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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

Previously, the Federal Court of Australia ruled that Australian patent law did not preclude “non-human” inventors from owning patents over their creations because no mental state of an inventor is required for an invention. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

Invention 110
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Can AI Technology Create a Patent in Canada? A Look at Global Precedence

IPilogue

However, this 2002 decision did not define whether AI technology can be an inventor. Justice Marcus Smith explained his reasoning by saying that the meaning of the word “inventor” is limited to people under UK patent law. Canada: Apotex Inc v Wellcome Foundation Ltd [2002] 4 SCR 153.

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SpicyIP Weekly Review (November 25 – December 1)

SpicyIP

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. In this post by Kartikeya S.,

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SpicyIP Weekly Review (March 3 – March 9)

SpicyIP

Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law 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. Vennootschap (Sr.

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Evergreening of Patents

Kashishipr

In 2002, the Federal Trade Commission, after an extensive inquiry, found out that over 75% of applications by generic pharmaceutical manufacturers were in some way or other involved in litigation initiated by the original patent holders. India changed its Patents Laws in 2005 to comply with the TRIPS Agreement.

Patent 105
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On Sale Bar – Sales require Consideration, not necessarily Money Payment

Patently-O

2022) focuses on the classic patent law 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) quoting Group One, Ltd.

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Intellectual Property Rights in the Realm of Medicinal Knowledge

IP and Legal Filings

Currently, Indian patent laws are rather inchoate when it comes to granting patents for Ayurvedic medicines. Subsequently, CSIR requested the USPTO to re-examine the patent application. Upon re-examination, the examiner rejected the claims that were put forth by the applicants.