JD Supra Law

JANUARY 4, 2024

In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law.

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Inventor Patent Law Law Patent 75

Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No.

Design Patent 119

Design Patent Design Designs Patent 119

JD Supra Law

NOVEMBER 23, 2021

On 30 July 2021, the Federal Court of Australia ruled that a machine – that is, a mathematical equation that analysed and processed data – can be an inventor under Australian patent laws. By: Allen & Overy LLP

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Inventor Patent Law Design Designs 97

Patently-O

JUNE 28, 2022

The following year, Congress passed the first patent act that was then signed-into law by President George Washington. The new law eliminated the female pronoun “she.” That said, patenting by women was at an extremely low level. patent system. Burk, Do Patents Have Gender?, 356 (1996); Deborah J.

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Patent Law Law Inventor Patent 103

The IP Law Blog

AUGUST 11, 2022

But can an AI system be a named inventor on a patent? With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application.

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Inventor Invention Patent Patent Application 96

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. See Decision re Patent Application No.

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Inventor Patent Application Patent Invention 98

Patently-O

APRIL 24, 2023

Vidal , a case involving inventor Dr. Stephen Thaler’s attempt to patent an invention created by his artificial intelligence (AI) system, DABUS. In his petition to the Supreme Court, Thaler asked if the Patent Act restricts the statutory term “inventor” solely to human beings. What do you think here?

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Inventor Patent Invention Patent Application 89

IP Watchdog

JANUARY 13, 2025

Court of Appeals for the Federal Circuit (CAFC) on Monday, January 13, issued a precedential decision denying a state law conversion claim as being preempted by patent law and rejecting BearBox LLC owner Austin Storms bid to be named a sole or joint inventor on Lancium LLCs patent.

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Inventor Patent Patent Law Design 64

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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Inventor Invention Design Designs 78

Patently-O

AUGUST 22, 2022

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

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Patent Law Law Patent Invention 91

The IPKat

AUGUST 16, 2021

Late last month, South Africa's Companies and Intellectual Property Commission (CIPC) became the first Patent Office in the world to award a patent that names an artificial intelligence as the inventor of a product. a machine/device) to be named as the inventor in a patent application. What to do.? See Rule 4.1.

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Inventor Patent Application Invention Patent 79

Patently-O

MAY 15, 2024

Third party ink seller Sidney Henry sold ink to a buyer of the machine, despite knowing of the restriction, and was sued for contributory patent infringement. Henry’s ink had been specially designed for use with the machine — undermining any arguments that the license restricted use of commodity goods.

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Patent Law Patent Law Invention 111

Patently-O

JANUARY 20, 2023

Applicants, for their part, are not required to disclose prior art that is not material to patentability or that is cumulative of other prior art they’ve already provided. It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

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Patent Law Law Inventor Patent 96

IPilogue

SEPTEMBER 28, 2021

Apotex ], I have decided to look at precedence from around the world where courts have contemplated recognizing artificial intelligence (AI) technology as an “inventor.” However, this 2002 decision did not define whether AI technology can be an inventor. The judge stated that DABUS is not the inventor and cannot be the inventor.

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Technology Inventor Patent Patent Law 111

SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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Inventor Invention IP Ownership 122

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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Invention Ownership Intellectual Property Inventor 110

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. The functionalities and any new and unobvious structures created by 3-D printing technologies may be the subject of a utility or a design patent.

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Intellectual Property Design Designs Invention 98

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. EL’s design also includes the idea of different elastic strengths. By November 2019, EL was satisfied with the design. After talking again with Jane, EL decided to patent the device. The sleeve also protects the rubber from UV damage.

Patent Law 78

Patent Law Law Patent Patent Application 78

IP Tech Blog

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.

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Design Designs Design Patent Inventor 67

Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

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Design Patent Design Designs Patent 60

LexBlog IP

FEBRUARY 15, 2024

Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application. In this case, Dr. Stephen Thaler created an AI program that he listed as the only inventor on two US patent applications. The USPTO rejected these applications for lack of a proper inventor.

