IP Watchdog

APRIL 24, 2023

Vidal, which asked the Court to consider the question: “Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone?” Dr. Stephen Thaler lost his case at the U.S.

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IP Watchdog

AUGUST 7, 2021

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going.

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IP Watchdog

FEBRUARY 29, 2024

On February 20, 2024, a Brazilian congress member, Antônio Luiz Rodrigues Mano Júnior (known as Júnior Mano), introduced a bill to amend the national IP Statute (Law #9,279/96) and regulate the ownership of inventions generated by artificial intelligence systems.

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IP Watchdog

SEPTEMBER 19, 2024

A new inventors’ rights group was launched Thursday, September 19, with the aim of “helping startups, small businesses, and entrepreneurs defend their intellectual property rights and access capital.”

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IP Watchdog

JUNE 4, 2023

Within the next few years, the city of Newark, NJ, will be the home of a museum properly paying homage to the historic contributions that these inventors have made to medical science, telecommunications, transportation and more. Some of the earliest chapters in the story of U.S.

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SpicyIP

NOVEMBER 9, 2024

In his recent work published in the Journal of Intellectual Property Law and Practice , Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. Bhuwan is a third year B.A., It confuses ‘invention’ with ‘person.’

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IP Watchdog

JULY 27, 2022

innovation ecosystem, which she said “could quadruple the number of American inventors, and increase the GDP per capita by as much as 4%, or by about $1 trillion.” United States Patent and Trademark Office (USPTO) Director Kathi Vidal penned a blog post today announcing several new programs aimed at expanding the U.S.

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IP Watchdog

SEPTEMBER 7, 2021

District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent and Trademark Office (USPTO) and upholding the Office’s view that AI algorithms cannot be listed as inventors on U.S.

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LexBlog IP

APRIL 6, 2022

I have been monitoring patent application filing around the world that list “DABUS (the “Device for the Autonomous Bootingstraiming of Unified Sentience”) as the sole inventor. At issue is whether an AI machine alone can be listed as an inventor on a patent application. In today’s posting, I provide updates to this article.

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IP Watchdog

NOVEMBER 29, 2022

Right now, inventors, businesses, and other interested members of the public often have to undertake time consuming and expensive litigation to determine who owns a patent.

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The IPKat

JULY 11, 2022

The EPO Board of Appeal has published its full decision on the question of whether a machine can be an inventor ( J 8/20 ). The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ).

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IP Watchdog

JULY 2, 2024

Yesterday, US Inventor, Inc. USI) filed an amicus brief in Island Intellectual Property LLC v. TD Ameritrade, Inc., urging the U.S. Court of Appeals for the Federal Circuit (CAFC) to reconsider its use of Rule 36 when affirming decisions.

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IP Watchdog

JUNE 9, 2022

Patent and Trademark Office’s (USPTO’s) Director’s Blog published a post authored by USPTO Director Kathi Vidal announcing that the agency is now receiving applications from inventors seeking free legal assistance to bring ex parte appeals of patent examiner rejections to the Patent Trial and Appeal Board (PTAB).

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IP Watchdog

AUGUST 17, 2023

Careless naming of inventors on a patent application can create confusion and add complexity to an already intricate process. is a great example where failure to properly list a co-inventor resulted in the only named inventor losing their patent rights. The recent case of Blue Gentian, LLC v. Tristar Prod.,

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IP Watchdog

JULY 12, 2022

Neapco just a few days earlier, inventor David Tropp on July 5 again asked the Court to unravel U.S. Despite the U.S. Supreme Court’s rejection of the petition in American Axle v. patent eligibility law. 101, as interpreted in Alice Corporation Pty v.

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Velocity of Content

MARCH 16, 2022

As a result of these applications, the government of South Africa recognized DABUS as the inventor on a patent. We should bear in mind, however, that an “author” in copyright is not an identical legal construction with that of an “inventor” in the domain of patents, but they are closely related concepts.) If so, should they be?”

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The IPKat

DECEMBER 27, 2021

These well-known applications designated an artificial intelligence system as the inventor. Legal basis and arguments According to Article 81 EPC and Rule 19(1) EPC, the designation of the inventor is a formal requirement that a patent application must fulfill. This Kat wonders, is AI really an inventor?

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IP Watchdog

FEBRUARY 11, 2025

The story is every inventor's nightmare: A small innovative company develops a breakthrough technology. A much larger company takes notice. Shortly thereafter, it launches a suspiciously similar product. I understand this story well,because I lived it as General Counsel of SilcoTek, a small technology company.

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IP Watchdog

JULY 10, 2023

The Request for Comments (RFC) allowed the public to voice their opinion on the proposed rules, including hundreds of real, authentic inventors. In the past, US Inventor has asked its members to use their voices and write comments for the USPTO's requests. Typically, these requests generate at least 100 responses from USI's members.

