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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Inventor Invention Law Ownership 52

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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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. 9,980,498 (the “’498 Patent”). Also, Howard was not named as an inventor.

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Inventor Invention Art Patent 110

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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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.

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IPilogue

SEPTEMBER 24, 2021

The latest decision from the United States, Thaler v Hirshfeld , comes off the heels of recent judgements in South Africa and Australia asking if AI can be considered the inventor in patent law. While South Africa and Australia answered in the affirmative, finding that AI passes the inventor test, the U.S. Ryan Abbott.

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LexBlog IP

MAY 31, 2023

If such new content forms part of a new “invention” (i.e., part of a patent claim), does the AI system need to be listed as an “inventor”? It may all come down to “conception” – that is, whether an AI system can mentally conceive and contribute to an invention. an invention).

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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. And, nothing in the Act dictates the contrary conclusion.

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Invention Inventor Patent Moral Rights 98

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. Third, nothing in the Act dictates the contrary conclusion.”. Firstly, Kim et al. Firstly, Kim et al. However, Kim et al.

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Inventor Patent Invention Intellectual Property 111

LexBlog IP

APRIL 6, 2022

I have been monitoring patent application filing around the world that list “DABUS (the “Device for the Autonomous Bootingstraiming of Unified Sentience”) as the sole inventor. At issue is whether an AI machine alone can be listed as an inventor on a patent application. See Decision re Patent Application No.

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Inventor Patent Application Patent Invention 98

IPilogue

JUNE 2, 2022

Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

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Invention Ownership Intellectual Property Inventor 111

LexBlog IP

FEBRUARY 17, 2023

2022), in which the court ruled that artificial intelligence (AI) could not be an inventor by itself, the USPTO has now requested comments regarding AI and inventorship. More specifically, in Thaler , Stephan Thaler’s patent applications listed no humans as inventors, and rather listed his AI system, known as DABUS, as the inventor.

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Inventor Invention Patent Application Ownership 52

Patently-O

MAY 18, 2023

The Patent Act requires that patent applicant describes the invention in explicit terms to enable any person skilled in the art to make and use the invention. In other words, the specification must enable the full scope of the invention as defined by its claims. The more one claims, the more one must enable.

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Patent Law Law Patent Invention 121

Patently-O

APRIL 8, 2024

By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. The case involved a patent infringement suit over an improved vacuum tube used in radio communications. Background The patent at issue, U.S. General Electric Co. , 571 (1931).

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Invention Art Patent Television 63

Biswajit Sarkar Copyright Blog

SEPTEMBER 25, 2023

What is invented through biotechnological processes must be protected through patent protection lest a third person misuses the same. This came after careful observation of rising international trends with respect to innovations and inventions concerning biotechnology.

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Invention Patent Intellectual Property Technology 59

LexBlog IP

JULY 26, 2022

PatentNext Summary: The Legal Board of Appeal (the “Board”) of the European Patent Office (EPO) recently suggested that the owner of an artificial intelligence (AI) machine could possibly be listed as an inventor of an AI-generated Invention. ” J 8/20 (Designation of inventor/DABAS) at para.

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Inventor Invention Patent Designs 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.

Inventor 52

Inventor Invention Art Patent 52

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 128

Invention Patent Inventor Intellectual Property 128

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. Who can file a patent application?

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Patent Inventor Invention Intellectual Property 92

TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

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Patent Application Patent Invention Inventor 52

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

Patent Law 95

Patent Law Law Inventor Patent 95

LexBlog IP

JANUARY 25, 2022

Free Online Tools and Resources for Inventors. As an inventor, you know that protecting your invention is vital to its success. The process of patenting can be daunting, but with the right tools and resources, it doesn’t have to be. Patent Basics. Patent Search. Patent Search Tools. Patentscope.

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Intepat

DECEMBER 24, 2021

Artificial intelligence (“AI”) advancements in this Fourth Industrial Revolution period have resulted in AI capable of developing innovative and inventive inventions. The question then becomes whether these AI-generated inventions are patentable under present patent law.

Inventor 52

Inventor Invention Patent Application Designs 52

LexBlog IP

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. ” And, nothing in the Act dictates the contrary conclusion.

Invention 52

Invention Inventor Patent Moral Rights 52

IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Not surprisingly, there were a number of patent applications filed that bridged the March 16, 2013 AIA effective date.

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Invention Inventor Patent Application Patent Law 124

Intepat

APRIL 19, 2023

INTRODUCTION As technology continues to evolve at an unprecedented pace, Computer-Related Inventions (CRIs) have become a crucial component of modern innovation. The Patents Act, 1970, provides for the protection of CRIs, but there has been significant debate over the years regarding the patentability of such inventions in India.

Invention 52

Invention Intellectual Property Patent Copyright 52

Intellectual Property Law Blog

OCTOBER 8, 2021

A recent court decision on whether an AI system can be named an inventor in a patent application provides a compelling reason for stakeholders in the artificial intelligence industry to respond to the request. The decision confirms that inventions generated by AI are not eligible for patent protection in the United States.

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Patent Inventor Invention Intellectual Property 246

Patently-O

SEPTEMBER 13, 2022

The Supreme Court’s 2021 decision retained assignor estoppel as a cognizable patent law doctrine that can bar a former patent owner from later challenging the patent’s validity. ” The embodiments in the application all use a “moisture permeable” applicator head.

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Invention Inventor Patent Application Patent 61

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. Compulsory application for protection in Spain. In this regard, article 115.1

Invention 52

Invention Inventor Patent Application Due Diligence 52

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.

Invention 52

Invention Inventor Patent Law Patent 52

SpicyIP

AUGUST 9, 2021

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. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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Invention Inventor IP Ownership 122

LexBlog IP

AUGUST 1, 2021

As I recently (tentatively) predicted, on Friday 30 July 2021 Justice Beach in the Federal Court of Australia handed down a judgment giving Australia the dubious honour of becoming the first country in the world to legally recognise a non-human as a valid inventor on a patent application: Thaler v Commissioner of Patents [2021] FCA 879.

Inventor 52

Inventor Invention Patent Application Intellectual Property 52

Patently-O

SEPTEMBER 26, 2022

According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements. The idea here is that the patentee did enough to enable someone to make and use the invention–isn’t that enough? Wade was good law before being overturned by the Court last term.

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LexBlog IP

MAY 2, 2023

Supreme Court to reverse the Federal Circuit decision in which the court ruled that artificial intelligence (AI) could not be listed as the sole inventor. For instance, if enough other jurisdictions decide to allow patents with only AI listed as an inventor, Congress may not want the U.S. under the Patent Act.

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Inventor Patent Application Invention Ownership 52

Intepat

MAY 22, 2023

The sine qua non of an invention is its conception. However, something more than conception is required for an invention to be ready for patenting. The first way, actual reduction to practice, is by actually building the invention so that it works and others can follow how it is built.

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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. AIs are considered as a subset of computer sciences.

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Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. How much will it cost to file a patent?

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