JD Supra Law

JANUARY 8, 2024

The United Kingdom Supreme Court (the ultimate appeal level in the UK legal system) has ruled in a decision of 20 December 2023 that an artificial intelligence (“AI”) system cannot be identified in a patent application as the inventor. By: Dorsey & Whitney LLP

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Inventor Patent Patent Application 73

IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

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Patent Application Inventor Patent Invention 62

Intellectual Property Law Blog

MAY 22, 2023

On May 18, 2023, the Supreme Court of the United States issued a unanimous decision in the case of Amgen Inc. After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. §

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Invention Art Inventor Patent 246

IIPRD

JANUARY 7, 2025

But it’s now evident that AI is capable of producing inventions on its own, and there have been multiple documented instances of patent applications where the person applying for a patent has recognized AI as the inventor. A human inventor serves as the central figure in the design of the patent system.

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IP Intellectual Property Invention Inventor 98

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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The IPKat

JULY 30, 2024

The natural person can then be named an inventor on the patent application. Absent the advent of Artificial General Intelligence, patent inventorship thus remains within the human realm. 2022) found "that only a natural person can be an inventor, so AI cannot be".

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Inventor Invention Designs Design 77

JD Supra Law

MAY 2, 2024

Most inventors can attest to the surprise they felt upon learning that the United States Patent and Trademark Office (USPTO) likely will not respond to their first patent application for a couple of years after filing. Essentially, the program allows. By: Dickinson Wright

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Inventor Patent Application Patent Designs 62

The IPKat

DECEMBER 22, 2023

This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patent application. Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything? Use of large language models in the patent industry: A risk to patent quality? EPO maintains ST.26

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Invention Inventor Patent Law 111

The IPKat

AUGUST 13, 2024

This is perhaps not surprising, given that patent applications are not published until 18 months after they are filed, and that OpenAI's major innovation of ChatGPT was first released about 2 years ago. This year, eleven OpenAI patents and patent applications have been published.

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The IP Law Blog

MARCH 30, 2023

This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system. Most of these fee reductions have an effective date of March 22, 2023, with the remaining ones effective as of April 1, 2023.

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Patently-O

JANUARY 3, 2024

After talking again with Jane, EL decided to patent the device. He initially filed a provisional patent application in June 2020. That was followed by a non-provisional patent application in January 2021 claiming priority back to the provisional. Question 3. What do you think?

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Patent Law Law Patent Patent Application 78

Patently-O

APRIL 25, 2023

The following are my remarks given on April 25, 2023 to the USPTO as part of their AI listening session: by Dennis Crouch Members of the USPTO, and fellow participants of this AI Listening Session, thank you for inviting me here today and for taking time to consider these important issues.

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Invention Inventor Patent Intellectual Property 126

LexBlog IP

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. The court unanimously found that AI cannot.

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Patent Application Inventor Patent Invention 52

The IPKat

AUGUST 8, 2023

The recent High Court decision in Ensygnia v Shell ( [2023] EWHC 1495 (Pat) ) is highly relevant to the ongoing controversy of claim interpretation and description amendments ( IPKat ). The Deputy Judge looked to the description and the inventor's purpose to understand how the term "sign" should be understood.

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Invention Inventor Patent Patent Application 94

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

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IP Intellectual Property Social Media Cease and Desist 98

Patently-O

AUGUST 5, 2024

Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. 2023-1336 (Fed. Sanho Corp. 35 U.S.C. §

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Invention Inventor Art Public Use 111

LexBlog IP

MAY 31, 2023

part of a patent claim), does the AI system need to be listed as an “inventor”? patent law, an inventor is one who contributes to the conception of at least one claim element of a given patent claim (i.e., patent law. Patent law requires that a patent application list at least one human inventor.

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Inventor Patent Application Invention Patent 40

JD Supra Law

FEBRUARY 5, 2024

As part of the America Invents Act (“AIA”), Congress moved the patent system from a first-to-invent to a first-inventor-to-file system. For patents governed by the new first-to-file system, the Act also eliminated interferences, which are administrative priority contests before the PTAB.

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IP and Legal Filings

AUGUST 8, 2024

INTRODUCTION The Patent Act was enforced on 20 th April, 1972. It is a statutory right which was granted by the government of India and in return the inventor of the patent have to completely disclose their creation. While, the patent provides a strong security, it is essential to be aware of its geographical limitations.

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Patent Invention Inventor Patent Application 97

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. 9,980,498 (the “’498 Patent”). The ‘498 Patent is directed to a two-step process for cooking bacon pieces. Also, Howard was not named as an inventor.

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Inventor Invention Art Patent 52

Selvam & Selvam Blog

AUGUST 24, 2023

The Ministry of Commerce and Industry has recently released The Draft Patents (Amendment) Rules 2023 for public comment. Proposed Change: A cumulative fee based on multiple criteria such as the type of application, specification length, number of claims, and the kind of examination requested. Proposed Change: Every three years.

