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)

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Invention Inventor Patent Patent Application 57

SpicyIP

DECEMBER 22, 2023

[ On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. As discussed here , South Africa and Australia are the only jurisdictions where DABUS has been registered as an inventor.

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Invention Inventor Patent Registration 59

JD Supra Law

FEBRUARY 19, 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. A notable example of this is Thaler v.

Inventor 59

Inventor Patent Invention Trademark 59

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.

Inventor 52

Inventor Patent Invention Patent Application 52

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

JD Supra Law

MARCH 4, 2024

Patent and Trademark Office (USPTO) has issued guidance regarding patentability and inventorship for inventions made with the assistance of artificial intelligence (AI), clarifying the Office’s position that such inventions are patent-eligible so long as at least one human inventor made a significant contribution to conception of the invention.

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Invention Inventor Patent Trademark 62

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. Stephen L.

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Inventor Invention Patent Application Patent 52

LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). The Federal Circuit previously held that an AI system cannot be listed as an inventor in Thaler v. Simply owning or overseeing an AI system used in the creation of an invention. Vidal , 43 F.4th 4th 1207 (Fed.

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Invention Inventor Intellectual Property Law Intellectual Property 52

IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 2] Section II of the Guidance confirms the USPTO’s position, and that of the Federal Circuit, regarding who can be named an inventor on patents or applications. In Thaler v. 4] Based on U.S.

Invention 52

Invention Inventor Patent Application Designs 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

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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Inventor Patent Invention Patent Application 87

IP Watchdog

AUGUST 7, 2021

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. Further, the USPTO has issued thousands of inventions that utilize AI.

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Inventor Technology Patent Application Invention 142

JD Supra Law

APRIL 17, 2024

The USPTO expounds a clear message for patent and trademark attorneys, patent agents, and inventors: use of artificial intelligence (AI), including generative AI, in patent and trademark activities and filings before the USPTO entails risks to be mitigated, and you must disclose use of AI in creation of an invention or practice before the USPTO if (..)

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Trademark Inventor Patent Invention 62

LexBlog IP

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. With the advent of such AI-assisted inventions, the USPTO is rethinking its requirements regarding the duty of disclosure.

Invention 52

Invention Inventor Patent Application Patent 52

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.

Inventor 117

Inventor Patent Invention Patent Application 117

U.S. Department of Commerce

MARCH 22, 2022

Women’s History Month: USPTO Highlights Trailblazing Women Inventors. In honor of Women’s History Month, and as part of its efforts to protect and promote the ingenuity of American inventors and entrepreneurs, the Department of Commerce’s U.S. She will be inducted into the National Inventors Hall of Fame (NIHF) this year.

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Inventor Invention Technology Intellectual Property 82

Intellectual Property Law Blog

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. VSI”), asserted that the claimed invention of the challenged patents was conceived in early 2005. Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S.

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Art Inventor Invention Patent 147

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

U.S. Department of Commerce

JUNE 9, 2022

Visit the Reopened National Inventors Hall of Fame Museum. The National Inventors Hall of Fame (NIHF) Museum is now open to the public! To be inducted into the National Inventors Hall of Fame, an inventor must hold a U.S. There is no better way to learn what trademark protection means for the brands you know and trust.

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Inventor Invention Intellectual Property Branding 65

U.S. Department of Commerce

FEBRUARY 16, 2022

Black Inventors and Entrepreneurs – Past, Present, and Future. Patent and Trademark Office and the International Trade Administration. It is also an opportunity to spotlight some of the many inspiring stories and successes of Black inventors and Black-owned businesses. February 16, 2022. KCPullen@doc.gov. Intellectual property.

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Inventor Intellectual Property Business Marketing 95

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. Recognizing here that mere control of an AI is insufficient.

