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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

Thaler’s application for his AI, DABUS, to be the patent owner of an invention titled “ Food container and devices and methods for attracting enhanced attention ,” a product solely created by DABUS without any human interference. Based on current trends, Canada could become the first Western nation to grant patent rights to AI.

Invention 111
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Guest Post by Prof. Hrdy & Dan Brean: The Patent Law Origins of Science Fiction

Patently-O

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Brean, Senior In-House Intellectual Property Counsel, Respiratory Care, Philips. Are inventions described in works of science fiction patentable? 3d 1374 (2021). Guest post by Camilla A.

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The Chicken Sandwich Wars: A Sampling of Intellectual Property Law in the Fast Food Industry

LexBlog IP

As of July 2021, at least 20 different fast food restaurants had either revamped their chicken sandwich or introduced it to their menus. A 2015 court case and trade secret law help shed some light on this question. At the end of those two weeks, the sandwich was sold out nationwide.

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HOW INTELLECTUAL PROPERTY LAW CAN SOLVE LITIGATION SURROUNDING THE HATCH-WAXMAN ACT BROUGHT BY THE COURT’S DECISION IN BRAEBURN V. FOOD & DRUG ADMINISTRATION

JIPL Online

i] This confusion has a direct impact on the willingness to invent, drug pricing, the recovery of research and development (R&D), and other basic purposes of the Act. [ii]. Here, patent law can be very helpful in determining whether a generic manufacturer satisfies the novelty, usefulness, and non-obviousness standards.

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How to Successfully Obtain Blockchain Patents

Intellectual Property Law Blog

This trend strongly suggests that the number of blockchain-related patents will surge in the next couple of years. However, due to recent changes in patent law, it is more important than ever to ensure that you analyze the patentability of blockchain inventions in light of these changes to target inventions likely to result in patents.

Patent 130
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“Artificial Intelligence Systems as Inventors?” – The Max Planck Institute on Machine Autonomy and AI Patent Rights

IPilogue

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. The authors also propose a number of counter-arguments against the reasoning of Beach J., Firstly, Kim et al.

Inventor 111
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Stakeholders Should Not Miss Congress’s Invitation For Feedback On Patent Eligibility

Intellectual Property Law Blog

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. Hirshfeld , the United States District Court for the Eastern District of Virginia concluded that an AI system cannot be an “inventor” under the Patent Act.

Patent 246