Intellectual Property Law Blog

OCTOBER 11, 2022

Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. On September 22, 2022, the U.S.

Patent Application 130

Patent Application Patent Invention Inventor 130

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? of inventors.

Inventor 62

Inventor Invention Patent Patent Application 62

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. 9,980,498 (the “’498 Patent”). Unitherm”), argued that it had rights to the patent because its president was an inventor and should be added to the patent. Iolab Corp.

Inventor 110

Inventor Invention Art Patent 110

IPilogue

SEPTEMBER 28, 2021

Apotex ], I have decided to look at precedence from around the world where courts have contemplated recognizing artificial intelligence (AI) technology as an “inventor.” However, this 2002 decision did not define whether AI technology can be an inventor. Australia: Thaler v Commissioner of Patents [2021] FCA 879.

Technology 111

Technology Inventor Patent Patent Law 111

IP Law 360

SEPTEMBER 21, 2021

An appeals court ruled Tuesday that an artificial intelligence machine cannot be listed as an inventor on a patent application, saying only a "person or persons" are allowed under British law, in a landmark judgment in a worldwide battle over the technology.

Inventor 98

Inventor Patent Application Patent Technology 98

Larson & Larson

SEPTEMBER 14, 2023

In this post, we will explore the intricacies of patent application restrictions, aiming to demystify the process and empower inventors with the knowledge they need to navigate this aspect of patent law successfully. One of the key themes that arises from the restriction requirement is the concept of unity of invention.

Patent Application 40

Patent Application Invention Patent Inventor 40

IPilogue

NOVEMBER 1, 2021

The emergence and rapid development of highly advanced technologies affects virtually every aspect of our day-to-day lives, and in the absence of more explicit legislative authority, the time has finally come for judiciaries to wrestle with the subject matter. Third, nothing in the Act dictates the contrary conclusion.”. Firstly, Kim et al.

Inventor 111

Inventor Patent Invention Intellectual Property 111

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 114

Inventor Patent Invention Patent Application 114

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.

Inventor 129

Inventor Invention Patent Law 129

IPilogue

JANUARY 14, 2022

Student researchers are needed to assist in the preparation of arguments for the ground-breaking DABUS AI patent application in Canada. DABUS and its creator Dr. Stephen Thaler have garnered worldwide attention when patent applications naming DABUS as the sole inventor were filed in several national patent offices.

Patent Application 81

Patent Application IP Patent Ownership 81

The IP Law Blog

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. But can an AI system be a named inventor on a patent? With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. Patent Appl. Thaler, assignee, filed U.S.

Inventor 96

Inventor Invention Patent Patent Application 96

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Biotechnology-the word suggests that this is biological advancement based on technology. Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. This technological advancement heals the world at the molecular level and most often involves DNA modification techniques.

Patent 92

Patent Inventor Invention Intellectual Property 92

Intellectual Property Law Blog

JUNE 7, 2023

Unlike machine learning technology that merely classifies or predicts, generative AI creates. A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. PART ONE Patent Claims and Inventorship The Federal Circuit in Thaler v. Vidal , No.

Patent 130

Patent Intellectual Property Patent Application Inventor 130

IP Watchdog

MARCH 28, 2023

companies and inventors still filed more patent applications with the European Patent Office (EPO) than any other country, according to its Patent Index 2022, which was released today. patent applications numbered 48,088, a 2.9% The index showed that U.S. increase from 2021.

Patent 131

Patent Patent Application Inventor Patent Prosecution 131

The IPKat

NOVEMBER 18, 2022

This Kat is looking out for female inventors Gender balance in the European intellectual property profession is a topic of much comment, with the EPO's recent publication of a study on female representation among inventors adding some interesting figures to the discussion. share of female inventors. share of female inventors.

Inventor 78

Inventor Reporting Intellectual Property Patent Application 78

JD Supra Law

FEBRUARY 5, 2024

As part of the America Invents Act (“AIA”), Congress moved the patent system from a first-to-invent to a first-inventor-to-file system. For patents governed by the new first-to-file system, the Act also eliminated interferences, which are administrative priority contests before the PTAB.

Technology 65

Technology Invention Inventor Patent Application 65

LexBlog IP

DECEMBER 1, 2022

The European Patent Office (EPO) has recently released the outcomes of its new study named “ Women’s participation in inventive activity ”, which aims at better understanding the presence of women inventors across different countries, time periods, technology fields and applicant types.

Inventor 52

Inventor Patent Invention Patent Application 52

Intellectual Property Law Blog

OCTOBER 8, 2021

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. According to the opinion, the claimed method was directed to an application of Hooke’s law, and thus patent ineligible. See American Axle & Manufacturing, Inc.

