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Decoding Patent Ownership beginning with Core Principles

Patently-O

by Dennis Crouch In a recent decision, the Federal Circuit vacated a district court’s grant of summary judgment that an inventor, Dr. Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. May 21, 2024). Core Optical Techs., Nokia Corp. , 23-1001 (Fed.

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[Guest post] Dramatic reversal in the CRISPR Broad Institute cases following G 1/22

The IPKat

In G 1/22 (and G 2/22), the Enlarged Board of Appeal (EBA) found that there is a strong rebuttable presumption that an applicant of a European patent application is entitled to claim priority. The Broad Institute famously lost a highly commercially valuable CRISPR patent for invalid priority ( T 844/18 , IPKat ).

Patent 107
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Book review: Terrell on the Law of Patents

The IPKat

This is a review of the twentieth edition of Terrell on the Law of Patents , which was released at the end of June 2024. Chapter 5 explores the life of a granted patent, including the procedure for opposition and the law on employee inventions.

Law 60
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UPSTO Issues “Significant” Guidance on Patentability of AI-Assisted Inventions, but unlike USCO, Does Not Require Disclosure of AI Involvement

LexBlog IP

The Guidance aims to clarify how patent applications involving AI-assisted inventions will be examined by patent examiners, and reaffirms the existing jurisprudence maintaining that only natural persons, not AI tools, can be listed as inventors.

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White House Instructs USPTO to Provide Guidance on AI

IP Intelligence

1] Regarding patents, the EO requires the United States Patent and Trademark Office’s (USPTO) Director to provide guidance on AI in the context of inventorship and patentable subject matter. [2] 2] Below is a timeline of when and what the public should expect to receive from the USPTO in 2024.

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The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

This is one to watch for 2024. 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?

Invention 108
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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.