reduce the time, effort and cost associated with invention. This article will explore the implications of AI inventorship, and discuss its potential benefits to inventors and the world at large. In the near future, AI will play a bigger role in the invention process. There are several ways in which AI can assist inventors. This can help inventors to quickly and efficiently identify which ideas are worth pursuing.

article thumbnail

The Inventive Concept: Unclear Judicial Guidance Causes Frustration for Inventors

LexBlog IP

What is at the core of invention? All inventions boil down to applying some natural law , but where is the line between natural law and invention? ” The most recent Supreme Court case which granted certiorari with regard to an “inventive concept” is Alice Corp.

article thumbnail

Federal Circuit Confirms “Inventor” Must Be Human, Not AI

JD Supra Law

Vidal that the term “inventor” under the United States Patent Act must be a human being. This ruling precludes patent protection for inventions where the sole inventor is an AI system. Key Points - On August 5, 2022, the Federal Circuit held in Thaler v.

article thumbnail

Reward and remuneration for service inventions

IAM Magazine

Reward has nothing to do with whether the invention-creation has been exploited and the economic benefit obtained therefrom; the employee-­inventor has the right to request a reward once the patent right is granted. For service inventions, the inventor shall neither be denied a