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Recently, AI technology once again exceeded the legal community’s expectations by filing a patent for its invention of interlocking food containers. Under patentlaw, it is the general expectation that inventors are humans, not robots. Europe, Australia, and South Africa, only Australia and South Africa granted this patent.
However, the patenting of methods for medical treatment of human beings presents a complex issue, intertwining patentlaw with medical law. Medical law, rooted in the Hippocratic Oath, prioritizes the preservation of human life.
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 patentownership to an AI inventor.
Reviewing this provision to include patenting discovery of non-living substances tips the fine balance that currently exists in the patent regime and over-extends monopoly rights. Section 3(j) was introduced through the 2002 amendment to the Patents Act to meet India’s TRIPS obligation under Article 27 [Patentable Subject Matter].
2022) focuses on the classic patentlaw question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. Application of the on sale bar is a question of law as is the underlying issue of whether the experimental use exception applies. 2002) (offer to make a “remote database object.
Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patentlaw in the Indian context. Patent Office orders have partially answered what it means to wrongfully obtain a patent but are inconsistent in adjudicating wrongful obtainment claims.
The decision clarifies the purpose of the two processes and is a must read for all patentlaw enthusiasts. The Rules supersede the Biological Diversity Rules, 2004, and have been created supplementing the 2023 amendment to the Biological Diversity Act, 2002. Vodafone Idea Ltd.
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