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Inventor Patent Invention Patent Application 52

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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Inventor Invention Patent Application Design 52

The IP Law Blog

FEBRUARY 15, 2024

In the guidance, the USPTO explained that while AI systems and other non-natural persons cannot be listed as inventors on patent applications or patents, the use of an AI system by a natural person does not necessarily preclude a natural person from qualifying as an inventor if the natural person “significantly contributed to the claimed invention.”

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Invention Inventor Patent Patent Application 109

Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. An accused design does not have to exactly match the drawings. by Dennis Crouch.

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Design Patent Art Design Designs 81

JD Supra Law

AUGUST 29, 2022

The first paragraph of Article 15 of the Patent Law stipulates: "The organization which has been granted patent rights shall reward the inventor or designer of a service invention-creation; upon implementation of the patent for the invention-creation, the inventor or designer shall be given reasonable remuneration according to the scope of promoted (..)

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Inventor Invention Patent Design 52

LexBlog IP

FEBRUARY 14, 2024

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.

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Inventor Invention Patent Design 52

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. In modern biology research, inventors come from various disciplines such as pharmaceutical, environmental, agricultural, and dairy, and all of them are involved in improving the quality of life.

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Patent Inventor Invention Intellectual Property 105

The IPKat

AUGUST 11, 2023

In keeping with the so-called media "silly season" of late summer, PatKat thought she would check-in on the AI inventor debate. The Supreme Court is merely considering whether an AI may be formally designated as an inventor on a UK patent. Final thoughts It is an adage of the legal profession that bad cases make bad law.

Inventor 52

Inventor Invention Law Ownership 52

LexBlog IP

AUGUST 11, 2022

But can an AI system be a named inventor on a patent? With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application.

Inventor 52

Inventor Invention Patent Application Patent 52

SpicyIP

OCTOBER 1, 2024

founded in 1993 is a full service Intellectual Property firm manned with professionals in and specializes in the practice of Intellectual Property Laws including Patents, Trademarks, Industrial Designs, Copyright, Trade secrets. Majumdar & Co.,

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Registration Intellectual Property IP Patent Drafting 103

SpicyIP

JANUARY 30, 2024

or false advertising – the defendant claims to be the ‘inventor of Butter Chicken and Dal Makhani’; or is there an actual ‘invention’ in question – owners of both restaurants call themselves ‘inventors’ of the dish? They claim to be the ‘true and first inventors’. This claim has raised the hackles of the Gujrals.

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False Advertising Social Media Inventor Advertising 116

LexBlog IP

JULY 26, 2022

PatentNext Summary: The Legal Board of Appeal (the “Board”) of the European Patent Office (EPO) recently suggested that the owner of an artificial intelligence (AI) machine could possibly be listed as an inventor of an AI-generated Invention. ” J 8/20 (Designation of inventor/DABAS) at para.

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Inventor Invention Design Designs 52

LexBlog IP

JUNE 18, 2023

Patent Practice: Creation of a Design Patent Practitioner Bar by John DeStefano The United States Patent and Trademark Office (USPTO) has proposed a significant change to the rules of practice in patent cases. Enable more underrepresented groups to practice design patent law.

Design Patent 52

Design Patent Design Designs Patent 52

TraskBritt Intellectual Property

MAY 18, 2021

Intellectual property is generally separated into different categories including patents , copyrights , trademarks , and trade secrets. patent law further divides patents into three different types: utility, design, and plant patents. Utility patents. Design patents.

Design 52

Design Designs Design Patent Patent 52

LexBlog IP

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. Inventors in China will thus be able to use the International Design System to file and protect their designs overseas with one procedure which will help them save time and money.

Design 52

Design Designs Inventor Design Patent 52

Patently-O

JULY 9, 2024

Lemley and Lisa Larrimore Ouellette of Stanford Law School. Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent.

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Patent Invention Inventor Litigation 119

The IP Law Blog

DECEMBER 8, 2022

Or, as the patent describes, the parent can secretly pull the cord and turn on the light.) The purpose of this invention, according to the inventors, is to reassure children that their good behavior was rewarded by Santa. But the inventors of this invention came up with a solution, so they must think there is a problem.

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Patent Design Patent Invention Inventor 98