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Inventorship guidance for AI-assisted inventions published by the USPTO

The IPKat

The Guidance has been published and will be effective from 13 February 2024. The guidance instructs examiners on how to determine the correct inventor(s) to be named in a patent or patent application for inventions created by humans with the assistance of one or more AI systems ”. Iolab Corp. )

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Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20)

The IPKat

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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Guest post by Profs. Chien and Grennan: Unpacking the Innovator-Inventor Gap: Evidence from Engineers

Patently-O

Which professors publish in the top journals? And which innovators become inventors? This call is motivated by the observation that while women comprise 35% of the STEM workforce, they make up only 13% of inventors; Black professionals represent 9% of STEM workers but only 1.2% of inventors.

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Patent Rules Published: A Quick Look 

SpicyIP

Image from here On March 15, the Patent (Amendment) Rules, 2024 were published in the Gazette of India, making crucial changes in the Indian patent regime. Certificate of Inventorship The Amended Rules make a provision for issuing a certificate of inventorship at the request of the inventor.

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As USPTO Begins Accepting Applications for PTAB Pro Bono Program, Inventor Community Calls for Stronger Action to Curb PTAB Abuses

IP Watchdog

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).

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Federal Circuit asked to Decide whether US Patent Law Excludes Non-Human Inventors

Patently-O

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.

Inventor 126
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DABUS: An AI inventor or the Emperor's New Clothes?

The IPKat

The question of whether it should be possible to name artificial intelligence (AI) code as an inventor on a patent application continues to dog patent offices and courts around the world. The US District Court, by contrast, recently found against naming an algorithm as an inventor ( IPWatchDog ). outside the competence of the EPO".

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