Patently-O

MARCH 11, 2022

Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind. The USPTO rejected the applications — explaining US patents must name a human inventor. Now the case is pending before the Federal Circuit. Thaler Brief.

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Inventor Patent Law Law Patent 126

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.

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Inventor Patent Invention Trademark 59

The IP Law Blog

NOVEMBER 9, 2023

Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. Unitherm”), argued that it had rights to the patent because its president was an inventor and should be added to the patent. Also, Howard was not named as an inventor. The court in Pannu v.

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Inventor Invention Art Patent 110

IP Law 360

APRIL 11, 2024

An artificial intelligence inventor has bashed the U.S. Copyright Office's arguments that art created by his AI system is not copyrightable because the machine is not human, telling the D.C. Circuit that the government cannot overcome the fact that the work exists, it's original and it qualifies for registration, regardless of its origin.

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Inventor Art Copyright Registration 98

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.

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Inventor Patent Invention 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 of the invention is typically seen as the critical legal determinant of invention and some courts have written that each joint inventor must have contributed substantially to the conception of the invention.*

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Patently-O

APRIL 25, 2024

Chien , Professor of Law at the University of California, Berkeley School of Law and co-director of the Berkeley Center for Law and Technology, and Jillian Grennan , Associate Professor of Finance and Sustainability at the University of California, Berkeley Haas School of Business. And which innovators become inventors?

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Inventor Invention Patent Patent Application 63

IPilogue

SEPTEMBER 24, 2021

Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . But while AI is creating new opportunities and innovations, the law has yet to catch up.

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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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Inventor Invention Patent Patent Law 68

IP Watchdog

DECEMBER 20, 2023

While the Court suggested that questions such as whether inventions like DABUS’ should be patentable and if the meaning of the term “inventor” should be expanded are important ones that should be considered at a policy level, the present case was concerned solely with the interpretation of the present law, which clearly does not contemplate non-human (..)

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Inventor Invention Patent Law 52

JD Supra Law

JANUARY 25, 2024

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

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Inventor Invention Patent Application Patent Law 68

The IPKat

AUGUST 11, 2023

In keeping with the so-called media "silly season" of late summer, PatKat thought she would check-in on the AI inventor debate. The Supreme Court is merely considering whether an AI may be formally designated as an inventor on a UK patent. Final thoughts It is an adage of the legal profession that bad cases make bad law.

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Inventor Invention Law Ownership 52

JD Supra Law

DECEMBER 27, 2023

The case demonstrates a global trend in the current patent law regime to deny inventorship to AI systems based on statutory interpretation of “inventor.”. Supreme Court has followed the lead of U.S. courts and denied patent rights to an artificial intelligence (AI) system. By: Ballard Spahr LLP

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Inventor Patent Patent Law Law 70

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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Intellectual Property Law Intellectual Property Licensing Law 59

The IP Law Blog

AUGUST 11, 2022

But can an AI system be a named inventor on a patent? That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system. Alternatively, if the Patent Act requires inventor(s) must be human, are AI-created inventions not patentable at all under the current statute?

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The IPKat

DECEMBER 13, 2021

Over to the Professors: "There is an increasing influential and bludgeoning legal literature on how artificial intelligence (AI) systems should be treated in law. One question that has recently been in the headlines around the world, thanks to the Artificial Inventor Project, is whether or not an AI system can be regarded as an inventor.

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Inventor Invention Ownership Intellectual Property Law 135

JD Supra Law

JANUARY 18, 2024

became the fourth jurisdiction to reach a final determination that a generative AI platform could not be named as an inventor on a patent. Supreme Court relied on statutory language to hold that “an inventor within the meaning of the 1977 [U.K. In December, the United Kingdom (the “U.K.”)

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Inventor Patent 68

JD Supra Law

APRIL 22, 2024

On April 17, 2024, I had the honor of moderating an online panel entitled “Promoting Inventor Equity in Patenting”—part of the OHSU Innovates series hosted by the OHSU Technology Transfer office and OHSU Collaborations and Entrepreneurship team.

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JD Supra Law

AUGUST 9, 2022

Summary: Under the Patent Act , an “inventor” must be a natural person. Therefore, an AI system cannot be an inventor. Thaler filed two patent applications with the PTO listing DABUS, an AI system, as the sole inventor. Appeal from the United States District Court for the Eastern District of Virginia. By: Knobbe Martens

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Inventor Patent Application Patent 98

JD Supra Law

AUGUST 11, 2022

Patent Trademark Office (PTO) in holding that artificial intelligence (AI) cannot be considered an “inventor” for purposes of obtaining patents. By: Pillsbury - Internet & Social Media Law Blog Court of Appeals for the Federal Circuit has agreed with the U.S.

