The IPKat

AUGUST 11, 2023

In keeping with the so-called media "silly season" of late summer, PatKat thought she would check-in on the AI inventor debate. PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). Sceptical Kat Has DABUS invented?

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Intellectual Property Law Blog

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions.

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JD Supra Law

FEBRUARY 26, 2024

As directed by President Biden’s Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the AI EO), the United States Patent and Trademark Office (USPTO) released its Inventorship Guidance for AI-Assisted Inventions (Guidance) on February 12, 2024. By: Akin Gump Strauss Hauer & Feld LLP

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Patently-O

MARCH 21, 2023

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. In Thaler’s view, DABUS was the inventor since it was the “individual.

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IP Law 360

DECEMBER 19, 2023

s Supreme Court ruled Wednesday that an artificial intelligence cannot be the named inventor of a patent under current legislation, concluding that British law requires a "natural person" to be behind an invention.

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JD Supra Law

FEBRUARY 9, 2022

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.

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IPilogue

SEPTEMBER 3, 2021

Junghi Woo is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. . Recently, AI technology once again exceeded the legal community’s expectations by filing a patent for its invention of interlocking food containers. Under patent law, it is the general expectation that inventors are humans, not robots.

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JD Supra Law

JANUARY 4, 2024

In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law.

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JD Supra Law

AUGUST 12, 2022

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. The Federal Circuit recently addressed this issue in Thaler v. By: Weintraub Tobin

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Patently-O

APRIL 25, 2024

Chien , Professor of Law at the University of California, Berkeley School of Law and co-director of the Berkeley Center for Law and Technology, and Jillian Grennan , Associate Professor of Finance and Sustainability at the University of California, Berkeley Haas School of Business. And which innovators become inventors?

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Patently-O

MARCH 11, 2022

DABUS created two separate inventions — a “Neural Flame” and “Fractal Container.” Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind. Now the case is pending before the Federal Circuit.

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The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? 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. Also, Howard was not named as an inventor. The dispute arose between HIP, Inc. (“HIP”)

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Inventor Invention Art Patent 110

SpicyIP

DECEMBER 22, 2023

[ On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. student at National Law University, Delhi. SpicyIP intern Vedika discusses this development.

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Patently-O

APRIL 25, 2023

My name is Dennis Crouch, and I am a law professor at Mizzou and author of Patently-O. As artificial intelligence progresses at an unprecedented pace, numerous cases have emerged where generative AI has played a crucial role in conceiving an invention. This scenario closely mirrors the role of generative AI in the invention process.

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LexBlog IP

FEBRUARY 15, 2024

Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

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Patently-O

JULY 28, 2021

Most patents involve two or more joint inventors who all claim to have contributed significantly to the invention. Conception of the invention is typically seen as the critical legal determinant of invention and some courts have written that each joint inventor must have contributed substantially to the conception of the invention.*

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Inventor Invention Patent Prosecution Art 127

IP Tech Blog

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

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Invention Inventor Patent Patent Application 57

JD Supra Law

FEBRUARY 19, 2024

Guidance on using AI to Invent - Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Vidal, a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent. By: Dickinson Wright

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IP Law 360

MARCH 15, 2024

significantly contributed to the invention of a road trailer for transporting liquefied natural gas, upholding a lower court's finding that they must be credited as co-inventors on the patent. The Federal Circuit ruled Friday that two executives of pipe company Tube-Mac Industries Inc.

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Invention Inventor Patent 98

LexBlog IP

AUGUST 11, 2022

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? While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. In the matter of the ’350 Appl.,

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Inventor Invention Patent Application Patent 52

LexBlog IP

AUGUST 9, 2022

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. By: Banks Griffin.

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IPilogue

SEPTEMBER 24, 2021

Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . But while AI is creating new opportunities and innovations, the law has yet to catch up. Ryan Abbott.

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The IPKat

JULY 11, 2022

The EPO Board of Appeal has published its full decision on the question of whether a machine can be an inventor ( J 8/20 ). The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ).

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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.

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Inventor Invention Ownership Intellectual Property Law 135

JD Supra Law

FEBRUARY 21, 2024

The United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit have both previously held that an artificial intelligence (AI) system cannot be a sole inventor on a patent application since each inventor must be a human being. By: Manatt, Phelps & Phillips, LLP

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Invention Inventor Patent Application Trademark 73

IP Watchdog

DECEMBER 20, 2023

Unsurprisingly, the UK Supreme Court today ruled that Stephen Thaler’s AI Machine, DABUS, cannot be granted patents for inventions it autonomously created.

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Inventor Invention Patent Law 52

LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). The Federal Circuit previously held that an AI system cannot be listed as an inventor in Thaler v. Simply owning or overseeing an AI system used in the creation of an invention. Vidal , 43 F.4th 4th 1207 (Fed.

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Invention Inventor Intellectual Property Law Intellectual Property 52

JD Supra Law

APRIL 22, 2024

On April 17, 2024, I had the honor of moderating an online panel entitled “Promoting Inventor Equity in Patenting”—part of the OHSU Innovates series hosted by the OHSU Technology Transfer office and OHSU Collaborations and Entrepreneurship team. By: Schwabe, Williamson & Wyatt PC

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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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Patently-O

AUGUST 5, 2022

Patent Law, because the U.S. 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. But, Thaler refused to claim credit as the inventor. 35 U.S.C. §

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Invention Inventor Patent Law Patent 99

Patently-O

APRIL 24, 2023

Vidal , a case involving inventor Dr. Stephen Thaler’s attempt to patent an invention created by his artificial intelligence (AI) system, DABUS. Thaler argued that DABUS, not himself or any other human, conceived the invention and identified its significance.

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Intellectual Property Law Blog

AUGUST 30, 2021

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. AI technology is complex and includes different parts across different fields. 1) Training phase.

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IP Watchdog

SEPTEMBER 5, 2023

Confusion and misunderstanding among some independent inventors might slow or stall progress of the excellent eligibility reform bill recently introduced by Senators Chris Coons (D-DE) and Thom Tillis (R-NC).

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Patently-O

NOVEMBER 13, 2023

by Dennis Crouch Berkely Center for Law & Technology is hosting a great half-day virtual-conference this week: “AI as an Inventing Tool – it’s Implications for Patent Law” organized by Prof. Rob Merge s, Dr. Yuan Hao (PhD), and Prof. Colleen Chien. Hope to see you online! Application of Winslow , 365 F.2d

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IP Law 360

MARCH 8, 2024

Federal patent officials are giving a yearlong extension to a program that allows smaller inventors who are filing their first patent applications to cut the line for their inventions to be reviewed.

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Patently-O

APRIL 13, 2022

Yes, a corporation may own or license an invention and its resulting patents. But, the law persists in most nations as it has for more than 200 years that patentable inventions must begin with a human person, the inventor. Noam Shemtov and Garry Gabison, The Inventive Step Requirement and the Rise of the AI Machines.

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IIPRD

MAY 9, 2024

This has led to the introduction of intellectual property rights which are a set of exclusionary rights as it excludes the world from enjoying a set of rights arising out an invention or creation, except the inventor or creator. Cross-licensing agreements can both restrain and advance competition.

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