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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Patent Law Law Invention Patent 105

The IPKat

DECEMBER 27, 2021

Just a few days before Holidays season, the Legal Board of Appeal announced its ruling in the cases J 8/20 and J 9/20, thus confirming the decisions of the Receiving Section of the European Patent Office, both of which has refused the DABUS applications EP 18 275 163 and EP 18 275 174. This Kat wonders, is AI really an inventor?

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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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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.

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Velocity of Content

MARCH 16, 2022

Stephen Thaler , owner and developer of a patent-writing program known as DABUS , submitted patent applications in several countries. As a result of these applications, the government of South Africa recognized DABUS as the inventor on a patent. The post Can an AI be Properly Considered an Inventor?

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Intellectual Property Law Blog

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. 1 are defined in an article published in 2020 by the USPTO. from 1990-2018. The eight AI components in FIG. using big data in automated systems).

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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. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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Patent Trademark Blog

FEBRUARY 6, 2023

Focus on what matters most So much can be said, and has been said, about the patent application process. To avoid information overload, let’s get back to the most basic things you need to know to file a patent application. Apply for design or utility patent? It can feel overwhelming.

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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. 2019363177 did not comply with reg 3.2C(2)(aa) 2019363177 did not comply with reg 3.2C(2)(aa)

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IP Watchdog

DECEMBER 6, 2021

While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos. patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application.

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IP Watchdog

APRIL 20, 2022

Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor. The application was filed on October 17, 2019, and is titled “Food Container”.

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IP Watchdog

SEPTEMBER 12, 2021

Patent and Trademark Office (USPTO), discussing the issue of inconsistent statements made by patent applicants pursuant to their disclosure requirements at the USPTO and other federal agencies, especially the U.S. Food and Drug Administration (FDA).

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Patent Application Art Patent Trademark 115

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. A human inventor serves as the central figure in the design of the patent system.

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SpicyIP

JUNE 29, 2024

The Exclusion of ICMR from the Patent Application Last weekend, a series of unusual developments regarding the Covaxin patent (Patent Application Number: 202041007559) generated significant buzz. From what can be gathered online, it appears that Deepak Kumar was working with the Ella Foundation.

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The IPKat

FEBRUARY 8, 2022

A referral on the co/joint applicants approach to priority has long been expected ( IPKat ), and the new referrals will hopefully provide some much legal clarity on this issue. The PCT application claimed priority from the US provisional US 60/571444 (P1). P1 was filed in the name of 3 inventor-applicants, A1, A2 and A3.

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IP Watchdog

MARCH 28, 2023

companies and inventors still filed more patent applications with the European Patent Office (EPO) than any other country, according to its Patent Index 2022, which was released today. patent applications numbered 48,088, a 2.9% The index showed that U.S. increase from 2021.

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IP Watchdog

JULY 25, 2021

As such, AI has been shown to have near endless applications, driving a surge of inventions and related patent application filings. Many AI-based systems are able to recognize trends, patterns and connections, test hypotheses using available data sets, and continuously improve decision trees based on user input.

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Patent Application Patent Invention Patent Prosecution 98

Patently-O

AUGUST 1, 2021

Shoshana Wodinsky: Australian Court Rules That Yes, AI Can Be an Inventor (Source: Gizmodo). Piya Jain: The Benefits of Outsourcing Patent Activities for Life Science Companies in a Changing IP Landscape (Source: IAM). David Phelan: New Apple Patent Reveals The Ultimate iPhone Upgrade (Source: Forbes). Source: SCRIBD.

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The IPKat

DECEMBER 31, 2021

The EPO has launched a user consultation on grace periods for patents, the results of which will be published in early 2022 ( EPO press release ). The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent filing. 102(b)(1)(A) ).

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The IPKat

JULY 30, 2024

The natural person can then be named an inventor on the patent application. Absent the advent of Artificial General Intelligence, patent inventorship thus remains within the human realm. 2022) found "that only a natural person can be an inventor, so AI cannot be".

