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Patent Protection on AI Inventions

Intellectual Property Law Blog

In the following sections, we will discuss an illustrative list of subject areas that may offer patentable AI inventions. (1) The state-of-art AI systems are far from perfection. However, inventors often need to improve various aspects of an existing AI system to make it fit and work for their applications. 1) Training phase.

Invention 242
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Patent Experts: No Ordinary Skill in the Art at the Time of Invention? No Problem!

JD Supra Law

The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent. By: BakerHostetler

Invention 113
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O Prior Art, Prior Art, Wherefore Art Though Prior Art? 

Patently-O

In a new opinion the court asked and answerd an interesting question: What if most on-point prior art was accidentally created due to a typographical error? A key to the analysis was a finding that the error would have been apparent to someone of skill in the art. You can compare the prior art linear objective lens results (Fig.

Art 138
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The morality (and patentability) of inventions derived by immoral means (T 2510/18)

The IPKat

The recent case T 2510/18 considered whether an invention derived from traditional remedies by dishonest means was immoral. The objections related not to the direct exploitation of the invention itself, but to the alleged dishonesty and breach of trust associated with how the invention was derived.

Invention 111
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Federal Circuit Affirms PTAB’s Ruling of Swearing Behind a Prior Art Reference

Intellectual Property Law Blog

Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions. Medtronic argued that the Board erred in identifying the intended purpose of the claimed invention.

Art 147
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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. 101 and 115.

Inventor 130
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Not Examined the Inventive Step Enough? Madras HC Remands Patent Application Back to IPO for Reconsideration

SpicyIP

Recently the MHC remanded a matter back to the Controller for re-consideration on whether the cited prior art would render the invention obvious in light of the explanation in the specification. Interestingly, the impugned order by the Controller has already held the invention to be obvious based on the claims filed by the applicant.

Invention 114