IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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JD Supra Law

DECEMBER 1, 2021

There is a split developing in the world over whether artificial intelligence software (AI) can be listed as an inventor on a patent application. In September 2021, the district court held that there was “overwhelming evidence” that Congress defined the term inventor in the Patent Act to include only natural persons.

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IPilogue

NOVEMBER 1, 2021

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. Hilty, and Peter R. Slowinski expound on the evolving case-law in this subject area. Firstly, Kim et al.

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Intellectual Property Law Blog

OCTOBER 8, 2021

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.

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JD Supra Law

SEPTEMBER 22, 2021

13(2) Patents Act 1977 i.e. to name a “Person” as the “Inventor” and to explain how Dr Thaler. 13(2) Patents Act 1977 i.e. to name a “Person” as the “Inventor” and to explain how Dr Thaler. By: Hogan Lovells

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IP Watchdog

MARCH 28, 2023

companies and inventors still filed more patent applications with the European Patent Office (EPO) than any other country, according to its Patent Index 2022, which was released today. patent applications numbered 48,088, a 2.9% increase from 2021. The index showed that U.S.

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IP Watchdog

AUGUST 2, 2021

The Federal Court of Australia on Friday ruled in Thaler v Commissioner of Patents [2021] FCA 879 that an artificial intelligence (AI) system can be an inventor under the Australian Patents Act. 2019363177 did not comply with reg 3.2C(2)(aa) 2019363177 did not comply with reg 3.2C(2)(aa)

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IP Watchdog

APRIL 20, 2022

Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor. The application was filed on October 17, 2019, and is titled “Food Container”.

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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. In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. 9,980,498 (the “’498 Patent”). 9,980,498 (the “’498 Patent”). The court in Pannu v.

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Intellectual Property Law Blog

JULY 25, 2023

This case addresses requirements to correct inventorship of a patent. Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. Three months before filing the applications for the six patents, Ragner held a meeting to seek investors, which included Berardi.

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Velocity of Content

MARCH 16, 2022

Copyright Office Practices , Third Edition (2021), p. And then, in 2021, the USCO and the U.S. Patent and Trademark Office (USPTO) held a second symposium looking at the potential for change in the treatment of machine-created works. I have to admit that my reasoning in 2018 was narrow rather than broad. Importantly, the U.S.,

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JD Supra Law

MAY 13, 2022

In 2021, the Australian Federal Court ruled in a landmark case that a device characterized as an artificial intelligence (AI) machine could for the first time be listed as an inventor on a patent application for the purposes of the Australian Patents Act 1990 (the Act). By: Morgan Lewis - Tech & Sourcing

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IP Tech Blog

SEPTEMBER 2, 2021

On September 3, 2021, the US Patent & Trademark Office (USPTO) will announce that it is modifying the COVID-19 Prioritized Examination Pilot Program to accept an unlimited number of applications until December 31, 2021.

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IP Watchdog

SEPTEMBER 22, 2021

The England and Wales Court of Appeal has upheld lower rulings that two patent applications designating an artificial intelligence called DABUS as the inventor were deemed to be withdrawn. Thaler v Comptroller General of Patents Trade Marks And Designs [2021] EWCA Civ 1374.)

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The IPKat

DECEMBER 31, 2021

The EPO has launched a user consultation on grace periods for patents, the results of which will be published in early 2022 ( EPO press release ). The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent filing. 102(b)(1)(A) ).

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IP Intelligence

OCTOBER 6, 2021

2, 2021, the U.S. District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. The Patent Applications. case, which held that a corporation could not be an inventor. It cited to the Univ.

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IPilogue

SEPTEMBER 28, 2021

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. Australia: Thaler v Commissioner of Patents [2021] FCA 879.

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The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v. And, nothing in the Act dictates the contrary conclusion.

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Intellectual Property Law Blog

JUNE 7, 2023

PART ONE Patent Claims and Inventorship The Federal Circuit in Thaler v. 2021-2347 (Fed. 2022) recently confirmed that an inventor under the patent statute must be a natural person. Patent Office two patent applications in which artificial intelligence was identified as the inventor.

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Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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Patently-O

AUGUST 30, 2021

The inventors have been awarded numerous accolades for showing that this approach works to treat some lymphomas. ” Full Scope Written Description : The Patent Act requires that the specification include “a written description of the invention.” Kite’s “YESCARTA” therapy was found to infringe. 35 U.S.C. §

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The IPKat

FEBRUARY 8, 2022

In T 1933/12 , the Board of Appeal found that Article 87 EPC does not prevent an applicant for a first application (P1) sharing their right to priority with a joint-applicant for a subsequent European patent application (P2). The PCT application claimed priority from the US provisional US 60/571444 (P1).