Inventor 117

Inventor Invention Patent Application Designs 117

JD Supra Law

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. By: Sheppard Mullin Richter & Hampton LLP

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Invention Inventor Patent Application Trademark 68

IP Watchdog

APRIL 25, 2023

Patent and Trademark Office (USPTO) held its East Coast Listening Session on AI Inventorship today, featuring both USPTO staff and patent stakeholder speakers contemplating possible approaches to patenting in a world in which generative artificial intelligence (AI) almost seems to have snuck up on everyone.

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Invention Trademark Patent Inventor 131

Larson & Larson

MARCH 9, 2023

AI technology has the potential to drastically reduce the time, effort and cost associated with invention. This article will explore the implications of AI inventorship, and discuss its potential benefits to inventors and the world at large. In the near future, AI will play a bigger role in the invention process.

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Inventor Invention Marketing Marketing 40

IP Watchdog

JUNE 9, 2022

Patent and Trademark Office’s (USPTO’s) Director’s Blog published a post authored by USPTO Director Kathi Vidal announcing that the agency is now receiving applications from inventors seeking free legal assistance to bring ex parte appeals of patent examiner rejections to the Patent Trial and Appeal Board (PTAB). On June 7, the U.S.

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Inventor Blogging Publishing Trademark 105

Patently-O

MARCH 26, 2024

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. Brady for an improved dredge boat design. 63, 67 (2020).

Invention 57

Invention Art Patent Designs 57

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. Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor.

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Invention Ownership Intellectual Property Inventor 111

SpicyIP

JANUARY 30, 2024

As reported , Monish Gujral, the managing director at Moti Mahal says “ You cannot take away somebody’s legacy … The dish was invented when our grandfather was in Pakistan.” Is it about the exclusive right to use a trademark – “butter chicken” or the “look and feel” of a restaurant?;

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False Advertising Social Media Inventor Advertising 116

LexBlog IP

MAY 9, 2022

When filing a CIP application, it is common to add new inventors related to the new disclosure. But, is it necessary to include the previous inventors as well? The short answer is yes; at least a subset of the inventors from the parent application should be included in the CIP application. Understanding CIP Applications.

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Inventor Invention Patent Application Patent Prosecution 52

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. In this blog post, we will discuss several free online tools and resources that every inventor should know about. Jump to a Section: USPTO Website. Events and Webinars. Patent Basics.

Inventor 52

Inventor Intellectual Property Invention Patent Application 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. He filed two patent applications at the USPTO, listing DABUS as the sole named inventor on both applications.

Inventor 52

Inventor Patent Invention Patent Application 52

U.S. Department of Commerce

AUGUST 16, 2021

Invention-Con 2021: Capitalizing on Your Intellectual Property. Are you a young or independent inventor, an entrepreneur, or a small business owner whose success depends on guarding your creative work? Patent and Trademark Office’s (USPTO) free online Invention-Con 2021: Capitalizing on your intellectual property, coming August 18-20.

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Intellectual Property Invention Inventor Music 67

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.

Inventor 52

Inventor Invention Patent Patent Application 52

IP Law 360

SEPTEMBER 16, 2021

As the America Invents Act turned 10 Thursday, two dozen independent inventors and activists gathered outside the U.S. Patent and Trademark Office in Alexandria, Virginia, to demonstrate against one of the law's major impacts: the creation of the Patent Trial and Appeal Board.

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Inventor Invention Trademark Law 65

Velocity of Content

MARCH 16, 2022

Patent and Trademark Office (USPTO) held a second symposium looking at the potential for change in the treatment of machine-created works. As a result of these applications, the government of South Africa recognized DABUS as the inventor on a patent. Is there a case for protecting AI-devised inventions by IP rights?

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Inventor Editing Copyright Copyright Law 98

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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IP Tech Blog

SEPTEMBER 2, 2021

On September 3, 2021, the US Patent & Trademark Office (USPTO) will announce that it is modifying the COVID-19 Prioritized Examination Pilot Program to accept an unlimited number of applications until December 31, 2021. Please see our blogs here and here for further background information.

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