Intellectual Property Law Blog

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. AI patent activities by year. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development.

Invention 242

Invention Patent Privacy Inventor 242

The IPKat

SEPTEMBER 15, 2021

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 US District Court, by contrast, recently found against naming an algorithm as an inventor ( IPWatchDog ).

Inventor 144

Inventor Invention Patent Application Journalism 144

The IPKat

DECEMBER 13, 2021

Over to the Professors: "There is an increasing influential and bludgeoning legal literature on how artificial intelligence (AI) systems should be treated in law. 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.

Inventor 135

Inventor Invention Ownership Intellectual Property Law 135

Patently-O

APRIL 13, 2022

But, unlike their computer-bound AI cousins, corporations have already been granted the legal fiction of personhood status and many accompanying civil rights. [1]. Yes, a corporation may own or license an invention and its resulting patents. And in fact, most patents are owned by non-human persons. Read mine here ].

Invention 111

Invention Intellectual Property Inventor Ownership 111

Patently-O

APRIL 26, 2023

Though the patent system exists to promote innovation, it also serves to promote inventors and innovators. For more visit, For more stories, and to add your own story , visit the “Inventor’s Diary” at www.diversitypilots.org. What did becoming an inventor mean to you? ” – Sujesha S., ” – Sujesha S.,

Inventor 84

Inventor Blogging Invention IP 84

IPilogue

NOVEMBER 1, 2021

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. Hilty, and Peter R. Slowinski expound on the evolving case-law in this subject area. Firstly, Kim et al. Firstly, Kim et al.

Inventor 111

Inventor Patent Invention Intellectual Property 111

Velocity of Content

MARCH 16, 2022

Several years ago, I wrote a piece titled “ How AI and copyright would work.”. but also the common law or civil law history of cases) did not yet countenance the assertedly “independent” creations of an AI, of which there are many types. That is, at least in the U.S., essentially still the case.

Inventor 98

Inventor Editing Copyright Copyright Law 98

Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.” Claims: 1.

Invention 57

Invention Art Patent Designs 57

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’?

Inventor 52

Inventor Invention Patent Application Publishing 52

U.S. Department of Commerce

AUGUST 16, 2021

Invention-Con 2021: Capitalizing on Your Intellectual Property. Are you a young or independent inventor, an entrepreneur, or a small business owner whose success depends on guarding your creative work? Patent and Trademark Office’s (USPTO) free online Invention-Con 2021: Capitalizing on your intellectual property, coming August 18-20.

Intellectual Property 67

Intellectual Property Invention Inventor Music 67

Patently-O

SEPTEMBER 27, 2023

. – Jason) Virtual reality, AI chatbots, and other emerging technologies are fueling a drive to innovate, improve, and patent new products and services that are inclusive from the beginning. However, engaging diverse inventors at large technology companies still presents layers of challenges. It’s about the bottom line.

Inventor 113

Inventor Moral Rights Business Technology 113

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.

Invention 127

Invention Patent Inventor Intellectual Property 127

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. See my 2014 post. Amgen Inc. Hoechst Marion Roussel, Inc. ,

Art 109

Art Invention Patent Application Publishing 109

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.

Invention 122

Invention Inventor IP Ownership 122

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. It also is a time to recognize all the many contributions and achievements within the AAHNPI community that have had a positive impact on our Nation. .

Inventor 68

Inventor Invention Technology Business 68

LexBlog IP

AUGUST 28, 2023

PatentNext Takeaway: To date, the Federal Circuit has not reviewed many cases involving artificial intelligence (AI). Enablement of a claimed invention is one requirement of U.S. Patent Law (specifically 35 U.S.C. § Patent Application 15/299,124 (“the ‘124 application”). § 112(a)).

Invention 52

Invention Patent Application Art Patent 52

Patently-O

APRIL 21, 2024

2024), gives me pause to consider more general eligibility issues of AI Inventions. When does the design or creation of AI system elements qualify as an eligible invention? Datzov, The Role of Patent (In)Eligibility in Promoting Artificial Intelligence Innovation , 92 UMKC L. Patent Nos. In his recent article, Prof.

Invention 70

Invention Technology Patent Drafting Patent 70

Garrigues Blog

JUNE 22, 2021

In accordance with the Spanish Patent Law, the first application for a patent made in Spain must be filed at the Spanish Patents and Trademarks Office and penalties can be imposed in the event of the breach of this requirement. have elapsed, unless express authorization is given by the Spanish Patents and Trademarks Office.

Invention 52

Invention Inventor Patent Application Due Diligence 52

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. How long do you want to protect it? How much are you willing to spend?

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

Patently-O

MAY 31, 2023

This diverse gathering of scholars from fields as varied as management, technology, economics, finance, and public policy delved headlong into the intricate dynamics of invention and innovation policy. In that sense, Britta’s work on attribution related to my own research with Colleen Chien , examining engineers’ views on patenting.

