JD Supra Law

JANUARY 25, 2024

An AI system cannot be named as the inventor in a UK patent application – the inventor(s) must be human. Technical developments created by AI cannot be ‘inventions’ within the meaning of UK patent legislation. UK patent law does not allow patents to be granted in respect of inventions made autonomously by machines.

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IP Law 360

DECEMBER 19, 2023

s Supreme Court ruled Wednesday that an artificial intelligence cannot be the named inventor of a patent under current legislation, concluding that British law requires a "natural person" to be behind an invention.

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JD Supra Law

JUNE 14, 2024

guidance on inventorship determinations for AI-assisted inventions, if that guidance runs headlong into case law precedent? Inventors beware! Can we trust U.S.P.T.O. Recently I started to believe the U.S.P.T.O. set a possible and unintended trap for its stakeholders. By: Dunlap Bennett & Ludwig PLLC

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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. AI patent activities by year. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development.

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Patently-O

APRIL 25, 2023

My name is Dennis Crouch, and I am a law professor at Mizzou and author of Patently-O. 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 scenario closely mirrors the role of generative AI in the invention process.

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Invention Inventor Patent Intellectual Property 125

JD Supra Law

FEBRUARY 9, 2022

Among these triumphs are the inventions black inventors have contributed, many of which were not recognized with a patent because the Patent Acts of 1793 and 1836 barred slaves from obtaining patents because they were not considered citizens. By: Harness IP

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Patently-O

MARCH 21, 2023

Vidal ask the Supreme Court one simple question: Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone? We are are now at a point where it is easy to see an AI tool creating inventive output. In Thaler’s view, DABUS was the inventor since it was the “individual.

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Inventor Invention Patent Art 120

IP Watchdog

JULY 14, 2022

Earlier this month, IP diversity advocacy group Invent Together announced that it had launched an online learning platform known as The Inventor’s Patent Academy (TIPA), an e-learning course designed in collaboration with Qualcomm to educate inventors from diverse and underrepresented backgrounds about the benefits of engaging with the U.S.

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IP Watchdog

FEBRUARY 29, 2024

On February 20, 2024, a Brazilian congress member, Antônio Luiz Rodrigues Mano Júnior (known as Júnior Mano), introduced a bill to amend the national IP Statute (Law #9,279/96) and regulate the ownership of inventions generated by artificial intelligence systems.

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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.

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Invention Inventor Patent 98

JD Supra Law

AUGUST 12, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. 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? The Federal Circuit recently addressed this issue in Thaler v.

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Inventor Invention Patent 96

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. As discussed here , South Africa and Australia are the only jurisdictions where DABUS has been registered as an inventor.

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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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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

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, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. In compliance with section 5.2(c)(i)

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Invention Inventor Patent Patent Application 57

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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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. Usually, the patent stands valid for 20 years from the date of application. Benefits of patent.

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Invention Patent Inventor Intellectual Property 105

JD Supra Law

FEBRUARY 19, 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. By: Dickinson Wright

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JD Supra Law

MAY 21, 2024

On May 16, 2024, the Tokyo District Court (the “Court”) found that an artificial intelligence (“AI”) that autonomously generated an invention cannot be recognized as the inventor of that invention. The Court also expressed its hope that the legal issues addressed in the case would be settled through future legislation.

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Inventor Invention Patent 61

Barry Sookman

DECEMBER 23, 2023

Artificial intelligence (AI) systems and in particular generative AI (GenAI) systems have raised the question as to whether technical advances in the useful arts or synthetic content generated using these tools can qualify for patent or copyright protection. The Thaler and SURYAST decisions appeared first on Barry Sookman.

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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, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. In compliance with section 5.2(c)(i)

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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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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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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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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 87

JD Supra Law

APRIL 22, 2024

On April 17, 2024, I had the honor of moderating an online panel entitled “Promoting Inventor Equity in Patenting”—part of the OHSU Innovates series hosted by the OHSU Technology Transfer office and OHSU Collaborations and Entrepreneurship team. By: Schwabe, Williamson & Wyatt PC

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Inventor Patent Invention Technology 61

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

IPilogue

SEPTEMBER 3, 2021

Recently, AI technology once again exceeded the legal community’s expectations by filing a patent for its invention of interlocking food containers. Under patent law, it is the general expectation that inventors are humans, not robots. Patent Law in Canada. Why is this an issue? A Flexible Australian Approach.

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Inventor Patent Law Law Patent 106

Patently-O

JULY 28, 2021

Most patents involve two or more joint inventors who all claim to have contributed significantly to the invention. The MPEP, for example, includes a statement in all-caps that “CONCEPTION MUST BE DONE IN THE MIND OF THE INVENTOR.” Above, I referred to conception as the key invention marker.

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The IPKat

OCTOBER 10, 2022

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator.

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JD Supra Law

MARCH 4, 2024

Patent and Trademark Office (USPTO) has issued guidance regarding patentability and inventorship for inventions made with the assistance of artificial intelligence (AI), clarifying the Office’s position that such inventions are patent-eligible so long as at least one human inventor made a significant contribution to conception of the invention.

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Invention Inventor Patent Trademark 61

JD Supra Law

JANUARY 20, 2022

Patent offices and courts around the world have recently been grappling with the question of whether an AI system can be the inventor of a patent. This has been prompted by Dr. Stephen Thaler’s applications to designate his AI system (known as ‘DABUS’) as the inventor of patents filed in multiple jurisdictions.

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Inventor Invention Patent Designs 104

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

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Invention Inventor Patent Application Patent 63

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. 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? Patent Appl. Thaler, assignee, filed U.S.

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Inventor Invention Patent Application Patent 52

Patently-O

MARCH 11, 2022

DABUS created two separate inventions — a “Neural Flame” and “Fractal Container.” Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind. Now the case is pending before the Federal Circuit.

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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.

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IP Watchdog

SEPTEMBER 5, 2023

Confusion and misunderstanding among some independent inventors might slow or stall progress of the excellent eligibility reform bill recently introduced by Senators Chris Coons (D-DE) and Thom Tillis (R-NC).

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