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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Inventor Invention Patent Law 129

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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Inventor Invention Patent Application Patent 52

Patently-O

JUNE 28, 2022

The following year, Congress passed the first patent act that was then signed-into law by President George Washington. The new law eliminated the female pronoun “she.” That said, patenting by women was at an extremely low level. patent system.

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Patent Law Law Inventor Patent 134

Patently-O

DECEMBER 20, 2023

In a December 20, 2023 decision, the UK Supreme Court has agreed with American courts that an inventive machine is not deserving of patent rights. Louis seeking to patent a thermal-mug designed by an artificial intelligence machine that he created. Thaler concerns two patent applications (GB1816909.4 2022), cert.

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Invention Inventor Patent Ownership 63

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. Raytheon Techs.

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Patent Law Law Inventor Patent 95

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

Patently-O

MARCH 26, 2024

Teva references the landmark Supreme Court case of Atlantic Works v. I thought I would write a more complete discussion of this important historic patent case. The circuit court initially ruled in Brady’s favor, sustaining the patent and referring the case to a master for an accounting. Brady , 107 U.S.

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Invention Art Patent Designs 58

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. Lisa did not otherwise significantly contribute to the conception of the invention. EL notified the patent office of his prototype activities and that he told his daughter about the invention. Question 3. What do you think?

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Patent Law Law Patent Patent Application 77

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

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

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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Inventor Patent Application Invention Patent 40

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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Invention Patent Inventor Intellectual Property 128

Patently-O

MAY 21, 2024

In utility patents, the test for analogous arts has two prongs, with the reference qualifying as prior art if either prong is met: Whether the prior art is from the same field of endeavor as the claimed invention, regardless of the problem addressed by the reference. May 21, 2024) (en banc). 2d 207 (CCPA 1950).

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Design Patent Designs Design Patent 118

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

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

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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Patent Law Law Patent Invention 125

Patently-O

NOVEMBER 17, 2023

Although the PTAB granted the petitions, it eventually sided with the patentee — agreeing that one of the asserted references did not qualify as prior art. The basic question is whether Itou (7,736,355) qualifies as prior art against Teleflex’s patent (RE46,116). Proving Invention Date.

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Invention Inventor Art Patent Application 58

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. Still, seemingly qualify as prior art under 35 U.S.C.

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Art Invention Patent Application Publishing 110

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. Instead, an inventor could also be an artificial intelligence system.

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Inventor Invention Patent Law Patent Application 78

IPilogue

SEPTEMBER 28, 2021

Apotex ], I have decided to look at precedence from around the world where courts have contemplated recognizing artificial intelligence (AI) technology as an “inventor.” However, this 2002 decision did not define whether AI technology can be an inventor. The judge stated that DABUS is not the inventor and cannot be the inventor.

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Technology Inventor Patent Patent Law 111

LexBlog IP

AUGUST 8, 2021

But that is just what his Honour Justice Beach has done in a recent judgment that a patent applicant can name as the inventor, not a human person, but an artificial intelligence ( AI ) system. [1]. 3] The application was filed in 2019 by Dr Thaler as the patentee, but named DABUS itself as the inventor. ” [7].

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Inventor Patent Patent Application Invention 52

IP and Legal Filings

APRIL 18, 2023

The owner gets an exclusive right to use or sell for a specific time period as a legal right under the document which we refer throughout this paper as ‘patent’ The patent system is designed to encourage innovation by protecting the rights of inventors to their inventions. 3] In the case of V.B.

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Inventor Moral Rights Patent Invention 52

The IP Law Blog

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” Again, it depends. Under 35 U.S.C. §

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Confidentiality Invention Business Artistic Work 113

IP Intelligence

OCTOBER 6, 2021

District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. The Patent Applications. Max-Planck-Gesellschaft case, which held that a state could not be an inventor, and the Beech Aircraft Corp.

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Inventor Patent Application Invention Intellectual Property 105

The IPKat

DECEMBER 22, 2023

Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Readers looking for some clarity on G 2/21 may wish to skip straight to the recent referring Board's interpretation of G 2/21 in T 0116/18. Food for thought.

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Invention Inventor Patent Law 110

Patently-O

JULY 22, 2021

Obviousness is the central doctrine of patent law. The majority sided with the patentee and reversed the IPR Board’s single-reference obviousness determination. The majority sided with the patentee and reversed the IPR Board’s single-reference obviousness determination. by Dennis Crouch. Chemours Company v.

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Invention Art Marketing Marketing 126

The IPKat

OCTOBER 5, 2021

The AmeriKat instructing her computer overlord to come up with an invention which turns household objects into tuna Can machines be inventors? The US, the European Patent Office, and Australia all have considered this question. DABUS made inventions. 7(3) was that the inventor is a person ([19]). Secondly, s.7(2)(b)

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Inventor Invention Intellectual Property Patent 93

Patently-O

MAY 22, 2024

by Dennis Crouch In a recent decision, the Federal Circuit vacated a district court’s grant of summary judgment that an inventor, Dr. Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. Dr. Core conceived of the invention while pursuing a Ph.D.

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Ownership Patent Invention Contracts 40

SpicyIP

JANUARY 31, 2024

Image from here Yesterday, Aparajita penned a post “ Squawking over butter chicken: The mystery of the real master chef” sharing her thoughts on the existing “Who Invented Butter Chicken and Dal Makhani” issue before the Delhi High Court in Rupa Gujral & Ors vs Daryaganj Hospitality Private Limited. For reference see Adyasha’s post here.)

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Inventor Ownership Reporting Registration 64

Patently-O

JANUARY 19, 2024

This can become in cases like this because Universal has created a large patent portfolio that all claim back to original priority documents from more than a decade ago. While most of patents are attributable to both joint-inventors, some are only attributable to one or the other. ” Brian Barnett. ” Brian Barnett.

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Inventor Ownership Contracts Intellectual Property 68

LexBlog IP

DECEMBER 21, 2023

This jolly invention lights up each branch individually, featuring a central bus wire nestled near the trunk, branching into 5 to 10 light circuits, each sporting 10 to 20 bulbs. 7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S.

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Patent Drafting Patent Invention Inventor 52

Intepat

OCTOBER 13, 2023

Section 3 of the Patents Act, 1970 (the Act) puts forth the criteria of what does not fall under the ambit of “inventions”. In the same stride, the Act puts down various situations in which such a technical advancement would not be considered an invention.

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Invention Patent Technology Designs 52

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). Conclusion.

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Patent Invention Patent Application Government 52

LexBlog IP

OCTOBER 6, 2021

District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. The Patent Applications. Max-Planck-Gesellschaft case, which held that a state could not be an inventor, and the Beech Aircraft Corp.

Inventor 52

Inventor Patent Application Invention Intellectual Property 52

IP Intelligence

OCTOBER 5, 2021

On September 2, 2021, the United States District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (“AI”) machine can be an inventor under the Patent Act. The Patent Applications. case, which held that a corporation could not be an inventor.

Inventor 52

Inventor Patent Application Invention Intellectual Property 52

LexBlog IP

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.”

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

LexBlog IP

OCTOBER 5, 2021

On September 2, 2021, the United States District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (“AI”) machine can be an inventor under the Patent Act. The Patent Applications. It ruled that the “clear answer” is no.

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Inventor Patent Application Invention Intellectual Property 52