Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? Uniquely, he declared that he was not the inventor; instead, he attributed the creations to his AI system named DABUS.

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Inventor Patent Law Invention Law 94

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 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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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

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 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. Neapco Holdings LLC.

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IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] The Guidance strives to ensure balance between protecting and incentivizing AI-assisted inventions and not hindering future human innovation, as “the patent system is designed to encourage human ingenuity.” [2]

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Invention Inventor Patent Application Designs 52

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.,

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Invention Inventor Patent Application Patent 70

LexBlog IP

FEBRUARY 13, 2024

In the IPRs, Medtronic asserted that the “Itou” reference qualified as prior art under the pre-AIA § 102(e). Background Medtronic filed two IPR petitions challenging certain claims in Teleflex’s ’116 patent. ” Medtronic appealed. ” Medtronic appealed. Under pre-AIA 25 U.S.C. §

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Invention Art Inventor Patent 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. But, it does not define the term “inventor” or specify whether an inventor must be human.

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Inventor Patent Law Law Patent 106

LexBlog IP

DECEMBER 15, 2023

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. Medtronics filed five IPR petitions using the ’355 patent as the primary prior art reference under pre-AIA 35 U.S.C. § § 102(e). § 102(e).

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Art Inventor Invention Patent 52

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”). This ignores fundamental statutory and constitutional principles and also stymies innovation. Appellee Brief.

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Invention Inventor Art Patent 89

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. Rather, the human must provide significant inventive contribution).

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Inventor Invention Patent Application Designs 117

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

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. 103 as part of the Patent Act of 1952, it nonetheless applied a similar requirement for “invention.” 101, all under the general rubric of the “invention” requirement.

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

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Patent Law Invention Law Art 67

Patently-O

MARCH 26, 2024

Teva references the landmark Supreme Court case of Atlantic Works v. The Supreme Court ultimately reversed the lower court’s decision upholding the patent and found instead that Brady’s claimed invention lacked novelty and did not constitute a patentable advance over the prior art. Such inventors are worthy of all favor.

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Invention Art Patent Designs 57

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. In today’s posting, I provide updates to this article.

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Inventor Patent Application Patent Invention 98

Patently-O

MAY 19, 2022

a) the invention was … patented or described in a printed publication … before the invention thereof by the applicant for patent, or. (b) b) the invention was patented or described in a printed publication … more than one year prior to the date of the application for patent in the United States, or.

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Invention Inventor Art Patent 54

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. He filed two patent applications at the USPTO, listing DABUS as the sole named inventor on both applications.

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Inventor Patent Invention Patent Application 52

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. He filed two patent applications at the USPTO, listing DABUS as the sole named inventor on both applications.

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Inventor Invention Patent Patent Application 52

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

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. A utility patent applies to a broad range of inventions.

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Inventor Patent Design Patent Invention 52

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

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. Guest Post by Meshandren Naidoo and Dr. Christian E.

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Invention Patent Inventor Intellectual Property 127

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

SpicyIP

APRIL 30, 2024

This post attempts to critically analyse the relevance of difference in the purported function of the invention and prior art to determine non-obviousness in identifying the inventive step. ” The invention aimed to simplify the communication of sensor data to applications by converting raw sensor data into lightweight messages.

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The IPKat

JANUARY 27, 2023

39(1)(a) provides that inventions made by employees shall be deemed to belong to their employer if they were made in the course of the normal duties or specifically assigned duties, and the circumstances were such that an invention might reasonably be expected to result from the duties. Who owned the patent?

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Intellectual Property Law Blog

DECEMBER 14, 2023

During the supplemental examination, Malvern cited seven office action documents from the ’782 patent prosecution in an IDS and introduced two declarations by the co-inventor Rochalski. The Federal Circuit looked to the claim language, specification, and the co-inventor declarations submitted with the ’175 patent supplemental examination.

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Invention Patent Prosecution Ownership Inventor 130

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. And, the AIA limited 1-year grace period under 102(b)(2) would not apply since Teleflex did not first disclose the invention. Proving Invention Date.

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Invention Inventor Art Patent Application 57

Intellectual Property Law Blog

JUNE 23, 2023

A process that is substantially economic, financial, business, social, cultural, or artistic. A process that is substantially economic, financial, business, social, cultural, or artistic.

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Patent Invention Inventor Business 130

SpicyIP

AUGUST 9, 2021

According to WIPO’s Revised Issues Paper on Intellectual Property Policy and Artificial Intelligence , AI-generated works refers to any inventions created by AI without any human intervention. ‘AI An important question that arises is can AI actually invent on its own?

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Invention Inventor IP Ownership 122

Patently-O

DECEMBER 19, 2022

Instead, a bill must say something like “in 28 USC 1332, strike ‘$75,000’ and replace it with “$100,000” That can get complicated, with all the federal laws that cross-reference each other, different enactment dates, and so on. The patent application is here. A link to Akin Gump’s petition is here.

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Inventor Patent Application Invention Confidentiality 44

Patently-O

APRIL 30, 2024

References must be sufficiently accessible, clear, and enabling to serve as legitimate evidence of what was previously known. Many of us learned a mantra that “a prior art reference is only good for what it discloses” — but in our expanding world of deep fakes, intentional and otherwise, is face value still worth much?

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Art Invention Patent Application Publishing 109

Patently-O

JUNE 12, 2023

2023), underscores the importance of adhering to the PTAB procedural requirements, particularly the prohibition against incorporating arguments by reference from one document into another during an IPR, as stipulated in 37 C.F.R. Rather, the briefs merely incorporated those arguments by-reference into its Response and Sur-reply briefs.

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Inventor Invention Art Patent 70

Patently-O

SEPTEMBER 27, 2023

However, engaging diverse inventors at large technology companies still presents layers of challenges. counties where women patented over the 30-year span from 1990 to 2019; in 2019, over 20% of patents issued included at least one woman inventor; similar data is not available for minority inventors.

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Inventor Moral Rights Business Technology 113

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

The IPKat

DECEMBER 28, 2021

2021 saw key decisions on claim supremacy, types of antibody claims, the data threshold for second medical use inventions and the AI inventor debate. ?? DABUS: An AI inventor or the Emperor's New Clothes? 3 Sep 2020) Is it time to move on from the AI inventor debate? (2 15 Sep 2021) ??

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