JD Supra Law

FEBRUARY 20, 2024

Artificial intelligence (AI) cannot be the inventor or co-inventor on a patent but can be used as a tool. Patent and Trademark Office’s (USPTO) recently released Inventorship Guidance for AI-Assisted Inventions. That is the gist of the U.S. By: McGuireWoods LLP

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Inventor Litigation Patent Invention 65

IP Watchdog

SEPTEMBER 7, 2021

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.

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Inventor Patent Invention Patent Application 114

The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v. And, nothing in the Act dictates the contrary conclusion.

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Invention Inventor Patent Moral Rights 98

LexBlog IP

JANUARY 8, 2024

On January 5, 2024, in litigation between REGENXBIO and Sarepta Therapeutics, Judge Richard Andrews of the U.S. 10,526,617 (the ’617 Patent; licensed to REGENXBIO) is invalid as being directed to ineligible subject matter. A separate, related patent lawsuit filed by REGENXBIO and Penn against Sarepta and Catalent, Inc.

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Litigation Patent Inventor Invention 52

IP Intelligence

AUGUST 9, 2022

Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. While the Patent Act does not define “individual,” the Circuit relied on a previous U.S.

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Inventor Patent Invention Patent Application 52

LexBlog IP

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. 9,980,498 (the “’498 Patent”). Iolab Corp.

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LexBlog IP

AUGUST 9, 2022

Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. who invented or discovered the subject matter of the invention” (emphasis added).

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Inventor Invention Patent Patent Application 52

IPilogue

DECEMBER 20, 2022

In Rovi Guides Inc v Videotron Ltd , the Federal Court of Canada invalided patents for interactive program guide (“IPG”) technology and clarified a reasonable royalty as the appropriate remedy had the patents been found valid and infringed. Rovi claimed that Videotron infringed four patents, which Videotron counterclaimed were invalid.

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Litigation Invention Inventor Licensing 119

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.

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IP Watchdog

JANUARY 21, 2024

As reported on IPWatchdog, the UK Supreme court recently ruled that a trained neural network (an Artificial Intelligence known as DABUS) could not be listed as the inventor on two patent applications filed by Dr. Stephen Thaler at the UK Intellectual Property Office (UKIPO).

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Inventor Intellectual Property Patent Application Invention 57

IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

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Patent Application Inventor Patent Invention 62

IP Watchdog

DECEMBER 6, 2021

While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos. patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application.

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Invention Inventor Patent Application Designs 120

IP Watchdog

DECEMBER 21, 2021

In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. IP business models will evolve, and risk and return calculations will become more reliable. grants for the first half of 2021.

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IP Litigation Inventor Licensing 119

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. A new prohibition on double patenting?

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Litigation Law Patent Invention 82

Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

In Thaler , the Court confronted, analyzed and answered the question of “can an artificial intelligence machine be an ‘inventor’ under the Patent Act?” After analyzing the plain statutory language of the Patent Act and the Federal Circuit authority, the Court held that the “clear answer is no.” at *17-18.

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Inventor Patent Intellectual Property Patent Law 91

IPilogue

MAY 31, 2022

Google’s contribution to the US patent system. Healthy patent systems can sometimes be described as a way to incentivize creative inventions, encourage building on existing ideas, and avoid frivolous litigation. Concern with the US patent system. Google also helped discover the License on Transfer Network.

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Patent Troll Patent Litigation Invention 118

IP Watchdog

OCTOBER 18, 2022

Systemic-level studies and data regarding impact on investment and innovation, as detailed in Part II of this series, are not the only way to demonstrate the substantial harm that the current state of patent eligibility has inflicted on the U.S. innovation ecosystem.

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Litigation Patent Invention Law 89

IP Watchdog

MAY 17, 2023

And the similarly savory subject of who must be named inventor on a bacon patent was the issue in the recent case of HIP, Inc. HIP claimed that one of its employees materially contributed to the invention of Hormel’s patent on methods for precooking bacon. Hormel Foods Corp., 2022-1696 (Fed. May 2, 2023).

