SpicyIP

DECEMBER 22, 2023

Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. Image of Dr. Thaler taken from here On December 20, 2023, the UK Supreme Court ruled against granting patent protection to two inventions whose investor was listed as DABUS (Device for the Autonomous Bootstrapping of Unified Sentience).

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Invention Inventor Patent Registration 59

LexBlog IP

DECEMBER 21, 2023

Stephen Thaler, nelle quali veniva designato come unico inventore il sistema di intelligenza artificiale “DABUS”, di proprietà dello stesso Dott. Stephen Thaler. Le due domande erano state inizialmente respinte dall’UKIPO nel 2019 (decisione disponibile qui ), sostenendo che il Dott. §§ 54-73).

Inventor 52

Inventor Patent Application Patent Intellectual Property 52

Patently-O

AUGUST 29, 2023

The case offers a few key takeaways for entrepreneurs delving into the patent system. Background : William Taylor and his business partner developed a software application called SafeCell and assigned the patent rights to their startup company W2W. They hired Hunton AK to handle the patent application process.

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Inventor Patent Application Business Ownership 63

LexBlog IP

MAY 31, 2023

part of a patent claim), does the AI system need to be listed as an “inventor”? patent law, an inventor is one who contributes to the conception of at least one claim element of a given patent claim (i.e., patent law. patent law. Conception is important because, at least under U.S.

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Inventor Patent Application Invention Patent 40

JD Supra Law

DECEMBER 1, 2021

There is a split developing in the world over whether artificial intelligence software (AI) can be listed as an inventor on a patent application. In September 2021, the district court held that there was “overwhelming evidence” that Congress defined the term inventor in the Patent Act to include only natural persons.

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Invention Inventor Patent Application Patent 145

Intellectual Property Law Blog

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. AI patent activities by year. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development.

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Invention Patent Privacy Inventor 242

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. Plant Patent.

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Inventor Patent Design Patent Invention 52

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” A patent protects an invention.

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Confidentiality Invention Business Artistic Work 113

Olartemoure Blog

JULY 21, 2023

MULTI-CHANNEL BRAIN OR CORTICAL ACTIVITY MONITORING AND METHOD US 11,553,869 B1 Inventors: Stéphane Bibian, Tatjana Zikov Assignee: NeuroWave Systems Inc. Date of Patent: Jan. SYSTEM FOR VARIABLY CONFIGURABLE, ADAPTABLE ELECTRODE ARRAYS AND SOFTWARE US 11,633,595 B2 Inventor: Michael P. Date of Patent: Apr.

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Inventor Intellectual Property Patent 98

Intellectual Property Law Blog

JUNE 7, 2023

Industry stalwarts and startups alike have launched generative models that can create new text, images, video, 3D models, and even software code — with the promise of more powerful and disruptive innovations to soon follow. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments.

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Patent Intellectual Property Patent Application Inventor 130

Patently-O

FEBRUARY 13, 2023

During one of the meetings, Sywula apparently sketched-out a diagram on a napkin that he gave to DaCosta and that eventually served as a basis for the patent filings in this case. Then came the patenting. Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting.

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Inventor Ownership Invention Patent 74

Patently-O

DECEMBER 19, 2022

That problem had apparently been known in the legislation drafting software area for a while, too. Xcential then was the first, and apparently only, one to file a patent application naming its long-time coding expert as inventor. The patent application is here. By David Hricik, Mercer Law School.

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Inventor Patent Application Invention Confidentiality 45

SpicyIP

APRIL 30, 2024

Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. Background The appellant (Microsoft) filed a patent application on 27 February 2012 for an invention titled “Message Communication of Sensor and other Data.”

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Invention Art Designs Design 95

JD Supra Law

FEBRUARY 13, 2023

Steven Thaler filed two patent applications naming “Device for the Autonomous Bootstrapping of Unified Science” (DABUS) as the sole inventor. DABUS is an artificial intelligence software system. Thaler petitioned the PTO Director to vacate the notices, which the PTO denied. Thaler then sued the PTO in the U.S.

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Inventor Patent Application Trademark Patent 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Introduction Software refers to a compilation of instructions, data, or programs designed to operate machinery and execute specific tasks. The realm of software serves as the driving force behind modern efficiency and innovation in various industries, relying on intricate instructions and programs to accomplish specific tasks.

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Intellectual Property Invention Artistic Work Copyright 56

Patently-O

APRIL 10, 2024

By Dennis Crouch In a recent unpublished decision, the Georgia Court of Appeals affirmed summary judgment in favor of CPA Global Support Services, LLC (“CPA”) (now part of Clarivate) against a claim of negligent misrepresentation brought by inventor James C. and his patent holding company (Spectrum Spine). Robinson, M.D.

Contracts 75

Contracts Law Inventor Patent Application 75

Patently-O

APRIL 21, 2024

Datzov, The Role of Patent (In)Eligibility in Promoting Artificial Intelligence Innovation , 92 UMKC L. AI Visualize had asserted four related patents that facilitated use of a low-bandwidth web portal for visualizing 3D/4D medical scans. Patent Nos. Patent Nos. .” Nikola L. 1, 4 (2023). AI Visualize, Inc.

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Invention Technology Patent Drafting Patent 71

IPilogue

SEPTEMBER 6, 2022

The IP principle that abstract ideas cannot be patented has often been misapplied to the development of software, often boiling down to concluding software to be unpatentable. However, which parts of software are patentable, and which parts are not?