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The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. A new prohibition on double patenting?

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Patently-O

JULY 26, 2021

Although trade secrets are independently important, they are play a key temporal role in the patenting process. The touchstone of invention is when the inventors have a full mental conception of the invention, including how to make and use the invention. Conventional Wisdom: Keep inventions secret until the patent application is filed.

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U.S. Department of Commerce

MAY 27, 2021

Inventors, Physicists and Entrepreneurs: Commerce Home to Diverse-Range of AANHPI Pioneers. May 27, 2021. Thu, 05/27/2021 - 09:16. Inventors, Physicists and Entrepreneurs: Commerce Home to Diverse-Range of AANHPI Pioneers. LEADING INVENTOR IN ACCESSIBILITY TECHNOLOGY CHIEKO ASAKAWA. Patent and Trademark Office.

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IP and Legal Filings

AUGUST 18, 2021

Thaler decided to list DABUS as the inventor in the patent application for the food container which was consequently filed in several countries including US, Europe, Australia and South Africa. However, the USPTO and EPO rejected the patent applications wherein DABUS was listed as the inventor.

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The IP Law Blog

MARCH 30, 2023

In some industries, patents may even be essentially required to enter the market and compete successfully. However, the cost of obtaining and maintaining patents may be a barrier for individual inventors and small businesses to benefit from the advantage or enter certain markets. Through a bipartisan effort, the U.S.

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The IPKat

AUGUST 11, 2023

In keeping with the so-called media "silly season" of late summer, PatKat thought she would check-in on the AI inventor debate. The process of patent prosecution determines whether the application contains an invention that may be awarded a patent. Sceptical Kat Has DABUS invented?

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LexBlog IP

JULY 20, 2021

On 2 July 2021, a hearing took place at the Federal Court of Australia in Melbourne, before Justice Jonathan Beach, in the matter of Stephen Thaler v Commissioner of Patents. This case concerns the question of whether a patent may be granted for an invention that was devised by a machine, rather than by a human inventor.

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LexBlog IP

DECEMBER 1, 2022

The European Patent Office (EPO) has recently released the outcomes of its new study named “ Women’s participation in inventive activity ”, which aims at better understanding the presence of women inventors across different countries, time periods, technology fields and applicant types. 2017; Koning et al.,

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LexBlog IP

AUGUST 1, 2021

As I recently (tentatively) predicted, on Friday 30 July 2021 Justice Beach in the Federal Court of Australia handed down a judgment giving Australia the dubious honour of becoming the first country in the world to legally recognise a non-human as a valid inventor on a patent application: Thaler v Commissioner of Patents [2021] FCA 879.

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SpicyIP

JULY 2, 2021

The United States Patent and Trademark Office (USPTO) has awarded LexisNexis Reed Tech a 10-year patent data and document management contract. Reed Tech has been a partner to the USPTO for over 5 decades, providing services both in the patent application and patent evaluation and assessment processes.

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The IP Law Blog

MAY 14, 2021

The Federal Circuit Court of Appeals recently tangled with a patent application for an invention that did not have scientific support. The court affirmed a decision of the Patent Trial and Appeal Board rejecting a patent application on these grounds. In In re Huping Hu, 2021 U.S.

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LexBlog IP

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. In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. 9,980,498 (the “’498 Patent”). Also, Howard was not named as an inventor.

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LexBlog IP

JULY 26, 2022

PatentNext Summary: The Legal Board of Appeal (the “Board”) of the European Patent Office (EPO) recently suggested that the owner of an artificial intelligence (AI) machine could possibly be listed as an inventor of an AI-generated Invention. ” J 8/20 (Designation of inventor/DABAS) at para.

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The IPKat

DECEMBER 28, 2021

2021 has been year brimmed full with juicy case law from the Enlarged Board of Appeal (EBA). This year also saw release of the EBA decision on double-patenting and a new referral on the thorny issue of plausibility and post-published evidence. a European patent that claims priority from another, earlier, European patent).

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IPilogue

FEBRUARY 7, 2023

A blocking patent can prevent another inventor from using the patent’s technology or improving it. A blocking patent is often cited by examiners during the patent application examination phase to block a patent application or a patent’s challenger (such as those claiming an existing patent should be invalid).

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