JD Supra Law

JULY 15, 2024

This article discusses the February 13, 2024 guidance issued by the United States Patent and Trademark Office (USPTO) regarding the inventorship of artificial intelligence (AI)-assisted inventions. While this guidance marks a significant advancement in AI policy, it is not the first initiative by the USPTO in this area.

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JD Supra Law

JULY 18, 2024

The new guidance adds three AI-specific examples to the USPTO’s set of subject matter eligibility (SME) examples, which are intended to help patent examiners and inventors understand whether the USPTO will consider certain inventions to be eligible for patenting. By: Fox Rothschild LLP

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Invention Inventor Patent Trademark 63

The IPKat

OCTOBER 31, 2023

The recent decision in T 0258/21 , by contrast, is the first interpretation of G 2/21 leading to a finding of a lack of inventive step in view of an inadequate disclosure of the purported technical effect. However, T 0258/21 related to subject matter for which the EPO has always required additional evidence.

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Patently-O

APRIL 25, 2023

As artificial intelligence progresses at an unprecedented pace, numerous cases have emerged where generative AI has played a crucial role in conceiving an invention. 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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Invention Inventor Patent Intellectual Property 125

JD Supra Law

FEBRUARY 29, 2024

On February 13, the United States Patent and Trademark Office (USPTO) issued inventorship guidance, effective immediately, for inventions created with the assistance of artificial intelligence (AI). By: Lowenstein Sandler LLP

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Invention Patent Application Trademark Patent 63

JD Supra Law

FEBRUARY 22, 2024

A very important question at the intersection of AI and IP is: how do we define inventorship in situations where artificial intelligence plays a role in the creation of an invention? By: Smart & Biggar

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IP Law 360

FEBRUARY 12, 2024

Patent and Trademark Office on Monday issued guidance on how it will determine whether inventions developed with the assistance of artificial intelligence can be patented, explaining that a human must have made a "significant contribution."

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Invention Patent Trademark 111

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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Invention Inventor Patent Patent Application 57

Patently-O

APRIL 29, 2024

by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. The petitioner argues that the Federal Circuit’s test, established in Antares Pharma, Inc.

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Intellectual Property Law Blog

AUGUST 30, 2021

In the following sections, we will discuss an illustrative list of subject areas that may offer patentable AI inventions. (1) However, inventors often need to improve various aspects of an existing AI system to make it fit and work for their applications. 1) Training phase.

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The IPKat

FEBRUARY 14, 2024

On 12 February 2024, the United States Patent and Trademark Office (USPTO) announced with a press release the publication of its Inventorship Guidance for AI-Assisted Inventions (Guidance). The guidance embraces the use of AI in innovation and provides that AI-assisted inventions are not categorically unpatentable.

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SpicyIP

DECEMBER 22, 2023

[ On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development. Vedika is a third-year B.A.LL.B. student at National Law University, Delhi.

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Invention Inventor Patent Registration 59

Intepat

APRIL 2, 2022

A patent is a form of intellectual property right granted to an invention. It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Patents are valuable assets that enable one to share their invention in public without any fear of being misused.

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Invention Patent Inventor Intellectual Property 105

LexBlog IP

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. an AI] prompt.

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Invention Inventor Patent Patent Application 52

IP Law 360

MARCH 15, 2024

significantly contributed to the invention of a road trailer for transporting liquefied natural gas, upholding a lower court's finding that they must be credited as co-inventors on the patent. The Federal Circuit ruled Friday that two executives of pipe company Tube-Mac Industries Inc.

Invention 98

Invention Inventor Patent 98

Patently-O

JULY 17, 2024

As if on cue, the Office has released a new set of updated guidelines – focusing on Artificial Intelligence related inventions and including three new examples. The USPTO continues to be open to issuing patents on AI inventions, including the use of AI. However, there must be a technical solution to a technical problem.

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JD Supra Law

APRIL 30, 2024

This article discusses patent strategies for ADC inventions. Food and Drug Administration (FDA) approval and rapidly growing market size as discussed in previous articles in this series. By: Foley & Lardner LLP

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Invention Patent Marketing Marketing 73

IP.com

SEPTEMBER 22, 2022

Invention disclosure documents are the important first steps in the IP commercialization process. Not only does it represent the first recording of the invention, establishing the date and scope, but they have been used to defeat challenges to dates of invention, inventorship, invention scope, and prior art.