Patent 246

Patent Inventor Invention Intellectual Property 246

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 process of patent prosecution determines whether the application contains an invention that may be awarded a patent. Sceptical Kat Has DABUS invented?

Inventor 52

Inventor Invention Law Ownership 52

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. AI technology is complex and includes different parts across different fields. from 1990-2018. 1) Training phase.

Invention 242

Invention Patent Privacy Inventor 242

IP.com

JANUARY 29, 2024

Over the last decade, the total annual patent applications submitted to the United States Patent and Trademark Office (USPTO) each year is over 600,000 applications. The fastest patent review process time is 6-12 months if fast-tracked via Track One , with the average taking up to 22 months.

Inventor 52

Inventor Patent Application Patent Technology 52

Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. He would also understand the profitability and commercial viability of his invention.

Marketing 119

Marketing Marketing Inventor Invention 119

IP Watchdog

JANUARY 21, 2024

As reported on IPWatchdog, the UK Supreme court recently ruled that a trained neural network (an Artificial Intelligence known as DABUS) could not be listed as the inventor on two patent applications filed by Dr. Stephen Thaler at the UK Intellectual Property Office (UKIPO).

Inventor 57

Inventor Intellectual Property Patent Application Invention 57

IP Watchdog

MAY 14, 2023

Patent and Trademark Office (USPTO) finding that AI cannot be considered a named inventor to a patent application remains the law of the land. Vidal, meaning that the U.S.

Patent Law 127

Patent Law Law Inventor Patent 127

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. Stephen Thaler , owner and developer of a patent-writing program known as DABUS , submitted patent applications in several countries. And then, in 2021, the USCO and the U.S.

Inventor 98

Inventor Editing Copyright Copyright Law 98

IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. This milestone comes during a particularly prolific period for design patents. In 2022 alone, the USPTO received more than 50,000 design patent applications.

Design Patent 57

Design Patent Designs Design Patent 57

SpicyIP

FEBRUARY 27, 2024

On 5th Feb, a Single Bench (SB) of the Delhi High Court (DHC) overturned a previous order by the Controller General of Patents that had classified the “method of producing ‘protein enriched blood serum’” as a method of treatment under Section 3(i) in The Patents Act, 1970.

Patent 105

Patent Patent Application Invention Reporting 105

LexBlog IP

OCTOBER 4, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Overall, AI is increasingly used in biotechnology, however biotechnology AI patenting is diffusing across all technologies, owners, and inventor-patentees.

Technology 52

Technology Patent Application Trademark Patent 52

LexBlog IP

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. 9,980,498 (the “’498 Patent”). 9,980,498 (the “’498 Patent”). The ‘498 Patent is directed to a two-step process for cooking bacon pieces.

Inventor 52

Inventor Invention Art Patent 52

Patently-O

APRIL 25, 2023

My name is Dennis Crouch, and I am a law professor at Mizzou and author of Patently-O. In certain instances, if the AI were human, it would be rightfully recognized as at least a joint inventor. One key issue is the uncertainty patent attorneys face regarding the proper course of action.

Invention 125

Invention Inventor Patent Intellectual Property 125

IP Watchdog

JULY 25, 2021

As such, AI has been shown to have near endless applications, driving a surge of inventions and related patent application filings. Many AI-based systems are able to recognize trends, patterns and connections, test hypotheses using available data sets, and continuously improve decision trees based on user input.

Patent Application 98

Patent Application Patent Invention Patent Prosecution 98

LexBlog IP

FEBRUARY 13, 2024

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act.

Inventor 52

Inventor Invention Patent Patent Application 52

Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. Applying for patents is like running a race.

Patent Application 52

Patent Application Patent Invention Inventor 52

LexBlog IP

OCTOBER 11, 2022

Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. On September 22, 2022, the U.S.

Patent Application 52

Patent Application Patent Inventor Invention 52

LexBlog IP

SEPTEMBER 23, 2021

Those on the side of the machines see an opportunity for terrific advances, and those opposing are understandably nervous of the notion of technology that can come close to approximating human intelligence, particularly if that tech is given some amount of power and control in managing tasks that would otherwise be done by humans.

Inventor 52

Inventor Intellectual Property Patent Patent Application 52

IP Law 360

MARCH 20, 2024

Companies and inventors filed the highest number of European patent applications to date in 2023, buoyed by marked increases in filings for digital communications and energy technologies.

Inventor 52

Inventor Patent Application Technology Patent 52

IP Watchdog

SEPTEMBER 12, 2021

Patent and Trademark Office (USPTO), discussing the issue of inconsistent statements made by patent applicants pursuant to their disclosure requirements at the USPTO and other federal agencies, especially the U.S. Food and Drug Administration (FDA).

Patent Application 113

Patent Application Art Patent Trademark 113