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, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. In compliance with section 5.2(c)(i)

Invention 57

Invention Inventor Patent Patent Application 57

LexBlog IP

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, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. In compliance with section 5.2(c)(i)

Invention 52

Invention Inventor Patent Patent Application 52

Patently-O

JULY 28, 2021

Most patents involve two or more joint inventors who all claim to have contributed significantly to the invention. Conception is typically referred to as a mental act. .* Conception is typically referred to as a mental act. Above, I referred to conception as the key invention marker. 3d 1365 (Fed.

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Inventor Invention Patent Prosecution Art 128

LexBlog IP

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. 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? Patent Appl. Thaler, assignee, filed U.S.

Inventor 52

Inventor Invention Patent Application Patent 52

LexBlog IP

FEBRUARY 15, 2024

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention.

Invention 52

Invention Inventor Patent Patent Application 52

IPilogue

SEPTEMBER 3, 2021

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. Patent Law in Canada. When defining this term, experts refer to Apotex Inc.

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Inventor Patent Law Law Patent 106

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.

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Inventor Invention Patent Law 129

Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

Design Patent 118

Design Patent Designs Design Patent 118

Patently-O

DECEMBER 20, 2023

Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. 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.

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Invention Inventor Patent Ownership 63

JD Supra Law

FEBRUARY 13, 2024

Last year, the USPTO ruled that an artificial intelligence (AI) cannot be listed as an inventor on a patent application. See USPTO Says AI Machine Cannot Qualify as an Inventor (e.g.,

Invention 70

Invention Inventor Patent Application Patent 70

IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 1] The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. In Thaler v. 4] Based on U.S. 4] Based on U.S.

Invention 52

Invention Inventor Patent Application Designs 52

LexBlog IP

MARCH 11, 2024

of the order, the administration charged the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USTPO) with three directives: 1. Accordingly, the USPTO responded to its first directive and issued its Inventorship Guidance for AI-Assisted Inventions on February 13, 2024. [2]

Invention 52

Invention Inventor Intellectual Property 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. Axle & Mfg.

Inventor 52

Inventor Invention Patent Prosecution Law 52

LexBlog IP

FEBRUARY 13, 2024

Background Medtronic filed two IPR petitions challenging certain claims in Teleflex’s ’116 patent. Background Medtronic filed two IPR petitions challenging certain claims in Teleflex’s ’116 patent. Teleflex Life Sciences Limited, 2022-1721, 2022-1722 (Fed. 16, 2023) , the Federal Circuit considered whether U.S.

Invention 52

Invention Art Inventor Patent 52

LexBlog IP

DECEMBER 15, 2023

Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions. Teleflex Innovations S.A.R.L. , § 102(e).

Art 52

Art Inventor Invention Patent 52

LexBlog IP

FEBRUARY 26, 2024

The Guidance aims to clarify how patent applications involving AI-assisted inventions will be examined by patent examiners, and reaffirms the existing jurisprudence maintaining that only natural persons, not AI tools, can be listed as inventors.

Invention 52

Invention Inventor Patent Patent Application 52

Intellectual Property Law Blog

OCTOBER 11, 2022

Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. MPEP Sections to Know – Especially for AI Inventions.

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Patent Application Patent Invention Inventor 242

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. Importantly, LLMs know the references and have their key points accessible for dynamic consideration and analysis.

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Invention Patent Law Law Art 68

Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. patents and patent applications. Vidal , 43 F.4th

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Inventor Invention Patent Application Designs 119

Patently-O

MAY 31, 2022

This case raises the novel legal issue of whether a patent can be obtained for an invention created by an artificial intelligence (AI) in the absence of a traditional human inventor (“AI-Generated Invention”). Dynamics patents cover electronic emulation magnetic stripes (on, for instance credit cards).

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Invention Inventor Art Patent 90

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.

Inventor 52

Inventor Invention Patent Designs 52

Intellectual Property Law Blog

JUNE 23, 2023

On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023 , which seeks to clarify the jurisprudence surrounding 35 U.S.C. § A mental process performed solely in the mind of a human being. An unmodified human gene, as that gene exists in the human body.

Patent 130

Patent Invention Inventor Business 130

JD Supra Law

OCTOBER 20, 2023

At the Inter Partes review trial, Patent Owner attempted to swear behind Petitioner’s primary prior art reference by showing that the inventors of the asserted patents had conceived of the invention before the priority date of the reference. The Board determined that Patent Owner’s evidence was insufficient.

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Inventor Patent Invention Art 65

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

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.

Inventor 52

Inventor Patent Invention Patent Application 52

Intellectual Property Law Blog

OCTOBER 11, 2022

Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. On September 22, 2022, the U.S.

Patent Application 130

Patent Application Patent Invention Inventor 130

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).

Inventor 52

Inventor Invention Patent Patent Application 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 case addressed the validity of a patent granted to Edwin L. by Dennis Crouch My recent discussion of Vanda v. Brady , 107 U.S. 192 (1883). Claims: 1.

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Invention Art Patent Designs 58

Larson & Larson

JANUARY 10, 2021

Patents were designed to protect inventions and ideas that are new and non-obvious. Ultimately, a patent is a form of intellectual property protection that gives the creator exclusive rights to legally market, sell, manufacture, and profit from the invention. Utility Patent. Design Patent.

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Inventor Patent Design Patent Invention 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.

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Invention Patent Inventor Intellectual Property 128

Patently-O

JUNE 28, 2022

The following year, Congress passed the first patent act that was then signed-into law by President George Washington. Swanson, Making Patents: Patent Administration, 1790-1860 , 71 Case W. That said, patenting by women was at an extremely low level. patent system. See, Kara W.

Patent Law 134

Patent Law Law Inventor Patent 134

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

The IPKat

MARCH 7, 2023

On today's International Women's Day (IWD) The IPKat has received and is pleased to host a contribution by Katfriends Giorgia Golzio and Daniele Golzio reflecting on the contribution of women to technological advancement, with profiles of some notable female inventors throughout history being reviewed too. In 1715 the patent G.B.

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Invention Patent Inventor Designs 143

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

MAY 19, 2022

Cheyer & Martin (but not Moran) file for patent protection on aspects of the OAA that were not fully disclosed within the original publication. IPR proceedings are limited to challenges anticipation and obviousness challenges and only those based upon prior patents & printed publications. January 5 & March 17, 1999.

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Invention Inventor Art Patent 55

LexBlog IP

MARCH 10, 2023

Do You Need Multiple Patents for a Single, Multi-Use Invention? If your invention has multiple innovations or components, you may be wondering whether to file separate patent applications for each innovation or file one application for the entire invention. Does the single invention have different uses?

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Invention Patent Application Patent Licensing 52

Patent Trademark Blog

APRIL 19, 2023

What does patent obvious mean? To be patentable, an invention must be novel and nonobvious. A novel invention is new, unique, something hasn’t been before. But, what makes a patent application obvious? Want to file a nonobvious patent? Who really decides if a claimed invention is obvious?

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Patent Patent Application Invention Art 98