Patently-O

APRIL 29, 2024

by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. The petitioner argues that the Federal Circuit’s test, established in Antares Pharma, Inc.

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Intellectual Property Law Blog

FEBRUARY 21, 2024

patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention. With the advent of such AI-assisted inventions, the USPTO is rethinking its requirements regarding the duty of disclosure. Everyone involved in the filing and prosecution of a U.S.

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LexBlog IP

SEPTEMBER 20, 2023

On September 15, 2023, New York Governor Kathy Hochul signed into law a new section of the New York Labor Law limiting the assignment of inventions by employees to their employers. The new law became immediately effective upon Governor Hochul’s signing.

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JD Supra Law

NOVEMBER 21, 2023

On September 15, 2023, New York Governor Kathy Hochul signed a law that made dramatic changes to the enforceability of invention assignment provisions in employment agreements and likely in related agreements including offer letters and Confidentiality, Information and Invention Assignment Agreements (CIIAAs).

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JD Supra Law

OCTOBER 13, 2023

A recently enacted New York State law that took effect immediately restricts employers’ use of employment agreements which require that employees assign to their employer rights to inventions that were created by the employee on his/her own time and without the use of the employer’s resources.

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The IPKat

OCTOBER 31, 2023

The recent decision in T 0258/21 , by contrast, is the first interpretation of G 2/21 leading to a finding of a lack of inventive step in view of an inadequate disclosure of the purported technical effect. However, T 0258/21 related to subject matter for which the EPO has always required additional evidence.

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Patently-O

APRIL 25, 2023

My name is Dennis Crouch, and I am a law professor at Mizzou and author of Patently-O. As artificial intelligence progresses at an unprecedented pace, numerous cases have emerged where generative AI has played a crucial role in conceiving an invention. This scenario closely mirrors the role of generative AI in the invention process.

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Invention Inventor Patent Intellectual Property 125

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. student at National Law University, Delhi. SpicyIP intern Vedika discusses this development. Vedika is a third-year B.A.LL.B.

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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. Rob Merge s, Dr. Yuan Hao (PhD), and Prof. Colleen Chien. Hope to see you online!

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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 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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Invention Inventor Patent Patent Application 57

JD Supra Law

APRIL 30, 2024

This article discusses patent strategies for ADC inventions. Food and Drug Administration (FDA) approval and rapidly growing market size as discussed in previous articles in this series. By: Foley & Lardner LLP

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JD Supra Law

FEBRUARY 15, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. By: Sheppard Mullin Richter & Hampton LLP

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JD Supra Law

FEBRUARY 29, 2024

On February 13, the United States Patent and Trademark Office (USPTO) issued inventorship guidance, effective immediately, for inventions created with the assistance of artificial intelligence (AI). By: Lowenstein Sandler LLP

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Invention Patent Application Trademark Patent 63

IP Law 360

FEBRUARY 12, 2024

Patent and Trademark Office on Monday issued guidance on how it will determine whether inventions developed with the assistance of artificial intelligence can be patented, explaining that a human must have made a "significant contribution."

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Invention Patent Trademark 111

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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The IPKat

SEPTEMBER 10, 2023

The minutes are brief but confirm the Board of Appeal's decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. The inventive step of the claimed invention was acknowledged based on the post-published data submitted by the Patentee. How many moths needed for an invention?

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Invention Publishing Law Patent Application 120

JD Supra Law

NOVEMBER 1, 2023

On September 15th 2023, Governor Kathy Hochul signed into law an amendment to the New York Labor Law. The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees. By: Seyfarth Shaw LLP

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JD Supra Law

MARCH 4, 2024

The US Patent and Trademark Office (USPTO) recently issued what it labeled as Inventorship Guidance for AI-Assisted Inventions [Docket No. Despite its name, the document provides little in the way of certainty that one could not garner from reviewing recent precedent addressing the issue of artificial intelligence (AI) inventions.

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Invention Trademark Law Patent 66

IP Law 360

MARCH 15, 2024

significantly contributed to the invention of a road trailer for transporting liquefied natural gas, upholding a lower court's finding that they must be credited as co-inventors on the patent. The Federal Circuit ruled Friday that two executives of pipe company Tube-Mac Industries Inc.