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Patent Invention Patent Application Inventor 52

IPilogue

FEBRUARY 13, 2023

For the first time in decades, the US Supreme Court will engage with enablement in patent applications. Specifically, Amgen seeks to appeal a decision from the Federal Circuit , in which the court found Amgen’s patents invalid for lack of enablement. The requirement of enablement in US patent law is codified in 35 USC s.

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Patent Invention Art Inventor 101

LexBlog IP

AUGUST 16, 2023

But assuming Weber’s account is a fair assessment, I would suggest that it raises additional questions about the ongoing global efforts – driven by Professor Ryan Abbott and his Artificial Inventor Project – challenging the legal barriers to AI inventorship and authorship.

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Inventor Invention Patent Application Publishing 52

Patently-O

MAY 18, 2023

The Court held that Amgen’s patent claims were invalid due to a lack of enablement, as they failed to provide adequate guidance for making and using the claimed antibodies. — (2023) ( 21-757_k5g1 ). The case in question is Amgen Inc. Sanofi , 22-157, — U.S.

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Patent Law Law Patent Invention 122

IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. This milestone comes during a particularly prolific period for design patents. In 2022 alone, the USPTO received more than 50,000 design patent applications.

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Design Patent Designs Design Patent 59

Dragons' Den

FEBRUARY 20, 2025

He proudly told the Dragons that he has patents granted in the UK, EU and the US, and that 80% of his products ship worldwide. A quick search of our new patents search tool tells me that Elliot has protected a system for storage of bicycles (GB2606001) , which was first granted in the UK in 2023 then in the EU a year later.

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Blogging IP Intellectual Property Business 52

SpicyIP

OCTOBER 1, 2024

(October 5-November 23) Following a favorable outcome of preparing students and professionals for the patent agent exam and providing them with a comprehensive guide on Patents in 2022 and 2023. The IP Press presents the third cohort of the Comprehensive Course on Patents.

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Registration Intellectual Property IP Patent Drafting 103

Patently-O

OCTOBER 16, 2023

Google decision threatens to grind to a halt, or at least significantly restrict, a once-common patent prosecution strategy – keeping continuation applications pending for years to obtain new claims that cover marketplace developments. Google LLC , 20-06754 WHA, 2023 WL 6542320 (N.D. 6, 2023). Sonos Inc. Sonos Inc.

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Patent Patent Prosecution Invention Inventor 126

IP Law 360

MARCH 20, 2024

Companies and inventors filed the highest number of European patent applications to date in 2023, buoyed by marked increases in filings for digital communications and energy technologies.

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Inventor Patent Application Technology Patent 52

The IPKat

MARCH 26, 2023

by Daria Bohatchuk The patent law revision is currently underway in Switzerland. On 16 November 2022, the Federal Council of Switzerland proposed a partial revision of the Federal Act on Patents for Inventions (Patents Act). 59 (4) of the Patents Act, Botschaft , 11, 12).

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Patent Patent Application Invention Intellectual Property 103

Patently-O

MAY 25, 2023

2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide catheter used in interventional cardiology procedures. Under the AIA’s provisions, Itou would have been considered prior art, therefore preventing Teleflex’s patenting. by Dennis Crouch Medtronic, Inc. Olympus Am.,

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Invention Inventor Art Patent Application 72

JD Supra Law

JANUARY 18, 2023

The enactment of the Consolidated Appropriations Act, 2023 includes the Unleashing American Innovators Act of 2022 (UAIA), directed toward increasing innovation of small businesses and inventors in America.

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Inventor Patent Patent Application Business 52

The IPKat

OCTOBER 13, 2023

In decision G1/22 and G/22 (press release and decision found here ), the EBA had to answer the question as to whether the co-applicant of a PCT application who is different from the inventors named in a US priority application can, in the European phase, validly rely on the priority right under Article 87(1) EPC?

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Intellectual Property Inventor Designs Design 68

JD Supra Law

FEBRUARY 24, 2023

In a cautionary tale for inventors participating in trade shows and other non-confidential presentations, on February 15, 2023, the U.S.

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Confidentiality Inventor Patent Patent Application 52

Patently-O

MARCH 7, 2023

patents assert priority to at least one prior patent application filing. In addition to the formal paperwork, the original application must sufficiently disclose the invention as claimed in the later patent. Here, the ‘830 patent covers the drug sofosbuvir that has FDA approval for Hep-C treatment.

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Invention Patent Application Patent Art 118

LexBlog IP

OCTOBER 6, 2023

Under a first-to-invent system, the first person to come up with an invention has “priority” and is entitled to a patent even if there was an earlier filed patent application from a different inventor covering the same invention.

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Invention Patent Application Inventor Government 52

Patently-O

DECEMBER 20, 2023

Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. In a December 20, 2023 decision, the UK Supreme Court has agreed with American courts that an inventive machine is not deserving of patent rights. 1783 (2023). Thaler concerns two patent applications (GB1816909.4 Vidal , 43 F.4th

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Invention Inventor Patent Ownership 64