IP Tech Blog

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

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LexBlog IP

APRIL 10, 2023

Beyond Borders: Accessing Top-Quality Legal Services for Intellectual Property Protection @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-6434ddeeda7ab5469{display: For most intellectual property questions, your attorney can be located anywhere in the United States.

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LexBlog IP

AUGUST 9, 2022

What is at the core of invention? All inventions boil down to applying some natural law , but where is the line between natural law and invention? ” The most recent Supreme Court case which granted certiorari with regard to an “inventive concept” is Alice Corp. By: Banks Griffin. Neapco Holdings LLC.

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IP Watchdog

JANUARY 21, 2024

As reported on IPWatchdog, the UK Supreme court recently ruled that a trained neural network (an Artificial Intelligence known as DABUS) could not be listed as the inventor on two patent applications filed by Dr. Stephen Thaler at the UK Intellectual Property Office (UKIPO).

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Inventor Intellectual Property Patent Application Invention 57

More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process.

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IP Watchdog

DECEMBER 20, 2023

Unsurprisingly, the UK Supreme Court today ruled that Stephen Thaler’s AI Machine, DABUS, cannot be granted patents for inventions it autonomously created.

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Inventor Invention Patent Law 52

IP Close Up

JANUARY 3, 2024

IP CloseUp, weekly perspective on intellectual property trends and business, broke through 392,000 views and 272,000 visits in 2023, on its way to 400,000 plus Continue reading

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LexBlog IP

NOVEMBER 9, 2023

” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. Also, Howard was not named as an inventor. The court in Pannu v.

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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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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. Guest Post by Meshandren Naidoo and Dr. Christian E. The pitfalls of formal examination in South Africa.

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Invention Patent Inventor Intellectual Property 127

Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

In Thaler , the Court confronted, analyzed and answered the question of “can an artificial intelligence machine be an ‘inventor’ under the Patent Act?” In reaching its holding, the Court found that “Congress intended to limit the definition of ‘inventor’ to natural persons” which means humans – not artificial intelligence.

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Inventor Patent Intellectual Property Patent Law 91

The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v. And, nothing in the Act dictates the contrary conclusion.

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Invention Inventor Patent Moral Rights 98

LexBlog IP

AUGUST 9, 2022

Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. He filed two patent applications at the USPTO, listing DABUS as the sole named inventor on both applications.

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Inventor Invention Patent Patent Application 52

IP Watchdog

MAY 17, 2023

And the similarly savory subject of who must be named inventor on a bacon patent was the issue in the recent case of HIP, Inc. HIP claimed that one of its employees materially contributed to the invention of Hormel’s patent on methods for precooking bacon. Hormel Foods Corp., 2022-1696 (Fed. May 2, 2023).

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Intellectual Property Law Law Inventor Intellectual Property 80

LexBlog IP

JANUARY 8, 2024

On January 5, 2024, in litigation between REGENXBIO and Sarepta Therapeutics, Judge Richard Andrews of the U.S. Sarepta argued that the claims of the ’617 Patent are directed to naturally occurring AAV sequences and the inventors’ contribution was only the identification of the naturally occurring sequences. § 101.

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Litigation Patent Inventor Invention 52

IP Watchdog

DECEMBER 6, 2021

patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application as co-inventors with the Moderna scientists. As a result of the collaboration, a vaccine labeled “mRNA-1273” was created and a U.S. patent application.

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Invention Inventor Patent Application Designs 120

IP Watchdog

DECEMBER 21, 2021

In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. IP business models will evolve, and risk and return calculations will become more reliable. grants for the first half of 2021.

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IP Litigation Inventor Licensing 119

LexBlog IP

JULY 31, 2023

Eliezer AI and Intellectual Property Law An Insightful Discussion with Yuri Eliezer The intersection of Artificial Intelligence (AI) and Intellectual Property (IP) Law is becoming increasingly significant in the dynamic landscape of technology and innovation. AI and IP Law: Podcast with Yuri Eliezer by Yuri L.

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Law IP Intellectual Property Intellectual Property Law 52

LexBlog IP

APRIL 26, 2022

The Full Court has taken a conventional approach to determining the meaning of the term ‘inventor’ in the Patents Act 1990 , observing (at [83]) that ‘[t]he duty to resolve an issue of statutory construction is a text-based activity’ and that while it is ‘appropriate to consider policy considerations.