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JD Supra Law

OCTOBER 6, 2021

This article is the second in a multi-part series of articles on the significant changes introduced by the AIA and the results of those changes. Ten years ago, on September 16, 2011, the America Invents Act (“AIA”) became law. By: Nexsen Pruet, PLLC

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Intellectual Property Law Blog

OCTOBER 8, 2021

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. Hirshfeld , the United States District Court for the Eastern District of Virginia concluded that an AI system cannot be an “inventor” under the Patent Act. In Thaler v.

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IP Watchdog

MAY 10, 2023

On Tuesday, the European Patent Office (EPO) announced the 12 inventors and inventor teams that have been selected as finalists for the 2023 European Inventor Award. An independent jury of former European Inventor Award finalists used their expertise to select this year’s finalists.

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IP Watchdog

JANUARY 27, 2022

On January 21, inventor Martin David Hoyle and his company B.E. Technology filed a response in opposition to a consolidated motion to dismiss that was filed last November by defendants Michelle K. Lee, former Director of the U.S.

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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. If such products were created by a human inventor, they could be eligible for patent protection.

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Intellectual Property Law Blog

AUGUST 30, 2021

1 are defined in an article published in 2020 by the USPTO. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development. The rule of thumb is to focus the patent protection on what the inventors improve over the conventional technology. from 1990-2018.

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The IPKat

JULY 30, 2024

The natural person can then be named an inventor on the patent application. Of more practical consequence, the legal test provided in the Guidance for determining whether the inventors of a particular AI system should also be considered inventors of its output, remains open to interpretation.

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Kluwer Copyright Blog

MARCH 11, 2025

This leaves a vast area of unprotected elements that are necessary to creators, inventors, scientists and businesses. This Article prevents the expansion of copyright to faithful reproductions of works that are already part of the public domain. This post is based on the article: T.

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IP Watchdog

JANUARY 23, 2023

US Inventor is publicly opposing the appointment of Representative Darrell Issa (R – CA) to Chair the IP Subcommittee due to Issa’s record of IP reforms that are harmful to independent inventors and startups.

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IP Watchdog

AUGUST 2, 2021

The Federal Court of Australia on Friday ruled in Thaler v Commissioner of Patents [2021] FCA 879 that an artificial intelligence (AI) system can be an inventor under the Australian Patents Act. The Deputy Commissioner of Patents said that Thaler could not name an inventor because an AI simply cannot be an inventor under the Act.

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The IPKat

FEBRUARY 8, 2022

Legal Background: The EPO's joint applicant approach Joint applicants The EPO's joint applicants approach finds legal basis in Article 118 EPC , in view of its interpretation by the Board of Appeal in T 1933/12. P1 was filed in the name of 3 inventor-applicants, A1, A2 and A3.

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IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Each application names DABUS as the sole inventor. DABUS is a computer built, programmed and owned by Dr. Stephen Thaler.

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IP Watchdog

SEPTEMBER 10, 2024

Last week, independent inventor Carrie Hafeman filed an opening brief for the appellant at the U.S. Court of Appeals for the Federal Circuit (CAFC) seeking reversal of the Patent Trial and Appeal Board’s (PTAB) invalidation of her device location and theft prevention patent claims.

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IP Watchdog

JULY 11, 2022

Court of Appeals for the Fifth Circuit heard oral arguments in US Inventor v. Although the appeal comes to the Fifth Circuit following the district court’s dismissal due to the plaintiffs’ lack of Article III standing, much of the oral arguments focused on whether the Fifth Circuit or the U.S. On July 6, the U.S.

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IP Watchdog

AUGUST 5, 2024

If you are an inventor of a consumer product there are reputable companies looking for inventions and ideas to bring to market, and their business model is built on taking products to market over and over again, and they are in constant need of new products and improvements.

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The IPKat

JANUARY 27, 2023

The Court noted that UTCCR was based on the European Unfair Consumer Terms Directive 93/13/EEC, which states at Article 2: ‘consumer’ means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business or profession. Jing’s internship under s.39(1). Are DPhil students consumers?

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Patently-O

AUGUST 1, 2021

Shoshana Wodinsky: Australian Court Rules That Yes, AI Can Be an Inventor (Source: Gizmodo). Ananaya Agrawal: South Africa Approves World’s First Patent With AI Inventor (Source: Jurist). Ananaya Agrawal: South Africa Approves World’s First Patent With AI Inventor (Source: Jurist). Commentary and Journal Articles: Atty.

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IP Watchdog

JUNE 18, 2023

With the comment period set to close on June 20, more than 11,000 comments had been filed as of Friday, June 16, in response to the U.S. Patent and Trademark Office’s (USPTO’s) Advanced Notice of Proposed Rulemaking (ANPRM) on Patent Trial and Appeal Board (PTAB) practices. Only 265 of those had been posted as of Friday, however.

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