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Intellectual Property Law Blog

JUNE 7, 2023

Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments. Part One of this article series covers claim scope and inventorship. Part Two of this article series covers subject matter eligibility, prior art, and future opportunities. Vidal , No. 2021-2347 (Fed.

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Patent Intellectual Property Patent Application Inventor 130

IP Watchdog

MAY 14, 2023

Patent and Trademark Office (USPTO) finding that AI cannot be considered a named inventor to a patent application remains the law of the land. The issue of AI inventorship in the United States remains at large following the Supreme Court’s denial of cert in Thaler v. Vidal, meaning that the U.S.

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Patent Law Law Inventor Patent 128

IP Watchdog

AUGUST 8, 2022

The August 2019 announcement that two patent applications had been filed naming an artificial intelligence (AI) algorithm as an inventor in the United States and a dozen other countries was regarded as disruptive and profound at the time.

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IPilogue

JUNE 2, 2022

Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

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Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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Invention Patent Inventor Intellectual Property 128

Intepat

APRIL 6, 2022

PCT Patent Application. The PCT is an international agreement that helps to simplify the process of filing patent applications in several countries. As of 6th April 2022, the WIPO recorded 156 contracting states to the Patent Cooperation Treaty (PCT). National Phase PCT Patent Application in India.

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Intepat

APRIL 6, 2022

PCT Patent Application. The PCT is an international agreement that helps to simplify the process of filing patent applications in several countries. As of 6th April 2022, the WIPO recorded 156 contracting states to the Patent Cooperation Treaty (PCT). National Phase PCT Patent Application in India.

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Patent Application Patent Inventor Copying 52

Patently-O

AUGUST 30, 2021

The inventors have been awarded numerous accolades for showing that this approach works to treat some lymphomas. ” Full Scope Written Description : The Patent Act requires that the specification include “a written description of the invention.” Kite’s “YESCARTA” therapy was found to infringe. 35 U.S.C. §

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IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Not surprisingly, there were a number of patent applications filed that bridged the March 16, 2013 AIA effective date.

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Invention Inventor Patent Application Patent Law 124

Patently-O

APRIL 25, 2023

In certain instances, if the AI were human, it would be rightfully recognized as at least a joint inventor. This raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. Read the full article on Managing IP. PDF copy available. Practice tip. Right of priority.

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The IPKat

NOVEMBER 11, 2024

AlphaFold represents truly ground-breaking science for which its inventors were recently awarded the Nobel Prize in Chemistry. IP strategy for AlphaFold: To patent and publish Trade secrets were never the IP strategy for protecting AlphaFold. Instead of trade secrets, DeepMind pursued patents. Protein structure - and Kats!

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Intepat

DECEMBER 24, 2021

The question then becomes whether these AI-generated inventions are patentable under present patent law. In our previous blog post, we explained how the EPO released its judgment outlining the reasons for the rejection of two European patent applications in which an AI system was named as the inventor. BACKGROUND.

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Intepat

APRIL 20, 2022

However, even after fulfilling these requirements, an additional requirement is to be fulfilled by the inventor/applicant and that is of ‘enablement’. Article 29(1) also lays down that the countries may also go for the inclusion of a legal provision for disclosing the best mode.

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IP Watchdog

SEPTEMBER 22, 2021

The England and Wales Court of Appeal has upheld lower rulings that two patent applications designating an artificial intelligence called DABUS as the inventor were deemed to be withdrawn. Thaler v Comptroller General of Patents Trade Marks And Designs [2021] EWCA Civ 1374.)

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JD Supra Law

OCTOBER 12, 2021

In a previous article, we set out four tips for inventors, start-ups, and small businesses to consider before filing for a patent: (1) don’t wait to file your patent application; (2) decide where your invention will be practiced or marketed; (3) hire a patent attorney to prepare, file, and prosecute your patent application; and (4) request a professional (..)

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IP Watchdog

AUGUST 19, 2021

Hirshfeld (Hyatt II), the latest in a line of court rulings regarding a series of much maligned patent applications filed by prolific inventor Gil Hyatt with the U.S. Patent and Trademark Office (USPTO) in the 1990s. Court of Appeals for the Federal Circuit issued a precedential decision in Hyatt v.

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