Remove 2024 Remove Inventor Remove Litigation Remove Patent Application
article thumbnail

USPTO Releases Inventorship Guidance for AI-assisted Inventions

LexBlog IP

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. Vidal , 43 F.4th 4th 1207 (Fed. Iolab Corp. , 3d 1344 (Fed.

article thumbnail

Who Invented This? The Continuing Importance of Human Ingenuity in Patenting AI Related Inventions

IP Tech Blog

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance clarifies that AI-assisted inventions can receive patent protection if a human being plays a significant role in the invention’s conception. In compliance with section 5.2(c)(i)

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Friday Fantasies

The IPKat

AIPPI Rapid Reaction on Thaler in the Supreme Court next Thursday Next Thursday, 18 January, AIPPI UK is hosting their first event of 2024 and it's a good one - and online! Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions.

IP 64
article thumbnail

USPTO Issues Inventorship Guidance For AI-Assisted Inventions

LexBlog IP

Accordingly, the USPTO responded to its first directive and issued its Inventorship Guidance for AI-Assisted Inventions on February 13, 2024. [2] Instead, an analysis utilizing the Pannu factors determines if the human inventor(s) has made a significant contribution to each claim in the patent or patent application.

article thumbnail

Guest Post by Profs. Masur & Ouellette: Public Use Without the Public Using

Patently-O

Does it matter whether the person doing the using is a member of the public, as opposed to the inventor? Most cases of “public use” have involved use by at least one member of the public—“a person other than the inventor who is under no limitation, restriction or obligation of secrecy to the inventor.” forthcoming 2024).

article thumbnail

USPTO Guidelines: Amgen is a Nothingburger

Patently-O

by Dennis Crouch The USPTO has published new examination guidelines regarding the enablement requirement for utility patent applications in light of the Supreme Court’s May 2023 decision in Amgen v. Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc.

Art 53
article thumbnail

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

Trading Secrets

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.