LexBlog IP

FEBRUARY 15, 2024

Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

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LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). The Federal Circuit previously held that an AI system cannot be listed as an inventor in Thaler v. Simply owning or overseeing an AI system used in the creation of an invention. Vidal , 43 F.4th 4th 1207 (Fed.

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IP Tech Blog

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

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U.S. Department of Commerce

FEBRUARY 16, 2022

Black Inventors and Entrepreneurs – Past, Present, and Future. February 16, 2022. Wed, 02/16/2022 - 18:45. Intellectual property. It is also an opportunity to spotlight some of the many inspiring stories and successes of Black inventors and Black-owned businesses. KCPullen@doc.gov. Minority business growth.

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IPilogue

JUNE 2, 2022

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. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

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LexBlog IP

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

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Patently-O

SEPTEMBER 21, 2022

Vidal: "Whether an artificial intelligence can be an inventor for purposes of patent law, which implicates the most fundamental aspects of patent law, namely, the nature of inventorship and therefore whether AI discoveries can be patented." " — Dennis Crouch (@patentlyo) September 20, 2022. Abbott, ed).

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IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] The Guidance strives to ensure balance between protecting and incentivizing AI-assisted inventions and not hindering future human innovation, as “the patent system is designed to encourage human ingenuity.” [2]

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U.S. Department of Commerce

JUNE 24, 2022

Pride Month: Celebrating LGBTQIA+ Inventors and Entrepreneurs. June 24, 2022. Fri, 06/24/2022 - 11:44. An accomplished inventor, she was named on five patents by age 37. The company’s cutting-edge AI-guided scanner was named one of the “100 Best Inventions of 2021” by Time Magazine. KCPullen@doc.gov.

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IIPRD

APRIL 28, 2023

Changing Relation of IPR Law and Competition Law The laws governing intellectual property (“IPR Law”) and competition are frequently perceived as being in opposition to one another. IPR law’s goal has been changed from defending individual inventors to promoting new ideas. [2] Super Cassette Industries Ltd. [6]

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Intellectual Property Law Blog

JUNE 7, 2023

First published by ALM / Law.com in The Intellectual Property Strategist All of us have been exposed to and perhaps even overwhelmed by news about generative artificial intelligence (AI). 2022) recently confirmed that an inventor under the patent statute must be a natural person. Vidal , No. 2021-2347 (Fed.

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IP Watchdog

DECEMBER 21, 2021

From the perspective of the Intangible Investor, 2022 will be a year of new opportunities and transitional growth. In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. grants for the first half of 2021.

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IP Watchdog

MAY 17, 2023

And the similarly savory subject of who must be named inventor on a bacon patent was the issue in the recent case of HIP, Inc. 2022-1696 (Fed. HIP claimed that one of its employees materially contributed to the invention of Hormel’s patent on methods for precooking bacon. Hormel Foods Corp., May 2, 2023).

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LexBlog IP

FEBRUARY 17, 2023

PatentNext Summary: Following the August 2022 Federal Circuit decision in Thaler v. 2022), in which the court ruled that artificial intelligence (AI) could not be an inventor by itself, the USPTO has now requested comments regarding AI and inventorship. Vidal , 43 F.4th 4th 1207 (Fed.

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Intellectual Property Law Blog

FEBRUARY 28, 2024

200, passed in 1980, streamlined and relaxed federal government policy regarding patent rights to inventions developed with federal grant money. The funding agency obtains a license to “subject inventions,” which is defined as “any invention. . . The invention of the patent at issue in the case ( U.S. 35 U.S.C. §

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The IPKat

JANUARY 27, 2023

In its last judgment of 2022, the Patents Court issued a decision in the case of Oxford University Innovation Ltd v Oxford Nanoimaging Ltd [2022] EWHC 3200 (Pat)). Jing was hired as a research intern “at least in part because of his attributes”, which “made it particularly likely that he would make inventions”. But unfair?

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Intellectual Property Law Blog

FEBRUARY 13, 2024

Teleflex Life Sciences Limited, 2022-1721, 2022-1722 (Fed. Teleflex claimed that Itou was not prior art because the invention claimed in the ’116 patent was conceived before Itou’s critical date and was either actually reduced to practice before the critical date or diligently pursued until its constructive reduction to practice.