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IP Law Patent Patent Application 59

IP Law 360

MAY 19, 2023

An inventor of anti-malware software is asking the Federal Circuit for en banc review after a panel tossed a $20 million jury patent verdict in his favor against Google and its Chrome browser, saying the opinion risks improperly invalidating "countless reissue patents that otherwise meet the conditions of patentability."

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Inventor Patent 40

IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

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Patent Invention Inventor Technology 52

LexBlog IP

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” As the U.S.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

The IP Law Blog

DECEMBER 8, 2022

A lot of people have gotten patents for things related to Christmas. There are a number of patents intended to help parents convince children that Santa has been there. This patent covers a Christmas stocking that contains a light bulb or LED, a battery to power the light, and a hidden switch that turns on the light. 10,123,646.

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Patent Design Patent Invention Inventor 98

IP and Legal Filings

AUGUST 22, 2022

The United States currently enjoys a strong competitive position in international software markets and appropriate intellectual-property protections and enforcement can help maintain our position and reduce piracy. Copyright is the predominant form of software protection in the United States and other international territories.

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Intellectual Property Invention Copyright Inventor 52

IPilogue

AUGUST 11, 2021

The past few years have witnessed some astounding advances in artificial intelligence, with high profile breakthroughs, such as software now in use autonomously diagnosing disease , algorithms that can design new microchips better than teams of people , and machines that can write interesting articles.

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Intellectual Property Inventor Invention Business 112

Kashishipr

MARCH 9, 2022

A patent is a form of Intellectual Property (IP) granted to the owners of an invention or innovation, giving them the right to control how others could use or exploit their invention or innovation. If a business company releases its software via open-source licensing, it can limit the company’s ability to assert its Patent Rights.

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Patent Patent Troll Licensing Invention 81

Patently-O

JANUARY 19, 2024

ITC , the Federal Circuit has affirmed determinations by the International Trade Commission (“ITC”) favoring the patent holder Universal Electronics, Inc. The most interesting part of the case for me is the assignment issue – whether the patents had been properly assigned at the appropriate time. Universal”).

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Inventor Ownership Contracts Intellectual Property 68

IP Watchdog

AUGUST 26, 2021

Yet the debate still rages over when a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none” (as eloquently phrased over 73 years ago by then-Supreme Court Justice Douglas in Funk Bros. Supreme Court’s 2014 Alice Corp. CLS Bank decision.

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Journalism Patent Patent Prosecution Inventor 144

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. Sunoco’s patents cover systems for blending butane into gasoline. The patents here are pre-AIA and so the on-sale bar included a one-year pre-filing grace period.

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Invention Contracts Licensing Inventor 82

IPilogue

FEBRUARY 13, 2023

For the first time in decades, the US Supreme Court will engage with enablement in patent applications. Specifically, Amgen seeks to appeal a decision from the Federal Circuit , in which the court found Amgen’s patents invalid for lack of enablement. The requirement of enablement in US patent law is codified in 35 USC s.

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Patent Invention Art Inventor 101

IP Watchdog

AUGUST 8, 2023

Recently, it has come to my attention that a system that utilizes a camera to capture images and software to run facial recognition is being rejected by the United States Patent and Trademark Office (USPTO) as an abstract idea.

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Patent Technology Business Trademark 98

Biswajit Sarkar Copyright Blog

OCTOBER 30, 2023

The use of fingerprint recognition has grown significantly in recent years. It is now a common feature in many aspects of our lives, from unlocking our smartphones and accessing secure apps to entering high-security facilities, this technology is everywhere. These features are used to create a unique digital representation of the fingerprint.

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Patent Technology Intellectual Property Invention 82

LexBlog IP

APRIL 4, 2023

This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). Technologies is similar to other NPEs, asserting two patents against well-known companies for technology that has been around since the turn of the millennium.

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Technology Patent Troll Settlement Inventor 52

IPilogue

NOVEMBER 23, 2021

Patent and Trademarks Office (USPTO) closed the public comment period on the contentious topic of patent eligibility. Patent and Trademarks Office (USPTO) closed the public comment period on the contentious topic of patent eligibility. The law outlines what innovators can and cannot patent in the United States.

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Patently-O

MAY 13, 2022

Following a failed en banc petition, famed inventor Gilbert Hyatt hired a new Supreme Court counsel (the famed Erwin Chemerinsky) who has now filed a petition for writ of certiorari focusing on standards for dismissing Administrative Procedure Act (APA) claims. Of those, 99% list Gilbert Hyatt as an inventor.

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Patent Inventor Patent Application Law 133

Canadian Intellectual Property Blog

JANUARY 6, 2021

Some of the most valuable inventions are software implemented methods. Many software methods are business method patents designed to make business more efficient. Software patents, historically, were not considered patentable. This changed in 2010 with the granting of the Amazon 1-click patent.

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Business Patent Invention Intellectual Property 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”. However, the underlying argument from the Controller’s office pertained to the aspects of software and hardware. More so, the requirement of novel hardware was negated due to lack of basis in law.

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Invention Patent Technology Designs 52

Patent Trademark Blog

APRIL 14, 2022

Will your patent be rejected? Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. How to respond to utility patent rejections.

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