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Humanizing Technology: Back to Basics on DABUS and AI as Inventors

IP Watchdog

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. Further, the USPTO has issued thousands of inventions that utilize AI.

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Innovating the Term ‘Inventor’: AI and Patent Law

IPilogue

Under patent law, it is the general expectation that inventors are humans, not robots. Dr. Stephen Thaler created DABUS (‘Device for the Autonomous Bootstrapping of Unified Sentience’), an artificial neural system, and claimed that DABUS was the sole inventor of the patentable invention. 2002 SCC 77 (“Apotex”).

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Understanding the Indian Biological Diversity law, and its implications for Patent Applications involving Biological Resources

Selvam & Selvam Blog

India’s commitment to conserving its rich biodiversity is reflected in the Biological Diversity Act (BDA) of 2002. For inventors seeking to patent inventions involving biological resources, the Act mandates obtaining approval from the National Biodiversity Authority (NBA).

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Full Scope Written Description

Patently-O

The inventors have been awarded numerous accolades for showing that this approach works to treat some lymphomas. The specification needs to convey that the inventor had “possession” of the claimed invention as of the patent application’s filing date. Kite’s “YESCARTA” therapy was found to infringe.

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Can AI Technology Create a Patent in Canada? A Look at Global Precedence

IPilogue

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. The judge stated that DABUS is not the inventor and cannot be the inventor.

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Amgen Inc. v. Sandoz Inc, No. 2022-1147 (Fed. Cir. Apr. 19, 2023)

Intellectual Property Law Blog

Regarding the ’101 patent, Sandoz argued that the district court erred in holding that the ’515 provisional application inherently disclosed the crystalline Form B of apremilast and thus that it did not provide the necessary written description support to entitle the patent to a March 2002 priority date. Holding(s) No.

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Australia’s Reversal of its DABUS decision on AI-Generated Inventions: How Does this Impact an Imminent Canadian Discussion on AI Inventorship?

IPilogue

Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor.

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