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.

Inventor 129

Inventor Invention Patent Law 129

JD Supra Law

FEBRUARY 13, 2024

Last year, the USPTO ruled that an artificial intelligence (AI) cannot be listed as an inventor on a patent application. See USPTO Says AI Machine Cannot Qualify as an Inventor (e.g.,

Invention 68

Invention Inventor Patent Application Patent 68

IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 1] The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. In Thaler v. 4] Based on U.S.

Invention 52

Invention Inventor Patent Application Designs 52

LexBlog IP

MAY 31, 2023

If such new content forms part of a new “invention” (i.e., part of a patent claim), does the AI system need to be listed as an “inventor”? It may all come down to “conception” – that is, whether an AI system can mentally conceive and contribute to an invention. an invention).

Inventor 40

Inventor Patent Application Invention Patent 40

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.

Inventor 98

Inventor Patent Application Patent Invention 98

Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. patents and patent applications.

Inventor 117

Inventor Invention Patent Application Designs 117

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.

Inventor 52

Inventor Invention Patent Designs 52

IP Intelligence

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. While the Patent Act does not define “individual,” the Circuit relied on a previous U.S.

Inventor 52

Inventor Patent Invention Patent Application 52

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. who invented or discovered the subject matter of the invention” (emphasis added).

Inventor 52

Inventor Invention Patent Patent Application 52

Patently-O

APRIL 8, 2024

By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. The case involved a patent infringement suit over an improved vacuum tube used in radio communications. Background The patent at issue, U.S. General Electric Co. , 571 (1931).

Invention 62

Invention Art Patent Television 62

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.

Invention 127

Invention Patent Inventor Intellectual Property 127

Patently-O

MAY 19, 2022

Since the patents here are pre-AIA, we focus on the old Sections 102(a) and 102(b): Pre-AIA 102. A person shall be entitled to a patent unless —. (a) a) the invention was … patented or described in a printed publication … before the invention thereof by the applicant for patent, or. (b)

Invention 54

Invention Inventor Art Patent 54

Patent Trademark Blog

APRIL 19, 2023

What does patent obvious mean? To be patentable, an invention must be novel and nonobvious. A novel invention is new, unique, something hasn’t been before. But, what makes a patent application obvious? Want to file a nonobvious patent? Who really decides if a claimed invention is obvious?

Patent 98

Patent Patent Application Invention Art 98

Patently-O

NOVEMBER 17, 2023

Although the PTAB granted the petitions, it eventually sided with the patentee — agreeing that one of the asserted references did not qualify as prior art. The basic question is whether Itou (7,736,355) qualifies as prior art against Teleflex’s patent (RE46,116). But, these applications are all pre-AIA.

Invention 57

Invention Inventor Art Patent Application 57

Kashishipr

MAY 25, 2022

Before we delve into understanding the concept of Patent Search , let us first make ourselves familiar with the definition of a patent. A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. Types of Patent Search.

Patent 78

Patent Patent Application Inventor Invention 78

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.

Invention 52

Invention Inventor Patent Law Law 52

Patently-O

DECEMBER 19, 2022

Instead, a bill must say something like “in 28 USC 1332, strike ‘$75,000’ and replace it with “$100,000” That can get complicated, with all the federal laws that cross-reference each other, different enactment dates, and so on. The patent application is here.

Inventor 44

Inventor Patent Application Invention Confidentiality 44

Patently-O

MAY 21, 2024

As a reinterpretation of the law, the case will have immediate effect — applying to all pending design patent applications as well as those already issued. As the court noted, “a design patent itself does not clearly or reliably indicate ‘the particular problem with which the inventor is involved.'”

Design Patent 117

Design Patent Designs Design Patent 117

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. See my 2014 post. 102, and are presumed to be enabling.

Art 109

Art Invention Patent Application Publishing 109

SpicyIP

APRIL 30, 2024

This post attempts to critically analyse the relevance of difference in the purported function of the invention and prior art to determine non-obviousness in identifying the inventive step. ” The invention aimed to simplify the communication of sensor data to applications by converting raw sensor data into lightweight messages.

Invention 111

Invention Art Designs Design 111

LexBlog IP

AUGUST 8, 2021

But that is just what his Honour Justice Beach has done in a recent judgment that a patent applicant can name as the inventor, not a human person, but an artificial intelligence ( AI ) system. [1]. 3] The application was filed in 2019 by Dr Thaler as the patentee, but named DABUS itself as the inventor.

Inventor 52

Inventor Patent Patent Application Invention 52

SpicyIP

AUGUST 9, 2021

The terms ‘ AI-generated works ’ and ‘ AI solutions ’ have not been explained in the Report, but its pertinent to define and distinguish the same in order to understand their implications on patent law. An important question that arises is can AI actually invent on its own?