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The IPKat

JULY 11, 2022

The EPO Board of Appeal has published its full decision on the question of whether a machine can be an inventor ( J 8/20 ). The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ).

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Patently-O

APRIL 26, 2023

Though the patent system exists to promote innovation, it also serves to promote inventors and innovators. For more visit, For more stories, and to add your own story , visit the “Inventor’s Diary” at www.diversitypilots.org. What did becoming an inventor mean to you? response rate of ~25%). ” – Sujesha S.,

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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. In his petition to the Supreme Court, Thaler asked if the Patent Act restricts the statutory term “inventor” solely to human beings.

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Inventor Patent Invention Patent Application 88

The IPKat

OCTOBER 10, 2022

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator.

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Inventor Invention Patent Ownership 140

LexBlog IP

FEBRUARY 14, 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. On February 13, 2024, the U.S. 101 and 115.

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Inventor Invention Patent Designs 52

IPilogue

NOVEMBER 1, 2021

Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode, and a 2L JD Candidate at Osgoode Hall Law School. . In their position statement entitled “Artificial Intelligence Systems as Inventors?” , Dr. Daria Kim, Dr. Josef Drexl, Dr. Josef Drexl, Dr. Reto M. Hilty, and Peter R.

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Inventor Patent Invention Intellectual Property 111

IP Law 360

MARCH 8, 2024

Federal patent officials are giving a yearlong extension to a program that allows smaller inventors who are filing their first patent applications to cut the line for their inventions to be reviewed.

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Inventor Patent Patent Application Invention 59

JD Supra Law

JANUARY 8, 2024

The United Kingdom Supreme Court (the ultimate appeal level in the UK legal system) has ruled in a decision of 20 December 2023 that an artificial intelligence (“AI”) system cannot be identified in a patent application as the inventor. By: Dorsey & Whitney LLP

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Inventor Patent Patent Application 73

JD Supra Law

MAY 2, 2024

Most inventors can attest to the surprise they felt upon learning that the United States Patent and Trademark Office (USPTO) likely will not respond to their first patent application for a couple of years after filing.

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Inventor Patent Application Patent Designs 62

JD Supra Law

OCTOBER 4, 2021

But, can an AI be an “inventor” within the meaning of U.S. patent law? We live at a time when Artificial Intelligence (AI) autonomously drives cars, carries on conversations with humans, and in many other ways engages in seemingly intelligent and increasingly even creative acts previously performed only by humans.

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Inventor Patent Law Law Patent 92

IP Law 360

DECEMBER 6, 2023

An inventor is accusing Major League Baseball of infringing his 2015 patent for a digital ticketing system, which he says the league and its teams have used at ballparks without permission.

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Inventor Patent 75

JD Supra Law

JANUARY 19, 2022

Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues surrounding AI and its implications for life sciences innovations. By: Proskauer - Life Sciences

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The IPKat

FEBRUARY 16, 2024

This is a book review of Teaching Intellectual Property Law: Strategy and Management edited by Sabine Jacques, Associate Professor in Information Technology, Media and Intellectual Property Law, University of East Anglia Law School and Ruth Soetendorp, Visiting Academic, City University of London and Professor Emerita, Bournemouth University.

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Intellectual Property Law Intellectual Property Law Non-Fungible Tokens 113

The IPKat

DECEMBER 20, 2023

The outcome of this appeal turned on three issues: Issue 1 is the scope and meaning of ‘inventor’ in the 1977 Act. The Supreme Court held that the inventor within the meaning of the 1977 Act must be a natural person, and the AI machine DABUS is not a person let alone a natural person ([54] – [65]).

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IP Law 360

AUGUST 5, 2022

The Federal Circuit on Friday rejected a researcher's bid to name an artificial intelligence machine he created as an inventor on two patents, ruling that the Patent Act is unambiguous that only human beings qualify as inventors.

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Inventor Patent 115

IP Law 360

FEBRUARY 21, 2024

Patent and Trademark Office a win in a suit accusing it of flouting federal law by not adequately providing an inventor group with information it requested from the federal government relating to delegations of authority to various officials at the agency. federal judge has given the U.S.

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JD Supra Law

OCTOBER 4, 2021

On September 2, 2021, the US District Court for the Eastern District of Virginia granted the United States Patent and Trademark Office’s (USPTO’s) motion for summary judgement, finding that an artificial intelligence (AI) system cannot be named as an inventor on a patent. By: Morgan Lewis - Tech & Sourcing

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