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Invention Art IP Patent 98

JD Supra Law

JANUARY 11, 2024

This past Friday, a federal district court held that the mere fact of combining certain natural products – such as isolated, naturally occurring AAV sequences and a heterologous non-AAV sequence – and putting them into a cultured host cell, without some change, does not give rise to a patent eligible invention under 35 U.S.C. §

Invention 116

Invention Patent 116

JD Supra Law

SEPTEMBER 29, 2022

In the practice of patent examination in China, to determine whether an invention has prominent substantive features is to determine, to the person skilled in the art, whether the claimed invention is non-obvious as compared with the prior art. By: Linda Liu & Partners

Invention 98

Invention Art Patent 98

The IPKat

SEPTEMBER 10, 2023

The minutes are brief but confirm the Board of Appeal's decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. The inventive step of the claimed invention was acknowledged based on the post-published data submitted by the Patentee. How many moths needed for an invention?

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Invention Publishing Law Patent Application 117

JD Supra Law

NOVEMBER 29, 2022

Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of software patent prosecution can help ensure that software inventions get maximum protection. By: Lewis Roca

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Biswajit Sarkar Copyright Blog

SEPTEMBER 25, 2023

What is invented through biotechnological processes must be protected through patent protection lest a third person misuses the same. This came after careful observation of rising international trends with respect to innovations and inventions concerning biotechnology.

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Invention Patent Intellectual Property Technology 59

JD Supra Law

APRIL 14, 2023

Patentability of AI-assisted Inventions- DBL’s Managing Partner Tom Dunlap recently wrote an interesting article about the current state of artificial intelligence (AI) inventorship. Mr. Dunlap detailed the patenting efforts surrounding DABUS, an AI system developed by Dr. Stephen Thaler that autonomously created certain inventions.

Invention 98

Invention Patent 98

IP.com

JULY 14, 2021

Willis Carrier invented the air conditioner in 1902 and was granted a patent for the invention in 1906. Carrier’s invention was the culmination of centuries of experimentation with air, water, The post How Popular Inventions Came to Life: Who Invented the Air Conditioner?

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Invention IP Patent 105

JD Supra Law

FEBRUARY 15, 2024

On February 12, 2024, the United States Patent and Trademark Office (USPTO) announced guidance and a request for comments regarding evaluating inventorship for artificial intelligence (AI) assisted inventions (the “AI Guidance”).

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Invention Trademark Patent 63

JD Supra Law

FEBRUARY 21, 2024

The question of how inventions that were at least partially implemented using an AI system would be treated was left unanswered by these holdings. By: Manatt, Phelps & Phillips, LLP

Invention 73

Invention Inventor Patent Application Trademark 73

JD Supra Law

MAY 22, 2024

cannot be listed as inventors on patent applications,” the “use of an AI system by a natural person” does not preclude that person from being listed as an inventor if they “significantly contributed to the claimed invention. By: Haug Partners LLP

Invention 63

Invention Inventor Patent Application Patent 63

The IPKat

AUGUST 4, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

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Invention Art Patent Reporting 98

JD Supra Law

MARCH 7, 2024

Invention assignment provisions are fundamental in employment agreements. On one hand, they are the mechanism by which an employer takes ownership of important types of intellectual property employees create that relates to the job—potentially patentable inventions, which may be trade secrets unless patent protection is sought.

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Invention Ownership Intellectual Property Patent 66

JD Supra Law

FEBRUARY 14, 2024

AI-assisted inventions can be patented, provided there is a significant contribution by at least one natural person - The USPTO has now published guidance explaining how the determination of inventorship for AI-assisted inventions should be considered, including the below key takeaways. The USPTO is seeking public comment.

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Invention Publishing Patent 66

JD Supra Law

MARCH 15, 2024

Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this installment of "The Briefing" by Weintraub Tobin. By: Weintraub Tobin

Invention 71

Invention Patent 71

JD Supra Law

MARCH 15, 2024

Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this installment of "The Briefing" by Weintraub Tobin. By: Weintraub Tobin

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Invention Patent 66

Patently-O

AUGUST 5, 2022

In the case, Thaler claims to own a computer named DABUS, and that DABUS conceived-of two patentable inventions. Of all the arguments presented, I thought that Thaler’s best relied upon Section 103’s statement that patentability shall not depend upon “the manner in which the invention was. ” Slip Op.

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Invention Inventor Patent Law Patent 99

The IP Law Blog

MARCH 15, 2024

Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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Invention Patent Patent Law Law 62

Barry Sookman

DECEMBER 23, 2023

Recent decisions in both the patent and copyright fields have denied protection for otherwise patentable inventions and copyright works where the sole claimed inventor or author is identified as an artificial intelligence system. … The post Do generative AI inventions and works qualify for patents and copyrights?

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Invention Copyright Patent Inventor 114

Patently-O

JUNE 23, 2024

While the majority opinion, authored by Justice Kavanaugh, upheld the MRT, Justice Thomas published a strong dissent relying upon an invention metaphor in a decidedly negative light, something that he has done in several other recent opinions. ” Justice Thomas is not alone in his negative view of judicial invention. .”

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