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AI-Assisted Inventions: Are They Patentable? Who is the Inventor?

Intellectual Property Law Blog

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. Principle No.

Inventor 130
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Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

Patently-O

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. May 21, 2024) (en banc). Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. §

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AI-Assisted Inventions: Are They Patentable? Who is the Inventor?

LexBlog IP

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115.

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Wednesday Whimsies

The IPKat

The person who has made such a contribution must be identified and designated as inventor. XXXVI Nordic NIR Meeting 2024 (1 - 3 September) The Finnish Association for Industrial Property Rights will host the 36th Nordic NIR Meeting in Helsinki from 1 to 3 September 2024.

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USPTO call for comments: Impact of AI on patentability

The IPKat

The USPTO specifically calls for views on how the proliferation of AI could affect evaluations of patentability, including what qualifies as prior art and the capabilities of the person skilled in the art. Comments are due by 29 June 2024. The full call for views can be viewed here. AI and the question of what is "the prior art"?

Patent 60
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Discerning Signal from Noise: Navigating the Flood of AI-Generated Prior Art

Patently-O

You might consider a technical paper from a conference which sketches out a conceptual gearbox design (but omits specific gear ratios and material specifications). In his student note, Lucas Yordy focuses on some of the same issues – and argues that AI generated disclosures may decrease the patent incentive to research and disclose.

Art 109
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Design Patent Bar Now Reality

Patently-O

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.