Invention 122

Invention Inventor IP Ownership 122

Patently-O

FEBRUARY 27, 2024

This post breaks down the guidelines and walks through some potential strategies for patent applicants. ” Before Graham and the 1952 Act, the courts had ground their obviousness analysis in the statutory requirement of “invention” and the Constitutional purpose to “promote the Progress.”

Art 120

Art Invention Patent Application Patent 120

IP Intelligence

OCTOBER 6, 2021

District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. The Patent Applications. Max-Planck-Gesellschaft case, which held that a state could not be an inventor, and the Beech Aircraft Corp.

Inventor 105

Inventor Patent Application Invention Intellectual Property 105

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

Design Patent 98

Design Patent Designs Design Patent Application 98

IP and Legal Filings

APRIL 18, 2023

The owner gets an exclusive right to use or sell for a specific time period as a legal right under the document which we refer throughout this paper as ‘patent’ The patent system is designed to encourage innovation by protecting the rights of inventors to their inventions. 3] In the case of V.B.

Inventor 52

Inventor Moral Rights Patent Invention 52

IP and Legal Filings

AUGUST 18, 2021

Thus, it would be right to say that AIs are ever evolving and can think of new inventions without any human input per se. Subsequently, this could pave the way to drastic reformations in patent laws to accommodate AIs and AI inventions. Instead, an inventor could also be an artificial intelligence system.

Inventor 82

Inventor Invention Patent Law Patent Application 82

Texas Intellectual Property Law Blog

FEBRUARY 16, 2021

Individuals and companies in the process of patenting an invention must conduct a thorough patent search. A comprehensive patent search involves reviewing related patents and publications to ensure the new invention meets patent eligibility requirements.

Invention 52

Invention Patent Patent Application Inventor 52

Texas Intellectual Property Law Blog

FEBRUARY 16, 2021

Individuals and companies in the process of patenting an invention must conduct a thorough patent search. A comprehensive patent search involves reviewing related patents and publications to ensure the new invention meets patent eligibility requirements.

Invention 52

Invention Patent Patent Application Inventor 52

The IPKat

DECEMBER 28, 2021

2021 saw key decisions on claim supremacy, types of antibody claims, the data threshold for second medical use inventions and the AI inventor debate. ?? DABUS: An AI inventor or the Emperor's New Clothes? The team driving this forward have already announced their intention to continue the argument in a divisional application.

Inventor 120

Inventor Invention Patent Art 120

Patent Trademark Blog

JANUARY 4, 2023

What is a utility nonprovisional patent application? Unlike design patents , utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed. How to Tell If Your Patent Claims Are Good.

Patent Application 98

Patent Application Patent Art Blogging 98

Patently-O

NOVEMBER 28, 2023

by Dennis Crouch The Patent Trial and Appeal Board recently designated as precedential a portion of its Penumbra v. RapidPulse decision in that provides important guidance on the use of a provisional patent application’s filing date for 102(a)(2) prior art under the America Invents Act. Penumbra, Inc.

Art 48

Art Inventor Publishing Invention 48

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? In our new paper, The Patent Law Origins of Science Fiction , available at [link] , we show that science fiction as a literary form was originally premised on the idea that works of science fiction are like patents. Raytheon Techs. 3d 1374 (2021).

Patent Law 94

Patent Law Law Inventor Patent 94

SpicyIP

JULY 8, 2024

Case Summaries Cornell Research Foundation vs Assistant Controller Of Patents and Designs on 05 July, 2024 (Madras High Court) The appellant was aggrieved by the order passed by the respondent, rejecting its patent application. The Court accepted the appeal and set aside the impugned order, granting the patent to the appellant.

Invention 59

Invention Art Trademark Patent Application 59

Intepat

NOVEMBER 13, 2023

While historically, the field of patent filing has been dominated by men, an inspiring shift is taking place. Women inventors are making significant strides, leaving an indelible mark on the world of innovation and intellectual property. She had invented a Process for weaving straw with silk or thread.

Inventor 52

Inventor Patent Invention Intellectual Property 52

Garrigues Blog

OCTOBER 17, 2023

The Enlarged Board of Appeal of the European Patent Office (EPO) has accepted the possibility of submitting new evidence of the inventive step of a patent application or patent that has been granted during the grant and opposition procedures. We analyze the key aspects of this important decision below.

Invention 52

Invention Patent Application Patent Publishing 52

Fish & Richardson Trademark & Copyright Thoughts

APRIL 26, 2021

For World IP Day, Fish Principal and chair of Fish’s Diversity & Inclusion Initiative , Ahmed Davis , authored the article “Celebrating Black Inventors on World IP Day” for the National Law Journal, which celebrates the contributions of Black inventors who all too often get overlooked.

Inventor 40

Inventor Journalism IP Law 40