The IP Law Blog

FEBRUARY 15, 2024

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention.

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Invention Inventor Patent Patent Application 109

JD Supra Law

OCTOBER 4, 2024

To this end, numerous companies are filing patent applications for inventions involving AI. Many of these innovators do not have an AI background, however, and have never filed AI-based patent applications before. By: Procopio, Cory, Hargreaves & Savitch LLP

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Invention Patent Application Inventor Patent 62

Patently-O

AUGUST 5, 2024

Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. 2023-1336 (Fed. July 31, 2024).

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Invention Inventor Art Public Use 111

JD Supra Law

DECEMBER 27, 2023

On 20 December 2023 the UK Supreme Court handed down its judgment in the long-running saga of the DABUS patent applications in the United Kingdom.

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Patent Application Inventor Patent Invention 73

Kashishipr

OCTOBER 13, 2021

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. What is a Provisional Patent Application?

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Patent Application Patent Inventor Invention 105

JD Supra Law

JULY 28, 2023

Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file the utility patent application with the color drawings or photographs?

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Patent Application Invention Inventor Patent 96

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. PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). Sceptical Kat Has DABUS invented?

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Inventor Invention Law Ownership 52

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.?

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Inventor Patent Application Patent Invention 103

Larson & Larson

SEPTEMBER 14, 2023

In this post, we will explore the intricacies of patent application restrictions, aiming to demystify the process and empower inventors with the knowledge they need to navigate this aspect of patent law successfully. One of the key themes that arises from the restriction requirement is the concept of unity of invention.

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Patent Application Invention Patent Inventor 40

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. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

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Patent Application Inventor Patent Invention 62

JD Supra Law

FEBRUARY 21, 2024

The United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit have both previously held that an artificial intelligence (AI) system cannot be a sole inventor on a patent application since each inventor must be a human being. By: Manatt, Phelps & Phillips, LLP

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Invention Inventor Patent Application Trademark 75

Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? Uniquely, he declared that he was not the inventor; instead, he attributed the creations to his AI system named DABUS.

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Inventor Patent Law Invention Law 94

Patently-O

JUNE 28, 2023

– Jason) Guided invention sessions not only increase idea submission rates but also transform individuals’ perception of themselves as inventors. By creating a supportive environment and equipping participants with the necessary tools, these sessions pave the way for gender equality in patenting.

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Inventor Invention Ownership Patent 130

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. In certain instances, if the AI were human, it would be rightfully recognized as at least a joint inventor.

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Invention Inventor Patent Intellectual Property 126

Intellectual Property Law Blog

OCTOBER 11, 2022

Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. MPEP Sections to Know – Especially for AI Inventions.

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Patent Application Patent Invention Inventor 242

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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Invention Publishing Inventor Design 81

LexBlog IP

FEBRUARY 15, 2024

Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

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Inventor Patent Invention Patent Application 52

LexBlog IP

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? 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 Application Patent 52

The IP Law Blog

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. 9,980,498 (the “’498 Patent”). Also, Howard was not named as an inventor.

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Inventor Invention Art Patent 110

JD Supra Law

MAY 22, 2024

Patent Office issued its Inventorship Guidance for AI-Assisted Inventions.The main takeaway is that “[w]hile AI systems. . . By: Haug Partners LLP

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Invention Inventor Patent Application Patent 65

Patently-O

NOVEMBER 17, 2022

The chart below highlights an important trend in patenting: increased joint-inventorship where the inventors reside in different countries. The top (blue-circle) series looks generally at cross-border joint-inventing while the lower (orange-square) series reports a subset where at least one of the inventors has a US residence.

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Invention Inventor Patent Application Reporting 75

IP Watchdog

AUGUST 7, 2021

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. Further, the USPTO has issued thousands of inventions that utilize AI.

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Inventor Technology Patent Application Invention 142

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. Thaler argued that DABUS, not himself or any other human, conceived the invention and identified its significance.

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Inventor Patent Invention Patent Application 89

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

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. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development. from 1990-2018.

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Invention Patent Privacy Inventor 242

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.

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Invention Inventor Patent Patent Application 52

IP Law 360

MARCH 8, 2024

Federal patent officials are giving a yearlong extension to a program that allows smaller inventors who are filing their first patent applications to cut the line for their inventions to be reviewed.

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Inventor Patent Patent Application Invention 59

LexBlog IP

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 52

JD Supra Law

AUGUST 27, 2021

An inventor develops an invention, files a patent application and assigns the application for value to the company they founded. Later, the inventor founds another company and develops an improved version of their original invention. Should the inventor be able to do so? Supreme Court’s.

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Inventor Invention Patent Application Patent Infringement 55

LexBlog IP

FEBRUARY 9, 2023

A provisional patent application is a patent application that is filed with the United States Patent and Trademark Office (USPTO) by an inventor, assignee, or registered practitioner.

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Patent Application Inventor Patent Invention 52

The IPKat

SEPTEMBER 15, 2021

The question of whether it should be possible to name artificial intelligence (AI) code as an inventor on a patent application continues to dog patent offices and courts around the world. The US District Court, by contrast, recently found against naming an algorithm as an inventor ( IPWatchDog ).

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Inventor Invention Patent Application Journalism 144

IPilogue

SEPTEMBER 24, 2021

The latest decision from the United States, Thaler v Hirshfeld , comes off the heels of recent judgements in South Africa and Australia asking if AI can be considered the inventor in patent law. While South Africa and Australia answered in the affirmative, finding that AI passes the inventor test, the U.S. Ryan Abbott.

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Inventor Invention Patent Law 129

JD Supra Law

MAY 19, 2022

Background - Dr Stephen Thaler applied for a patent application with his AI device, known as DABUS or the Device for Autonomous Bootstrapping of Unified Sentience. DABUS was recorded as an inventor. Dr Thaler submitted that the invention was autonomously generated by the AI. By: Dentons

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Inventor Patent Application Invention Patent 98

Intellectual Property Law Blog

OCTOBER 11, 2022

Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. Additional detail on each case is provided below.

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Patent Application Patent Invention Inventor 130

JD Supra Law

DECEMBER 22, 2021

It reportedly conceived two separate inventions without any human intervention and therefore, was designated as an inventor on patent applications related to those inventions.

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Inventor Intellectual Property Invention Patent Application 124

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. [A big thanks to Swaraj for his inputs on the post.] This is also indicated as his address in the Form 1.

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Patent Application Inventor Patent Intellectual Property 64

LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). The Federal Circuit previously held that an AI system cannot be listed as an inventor in Thaler v. Simply owning or overseeing an AI system used in the creation of an invention. Vidal , 43 F.4th 4th 1207 (Fed.

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Invention Inventor Intellectual Property Law Intellectual Property 52