Inventor 104

Inventor Invention Intellectual Property Business 104

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. See [link].

Patent Law 94

Patent Law Law Inventor Patent 94

Patent Trademark Blog

MARCH 28, 2022

What if we adjust our initial filing patent cost to match your budget? Nearly every patent firm sets their own attorney’s fees and service rates. So we asked ourselves the following question: What can we do to make utility patents more affordable? What would make patents more accessible to potential clients?

Patent 94

Patent Patent Application Invention IP 94

The IP Law Blog

MARCH 30, 2023

The United States Patent and Trademark Office (“USPTO”) has reduced the patent fees for small businesses and certain other applicants. This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system.

Business 98

Business Inventor Patent Licensing 98

IPilogue

FEBRUARY 13, 2023

For the first time in decades, the US Supreme Court will engage with enablement in patent applications. 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.

Patent 101

Patent Invention Art Inventor 101

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. Background and procedural history.

Inventor 52

Inventor Patent Patent Application Invention 52

Intepat

MAY 2, 2024

This article aims to untangle this complexity, showing how quantum advancements and intellectual property rights intersect. This journey is about unlocking the potential of quantum technology while ensuring that inventors and innovators are rightfully recognized and protected. Patenting in the quantum sphere is incredibly complex.

Intellectual Property 52

Intellectual Property Inventor Technology Invention 52

Patently-O

SEPTEMBER 20, 2022

Vidal offers potential for future development on the law of invention and inventorship. . In my view, it is unquestionable that AI regularly contribute to inventive concepts so substantially as to be named joint-inventors alongside their human counterparts, if it were permitted. Ono help us understand how it might work.

Inventor 80

Inventor Invention Patent Law Patent 80

Kashishipr

OCTOBER 13, 2021

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. What is a Provisional Patent Application? Another preferable step could be the filing of a provisional patent application.

Patent Application 105

Patent Application Patent Inventor Invention 105

LexBlog IP

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. AI patent activities by year. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development.

Invention 52

Invention Patent Privacy Inventor 52

IP and Legal Filings

AUGUST 18, 2021

One area of law that has been undergoing constant amendments due to changing technologies are patent laws. However, how are patent laws and AI interconnected? For one, there exists no clear-cut definition of AIs in any patent laws. For one, there exists no clear-cut definition of AIs in any patent laws.

Inventor 80

Inventor Invention Patent Law Patent Application 80

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.

Inventor 84

Inventor Intellectual Property Invention Blogging 84

Patently-O

FEBRUARY 27, 2024

While these new guidelines are not legally binding, they offer important insight into how the Office plans to apply an even more flexible approach to obviousness — something Director Vidal sees as mandated by the Supreme Court’s 2007 decision in KSR Int’l Co. Reiterating the Central Role of Graham v. John Deere. John Deere Co.,

Art 120

Art Invention Patent Application Patent 120

The IPKat

DECEMBER 28, 2021

2021 saw key decisions on claim supremacy, types of antibody claims, the data threshold for second medical use inventions and the AI inventor debate. ?? DABUS: An AI inventor or the Emperor's New Clothes? 3 Sep 2020) Is it time to move on from the AI inventor debate? (2 15 Sep 2021) ??

Inventor 123

Inventor Invention Patent Art 123

IP Intelligence

NOVEMBER 1, 2021

I recently received a call from a friend who expressed that his company is struggling with helping inventors identify a point of novelty for their ideas in their invention disclosure forms (IDFs), and as a result, it has been difficult to decide whether or not to move forward with their invention ideas.

Invention 52

Invention Inventor Patent Art 52

The IPKat

AUGUST 31, 2022

The IPKat is pleased to host the following contribution by Katfriend Marianna Ryan (Edwin Coe and King's College London) on the topical issue of how Decentralised Autonomous Organisations (DAOs) are to be treated and what IP issues come with them. Here's what Marianna writes: Ownership of IP rights by DAOs – the future is nigh?

Ownership 134

Ownership IP Contracts Inventor 134

The IPKat

MAY 31, 2023

The US Supreme Court recently ruled in the high profile Amgen versus Sanofi patent dispute. 2021 ), the Supreme Court found Amgen's function and epitope defined PCSK9 antibody patents to lack enablement ( Amgen Inc v Sanofi, No. The patents in dispute in Amgen v Sanofi defined a class of antibodies by their function and epitope.

Invention 93

Invention Patent Patent Law Law 93

Patently-O

AUGUST 24, 2023

By: Suzanne Harrison , Chair of the Patent Public Advisory Committee (PPAC) at the USPTO. In July 2021, the USIPA hosted a DEI in innovation conference and launched The Diversity Pledge, alongside 30 founding Pledgee companies who agreed to increase the participation of under-represented inventors (URIs) in their own firms.

Inventor 98

Inventor Reporting Patent Application IP 98