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Invention Inventor Patent 98

The IPKat

AUGUST 4, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

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Invention Art Patent Reporting 98

The IPKat

AUGUST 11, 2023

PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. Sceptical Kat Has DABUS invented?

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Patently-O

AUGUST 5, 2022

Patent Law, because the U.S. In its newest decision on the topic, the Federal Circuit declares instead, for the purposes of patent law, an inventor must be human. In the case, Thaler claims to own a computer named DABUS, and that DABUS conceived-of two patentable inventions. The word individual is important for U.S. 35 U.S.C. §

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Invention Inventor Patent Law Patent 99

JD Supra Law

OCTOBER 13, 2023

On September 15, New York enacted Labor Law Section 203-f, limiting the enforceability of invention assignment provisions in employment agreements. Under the new law, employers do not have rights to any employee inventions created on the employee’s own time and without the use of employer resources or trade secrets.

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Invention Law 71

JD Supra Law

JANUARY 25, 2024

Technical developments created by AI cannot be ‘inventions’ within the meaning of UK patent legislation. UK patent law does not allow patents to be granted in respect of inventions made autonomously by machines. An AI system cannot be named as the inventor in a UK patent application – the inventor(s) must be human.

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Inventor Invention Patent Application Patent Law 66

JD Supra Law

OCTOBER 25, 2023

Governor Kathy Hochul signed a bill into law last month that amended the New York State Labor Law by adding a new section (203-f). By: Hinshaw & Culbertson - Employment Law

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Invention Law 63

Intellectual Property Law Blog

AUGUST 30, 2021

In the following sections, we will discuss an illustrative list of subject areas that may offer patentable AI inventions. (1) However, inventors often need to improve various aspects of an existing AI system to make it fit and work for their applications. 1) Training phase.

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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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LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). 2022), and this release provides guidance regarding the open question of human inventorship for inventions developed by a person working with the assistance of an AI system. Vidal , 43 F.4th 4th 1207 (Fed.

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JD Supra Law

FEBRUARY 14, 2024

The United States Patent and Trademark Office (USPTO) has recently set a course for the intellectual property landscape with its further guidance on AI-assisted inventions, as outlined in the Federal Register notice. By: Brooks Kushman P.C.

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Patently-O

APRIL 13, 2022

Yes, a corporation may own or license an invention and its resulting patents. But, the law persists in most nations as it has for more than 200 years that patentable inventions must begin with a human person, the inventor. Noam Shemtov and Garry Gabison, The Inventive Step Requirement and the Rise of the AI Machines.

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JD Supra Law

JANUARY 11, 2024

This past Friday, a federal district court held that the mere fact of combining certain natural products – such as isolated, naturally occurring AAV sequences and a heterologous non-AAV sequence – and putting them into a cultured host cell, without some change, does not give rise to a patent eligible invention under 35 U.S.C. §

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The IP Law Blog

MARCH 15, 2024

Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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IP Law 360

APRIL 23, 2024

Patent and Trademark Office that inventions developed with assistance from "artificial intelligence" tools can be patented prompted a "sigh of relief" among many attorneys, but confronting the nuances will create challenges, experts said Tuesday. Recent guidance from the U.S.

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Invention Patent Trademark 59

JD Supra Law

FEBRUARY 15, 2024

On February 12, 2024, the United States Patent and Trademark Office (USPTO) announced guidance and a request for comments regarding evaluating inventorship for artificial intelligence (AI) assisted inventions (the “AI Guidance”).

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Invention Trademark Patent 63

IIPRD

MAY 9, 2024

This has led to the introduction of intellectual property rights which are a set of exclusionary rights as it excludes the world from enjoying a set of rights arising out an invention or creation, except the inventor or creator. These laws establish the backbone of safeguarding all the rights accrued to various kinds of intellectual property.

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Patently-O

MARCH 26, 2024

Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.” Such an indiscriminate creation of exclusive privileges tends rather to obstruct than to stimulate invention.

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JD Supra Law

MARCH 7, 2024

Invention assignment provisions are fundamental in employment agreements. On one hand, they are the mechanism by which an employer takes ownership of important types of intellectual property employees create that relates to the job—potentially patentable inventions, which may be trade secrets unless patent protection is sought.

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