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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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Patently-O

NOVEMBER 1, 2022

Bagley , Asa Griggs Candler Professor of Law and Associate Dean for Research, Emory Law School and Hieken Visiting Professor in Patent Law, Harvard Law School (visiting Fall 2022) . This year’s all-day event will take place on Friday November 18, 2022 in-person at Santa Clara University and on-line.

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LexBlog IP

APRIL 6, 2022

I have been monitoring patent application filing around the world that list “DABUS (the “Device for the Autonomous Bootingstraiming of Unified Sentience”) as the sole inventor. At issue is whether an AI machine alone can be listed as an inventor on a patent application. In today’s posting, I provide updates to this article.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Generative AI Computer-generated art reached a tipping point in 2022.

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JIPEL Copyright Blog

NOVEMBER 12, 2021

One application of AI decision-making recently considered by some scientists is the invention of new products and technologies. As a result, patent offices and courts all over the world must now consider whether AI can be a patent inventor. federal courts have found that AI generated inventions are not patentable. Today, U.S.

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LexBlog IP

AUGUST 9, 2022

On August 5, 2022, the Federal Circuit in Thaler v. Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. ” Background. Procedural Posture.

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LexBlog IP

MAY 31, 2023

If such new content forms part of a new “invention” (i.e., part of a patent claim), does the AI system need to be listed as an “inventor”? It may all come down to “conception” – that is, whether an AI system can mentally conceive and contribute to an invention. an invention).

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LexBlog IP

JULY 4, 2022

Posted on July 4, 2022 by bwheelock. It’s the Fourth of July, 2022, and time to celebrate the holiday, as this blog always does, with patents. Inventor Louis Schuetz of Newark, New Jersey, was also concerned with entertaining the children on the Fourth of July, and received U.S.Patent No. Lastly, inventor William G.

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Patently-O

JANUARY 24, 2023

by Dennis Crouch In 2022, the Federal Circuit held that an invention is only eligible for a US patent if a human conceived of the invention. Thus, no patents for invention wholly conceived by artificial intelligence. Vidal , 43 F.4th 4th 1207 (Fed. Extension Motion.

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LexBlog IP

MARCH 7, 2022

The appointment of an expanded panel (three judges is usual), including the Chief Justice, is notable, and suggests that the court considers the question of whether a machine can be an inventor for the purposes of the Patents Act 1990 to be one of particular legal importance. He will need at least one of these to survive the appeal.

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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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IP Close Up

JANUARY 11, 2022

In the decade since the adoption of the America Invents Act (AIA) patent licensing has become more arduous for many technology companies and independent inventors. Continue reading.

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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. Thaler and the inventor as “DABUS - The invention was autonomously generated by an artificial intelligence.”.

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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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LexBlog IP

APRIL 26, 2022

The Full Court has taken a conventional approach to determining the meaning of the term ‘inventor’ in the Patents Act 1990 , observing (at [83]) that ‘[t]he duty to resolve an issue of statutory construction is a text-based activity’ and that while it is ‘appropriate to consider policy considerations.

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IP Tech Blog

JANUARY 4, 2022

Compliant requests filed on or before March 31, 2022, will be accepted. Applicants of any size can request prioritized examination using Track One examination under Rule 1.102 (e)(1) for any invention, at any time, but this requires a substantial fee ($4,200 for Large Entity; $2,100 for Small Entity).

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Kluwer Copyright Blog

SEPTEMBER 11, 2023

Image by Gerd Altmann from Pixabay The intersection of Artificial intelligence and Intellectual Property is complex. Can a machine be an “inventor”? Abbott, ed), (Edward Edgar, 2022) pp 21-38. The following is a checklist for scholars and practitioners who are looking at an AI-related IP issue. WIPO Copyright Treaty B.

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LexBlog IP

MARCH 8, 2022

TUESDAY, MARCH 8, 2022. We also recommend that you check out our Intellectual Property Resources page for guides, videos, and insight on patents and inventorship. INVENTION OVERVIEW: An exciting reveal for motorsports fans. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-6227f19f37b0b9390{flex-direction:

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The IPKat

JULY 16, 2024

These days, the volume is edited by skilled team of members of the British intellectual property bar, with Douglas Campbell KC taking over as general editor, and Tim Austen as deputy editor, of the latest edition. Chapter 5 explores the life of a granted patent, including the procedure for opposition and the law on employee inventions.

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LexBlog IP

FEBRUARY 13, 2024

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act.

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