Intellectual Property Law Blog

OCTOBER 8, 2021

According to the opinion, the claimed method was directed to an application of Hooke’s law, and thus patent ineligible. A recent court decision on whether an AI system can be named an inventor in a patent application provides a compelling reason for stakeholders in the artificial intelligence industry to respond to the request.

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Inventor Patent Invention Technology 189

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

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.

Patent Law 128

Patent Law Law Inventor Patent 128

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

Patently-O

MAY 18, 2023

Although a jury sided with the patentee Amgen, the district court and the Federal Circuit agreed with Sanofi’s contention, ruling that Amgen did not meet the enablement requirement as a matter of law. Sanofi case, while significant, may not come as a surprise to those familiar with the evolution of patent law.

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Patent Law Law Patent Invention 122

Patently-O

JANUARY 20, 2023

It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. They disclose useful technical information that can give readers a “stimulus” to perfect the invention and figure out how to make it work. He died with over thirty patents to his name.

Patent Law 96

Patent Law Law Inventor Patent 96

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 Designs 64

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

Patent Trademark Blog

MARCH 6, 2025

Can foreign applicants file US utility patent applications? Inventors located outside the US can file US patent applications. Foreign inventors, however, must be careful to follow the patent laws of the country in which the invention was made. Need help in filing a US utility patent application?

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Patent Application Patent Invention Inventor 52

LexBlog IP

JANUARY 25, 2022

Free Online Tools and Resources for Inventors. As an inventor, you know that protecting your invention is vital to its success. The process of patenting can be daunting, but with the right tools and resources, it doesn’t have to be. PATENT SEARCH TOOLS. Google Patents. Link: patents.google.com.

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Inventor Intellectual Property Invention Patent Application 52

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

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

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

LexBlog IP

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. But can an AI system be a named inventor on a patent? That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system.

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Inventor Invention Patent Application Patent 52

The IPKat

OCTOBER 5, 2021

The AmeriKat instructing her computer overlord to come up with an invention which turns household objects into tuna Can machines be inventors? The US, the European Patent Office, and Australia all have considered this question. 7(3) was that the inventor is a person ([19]). As DABUS was not a person it could not be an inventor.

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Inventor Invention Intellectual Property Patent 93

IPilogue

AUGUST 13, 2021

While automation does generate new jobs in the information sector, those jobs are not easily accessible. On July 29, 2021 South Africa approved a patent listing AI as the inventor. Dr. Stephen Thaler’s AI system ‘DABUS’ was listed as an inventor for a patent related to beverage packaging and emergency lights.

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Inventor Invention Intellectual Property Intellectual Property Law 105

The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. In fact, the only way to benefit from trade secret protection is to keep the information secret. As the U.S.

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Confidentiality Invention Business Artistic Work 113

IP Watchdog

JANUARY 18, 2023

The House of Representatives’ Judiciary Committee—Subcommittee on the Courts, Intellectual Property and the Internet (IP Subcommittee) writes patent law and is responsible for other patent-related initiatives. A country’s patent laws directly affect its innovation economy.

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IP Intellectual Property Patent Law Invention 130

Kashishipr

JULY 7, 2021

When we talk about safeguarding some specific piece of information that adds to the commercial value of the goods, two obvious options come to our minds. The first is trade secrets, and the second is patents. The trade secret must contain information not known to the public, which makes it a viable secret.

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Patent Intellectual Property Invention Patent Law 105

LexBlog IP

MAY 31, 2023

part of a patent claim), does the AI system need to be listed as an “inventor”? patent law, an inventor is one who contributes to the conception of at least one claim element of a given patent claim (i.e., patent law. Patent Law requires all inventor(s) to be listed.

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Inventor Patent Application Invention Patent 40

The IPKat

JULY 3, 2024

The person who has made such a contribution must be identified and designated as inventor. For further information and to register, click here. For further information and to register, click here. Covering all the main substantive IP rights and more, this is probably THE German IP event of the year.

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Intellectual Property Law IP Invention Patent Law 69

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 IP Law Blog

APRIL 14, 2022

First, Pandaloon argues that the Complaint fails to allege that the inventor or her attorney were aware of either the prior art costumes during prosecution, that either believed that the references were material, and that either intentionally withheld them. Rather, merely pleading such intent through plausible allegations is sufficient.

