Patently-O
MARCH 21, 2023
Vidal ask the Supreme Court one simple question: Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone? In Thaler’s case, the PTO and courts short-circuited the patentability analysis because the purported inventor is a machine, and machines simply are not permitted to be inventors.
Patently-O
MARCH 11, 2022
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.
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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. Unitherm”), argued that it had rights to the patent because its president was an inventor and should be added to the patent. Also, Howard was not named as an inventor. The court in Pannu v.
JD Supra Law
OCTOBER 6, 2021
Ten years ago, on September 16, 2011, the America Invents Act (“AIA”) became law. This article is the second in a multi-part series of articles on the significant changes introduced by the AIA and the results of those changes. By: Nexsen Pruet, PLLC
IP Watchdog
SEPTEMBER 16, 2021
The discussion centered mostly on the change from a first-inventor-to-invent to a first-inventor-to-file system, which was seen as a way to harmonize the United States with the rest of the world, but which many feared would be detrimental to U.S. I began writing for Managing IP magazine in 2007 and remember well the lead-up to the law.
Patently-O
JUNE 28, 2022
When the Patent Act of 1790 refers to inventors, it lists gender inclusive forms of “he, she, or they:” [The inventor(s) must] set[] forth, that he, she, or they , hath or have invented or discovered any useful art, manufacture, engine, machine, or device, or any improvement therein… Patent Act of 1790. 881 (2011).
Patently-O
AUGUST 5, 2022
Patent Act was amended in 2011 to expressly require that inventors be “individuals.” In its newest decision on the topic, the Federal Circuit declares instead, for the purposes of patent law, an inventor must be human. But, Thaler refused to claim credit as the inventor. Patent Law, because the U.S. 35 U.S.C. §
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