Intellectual Property Law 80

Intellectual Property Law Law Inventor Intellectual Property 80

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].

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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?

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Patent Patent Application Invention IP 94

LexBlog IP

APRIL 26, 2022

The Full Court has taken a conventional approach to determining the meaning of the term ‘inventor’ in the Patents Act 1990 , observing (at [83]) that ‘[t]he duty to resolve an issue of statutory construction is a text-based activity’ and that while it is ‘appropriate to consider policy considerations.

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Invention Inventor Patent Law Patent 52

IP Watchdog

MARCH 15, 2024

Court of Appeals for the Federal Circuit (CAFC) on Friday affirmed a district court finding that two inventors should be added as co-inventors to a patent for a method of transporting gaseous fluids.

Inventor 52

Inventor Invention Patent Litigation 52

SpicyIP

JULY 25, 2023

While several intellectual property rights battles are being fought over the mRNA platform, a key question that remains unaddressed is whether and to what extent mRNA is patent eligible. Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Is Messenger RNA Patent-Eligible?

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Patent Invention Litigation Law 97

Kashishipr

MAY 25, 2022

Before we delve into understanding the concept of Patent Search , let us first make ourselves familiar with the definition of a patent. A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. Patent Search and its Importance.

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Patent Patent Application Inventor Invention 78

IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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Inventor Patent Application Invention Patent 128

IPilogue

FEBRUARY 7, 2023

A patent protects your intangible property from others’ use, but what happens when patent protection operates in a way that ensures no other innovators can build upon a patented invention? Here we see IP and competition law colliding with blocking patents wielded as an anti-competitive tool.

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Patent Invention Patent Application Marketing 105

IP Watchdog

APRIL 20, 2022

Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor. Thaler and the inventor as “DABUS - The invention was autonomously generated by an artificial intelligence.”.

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Inventor Patent Application Invention Publishing 128

IP Close Up

NOVEMBER 17, 2022

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.

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Invention Licensing Patent Inventor 76

The IPKat

AUGUST 16, 2023

Patents Image from Pixabay Rose Hughes reflected on the patent applications filed by Dr Thaler, which claim inventions purportedly invented by the AI machine, DABUS. There has been a lot of excitement about whether an AI can be formally designated as an inventor. Here's what you missed.

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Invention Inventor Branding Brands 52

IP Close Up

JANUARY 11, 2022

In the decade since the adoption of the America Invents Act (AIA) patent licensing has become more arduous for many technology companies and independent inventors. Continue reading.

Inventor 101

Inventor Patent Licensing Invention 101

The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject? Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

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Patent Troll Patent Litigation Inventor 122

IP Watchdog

AUGUST 4, 2022

The only president ever to obtain one, Abraham Lincoln knew the essential role patents have played in the scientific and technological innovations that have driven American growth and prosperity since the founding of the republic. Patents have “peculiar value…in facilitating all other inventions and discoveries,” he said in a speech in 1858.

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Invention Inventor Patent Law Technology 140

Kashishipr

MAY 5, 2021

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ ’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition.

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Patent Troll Patent Inventor Intellectual Property 98

LexBlog IP

MAY 16, 2023

Some inventors are celebrated for how their creations have profoundly enhanced our lives, while others are frowned upon for leaving behind environmental catastrophes. occupies a peculiar space in the world of inventors, where his groundbreaking works are both applauded and criticized in equal measure. Thomas Midgley Jr.

Intellectual Property 52

Intellectual Property Inventor Patent Invention 52

Patently-O

JANUARY 9, 2024

by Dennis Crouch The text of pre-AIA Section 102(a) suggests that an inventor’s own prior publication qualifies as invalidating prior art, even if within the 1-year grace period. The case centers on two patents covering methods of using the drug rifaximin to treat irritable bowel syndrome with diarrhea (IBS-D). 35 U.S.C. §

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Inventor Art Invention Patent 48

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. The new en banc petition in Thaler v. 35 U.S.C. §

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Inventor Invention Patent Law Patent 80

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. Berkheimer, No.

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Patent Intellectual Property Invention Inventor 102