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Invention Inventor Patent Law Law 52

The IPKat

JULY 16, 2024

These days, the volume is edited by skilled team of members of the British intellectual property bar, with Douglas Campbell KC taking over as general editor, and Tim Austen as deputy editor, of the latest edition. Chapter 5 explores the life of a granted patent, including the procedure for opposition and the law on employee inventions.

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LexBlog IP

MAY 16, 2023

Some inventors are celebrated for how their creations have profoundly enhanced our lives, while others are frowned upon for leaving behind environmental catastrophes. occupies a peculiar space in the world of inventors, where his groundbreaking works are both applauded and criticized in equal measure. Thomas Midgley Jr.

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Intellectual Property Inventor Patent Invention 52

IP Watchdog

MAY 22, 2024

Court of Appeals for the Federal Circuit (CAFC) on Tuesday, May 21, issued a precedential decision vacating and remanding a district court’s finding that Core Optical Technologies didn’t have standing to sue Nokia due to the language of a contract between the inventor and his employer. where he worked at the time of the invention.

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Inventor Contracts Invention Technology 57

IP Close Up

JANUARY 13, 2022

Frederick Shelton IV, arguably the most prolific and financially successful inventors ever, is a Johnson & Johnson medical device innovator unknown to pretty much everyone Continue reading.

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Inventor Invention Licensing Litigation 89

IP Watchdog

MARCH 15, 2024

Court of Appeals for the Federal Circuit (CAFC) on Friday affirmed a district court finding that two inventors should be added as co-inventors to a patent for a method of transporting gaseous fluids.

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Inventor Invention Patent Litigation 52

IP Watchdog

OCTOBER 18, 2022

Other robust evidence shows that current Section 101 law has harmed innovation by removing the incentives to develop and commercialize particular inventions of public importance.

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Litigation Patent Invention Law 89

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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Inventor Patent Application Invention Patent 128

IP Close Up

APRIL 18, 2023

Lack of basic intellectual property understanding among executives and creators undermines the impact of inventions, content and brands and leaves value on the table. This Continue reading

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Intellectual Property Invention Branding Brands 93

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Brean, Senior In-House Intellectual Property Counsel, Respiratory Care, Philips. Are inventions described in works of science fiction patentable? Guest post by Camilla A. The answer is usually no, and for good reason.

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Patent Law Law Inventor Patent 94

IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. The court unanimously found that AI cannot.

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Patent Application Inventor Patent Invention 62

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. Thaler and the inventor as “DABUS - The invention was autonomously generated by an artificial intelligence.”.

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Inventor Patent Application Invention Publishing 128

Kashishipr

MAY 5, 2021

The maximum number of cases are witnessed in the software industry wherein statistics project that as many as 74 percent of the patents issued are being litigated. Patent trolls come into being without there being any intention of making use or manufacturing a said invention to provide them as a product or service for public consumption.

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IP Close Up

NOVEMBER 17, 2022

The news in much of the inventing community is often doom and gloom, but for Stephen Key, a successful creator and entrepreneur, the opportunities faced Continue reading.

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Invention Licensing Patent Inventor 79

Kashishipr

MAY 25, 2022

A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. One of the essential requirements to be met for obtaining Patent Protection is that of novelty, i.e., the invention in question must be unique around the world. Types of Patent Search.

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Patent Patent Application Inventor Invention 78

The IP Law Blog

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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Law Patent Invention Intellectual Property 109

43(B)log

FEBRUARY 16, 2024

A]n alleged discrepancy between the defendant’s marking and its prior litigation history is sufficient to allege false marking.” However, the Noerr-Pennington doctrine didn’t apply to this case at this stage of the litigation. Qingdao also sufficiently pled the requisite intent to deceive.

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IP Watchdog

AUGUST 4, 2022

Lincoln listed the development of patent laws—along with the invention of writing and the discovery of America—among the most important events in world history. Patents have “peculiar value…in facilitating all other inventions and discoveries,” he said in a speech in 1858. What was true a century and a half ago remains true today.

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Invention Inventor Patent Law Technology 140

Patently-O

OCTOBER 5, 2021

Like the dissenting judge on the panel, several of the opinions denying rehearing en banc faulted the panel majority for establishing a new “nothing more” test—if the claimed invention “clearly invokes a natural law, and nothing more, to accomplish a desired result”—for patent ineligibility. patent enforcement and litigation; c.

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