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Art Inventor Patent Infringement Patent 98

Patently-O

NOVEMBER 1, 2022

Chien , Professor of Law, Santa Clara University School of Law and Margo A. Bagley , Asa Griggs Candler Professor of Law and Associate Dean for Research, Emory Law School and Hieken Visiting Professor in Patent Law, Harvard Law School (visiting Fall 2022) .

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Inventor Intellectual Property Invention Privacy 72

Patently-O

MAY 24, 2023

Bagley , Asa Griggs Candler Professor of Law, Emory University School of Law, co-inventor, and Principal, Diversity Pilots Initiative. Watch her video for Invent Together , entitled Challenges Encountered as a Diverse Inventor.

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Inventor Intellectual Property Invention Blogging 85

Patently-O

SEPTEMBER 18, 2023

Although various scientists had proposed mechanisms for using this information, the evidence shows more than a decade of failed ideas, and at least one article reported that the process is “difficult and impractical.” For me, the case is largely about the strong presumption that the listed inventors are correct. Apple Inc.,

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Patent Invention Inventor Law 119

IP Watchdog

NOVEMBER 2, 2022

Eagle Forum Education and Legal Defense Fund and the Fair Inventing Fund filed briefs in support of the jump rope company while DivX filed in support of neither party.

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Inventor Invention Patent Infringement Patent Law 69

Kashishipr

DECEMBER 8, 2021

It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions. Many times, a patent is a result of constant trial and error. Finally, the debate landed on patenting human genes.

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Patent Intellectual Property Invention Ownership 105

Canadian Intellectual Property Blog

MAY 12, 2020

Determining inventorship, prior to patent issuance, can save an applicant the costly procedural and evidentiary burden required for correcting the named inventors post patent issuance. Does it appear that one or more of the named inventors have no part in the invention? The test asks two questions: 1.

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Inventor Patent Intellectual Property Invention 52

IPilogue

JUNE 29, 2022

Vaver recognized some of Justice Laddie’s significant contributions to trademark, copyright, and patent law. Lastly, Justice Laddie’s approach to the Haberman Feeder case demonstrated his values regarding patentability. Additionally, Prof.

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Intellectual Property Intellectual Property Law Copying IP 114

The IP Law Blog

JANUARY 12, 2023

Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

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IP Intellectual Property Social Media Cease and Desist 98

Intepat

MAY 22, 2023

However, something more than conception is required for an invention to be ready for patenting. The second way, i.e. constructive reduction to practice, is when the inventor can explain to a person of ordinary skill in the art in sufficient detail so that they may make use of the invention without requiring undue experimentation.

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Inventor Invention Patent Patent Application 52

SpicyIP

JUNE 29, 2024

In this article, Koshy reveals that Bharat Biotech (BBIL) filed a patent application for Covaxin without listing the Indian Council of Medical Research (ICMR) as a co-patentee or inventor. According to Indian patent laws, both product and process patents are permissible, and BBIL has applied for the process patent for Covaxin.

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Patent Application Inventor Patent Intellectual Property 64

Larson & Larson

NOVEMBER 25, 2021

Product designers, inventors, and artists of all types need to understand the meaning of intellectual property and how to protect their creative contributions. . Products that derive from the human intellect that the law protects from unauthorized use are defined as intellectual property. Code covers patent law. .

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Intellectual Property Inventor Art Music 52

LexBlog IP

MARCH 21, 2022

These include: How to get the most out of a disclosure interview with AI inventors. For example, how to work with inventors to prepare a strong AI patent that will hold up during prosecution at the Patent Office and in the courts. Including AI considerations from the European Patent Office (EPO), Korea, Japan, China.

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Invention Inventor Intellectual Property Patent Infringement 52

Canadian Intellectual Property Blog

NOVEMBER 23, 2020

provisional patent applications are fairly relaxed in comparison to non-provisional applications, there are still a number of good practices that inventors should keep in mind. In this article, we will explore some reasons why inventors should NOT cut corners when filing provisional patent applications.

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Patent Application Patent Inventor Invention 52

The IPKat

MARCH 26, 2023

The IPKat has received and is pleased to host a guest contribution by Daria Bohatchuk (University of Basel) on the upcoming Swiss patent reform. Here’s what Daria writes: Expected introduction of a full patent examination in Switzerland: Opportunity or burden? Full patent examination in Switzerland: quo vadis?

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Patent Patent Application Invention Intellectual Property 103