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

U.S. Department of Commerce

AUGUST 14, 2024

Patent and Trademark Office (USPTO) will host Invention-Con 2024: Expanding your intellectual property potential. This free event provides resources and access to independent inventors, entrepreneurs, and small business owners whose success depends on guarding their creative work. Participate in activities for all ages.

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Invention Inventor Intellectual Property Trademark 75

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

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.

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Invention Patent Inventor Intellectual Property 128

IP Tech Blog

SEPTEMBER 2, 2021

On September 3, 2021, the US Patent & Trademark Office (USPTO) will announce that it is modifying the COVID-19 Prioritized Examination Pilot Program to accept an unlimited number of applications until December 31, 2021. Please see our blogs here and here for further background information.

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Invention Inventor Patent Application Blogging 115

Patently-O

SEPTEMBER 15, 2021

Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). The America Invents Act (AIA), which passed on September 16, 2011, brought about some of the most significant changes to our patent system in over 50 years.

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Invention Intellectual Property Inventor Intellectual Property Law 131

IP Watchdog

APRIL 25, 2023

Patent and Trademark Office (USPTO) held its East Coast Listening Session on AI Inventorship today, featuring both USPTO staff and patent stakeholder speakers contemplating possible approaches to patenting in a world in which generative artificial intelligence (AI) almost seems to have snuck up on everyone.

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Invention Trademark Patent Inventor 131

Patently-O

MAY 31, 2022

This case raises the novel legal issue of whether a patent can be obtained for an invention created by an artificial intelligence (AI) in the absence of a traditional human inventor (“AI-Generated Invention”). This ignores fundamental statutory and constitutional principles and also stymies innovation. Appellee Brief.

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Invention Inventor Art Patent 91

U.S. Department of Commerce

FEBRUARY 16, 2022

Black Inventors and Entrepreneurs – Past, Present, and Future. Patent and Trademark Office and the International Trade Administration. It is also an opportunity to spotlight some of the many inspiring stories and successes of Black inventors and Black-owned businesses. February 16, 2022. KCPullen@doc.gov. Intellectual property.

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Inventor Intellectual Property Business Marketing 94

Larson & Larson

DECEMBER 16, 2024

Understanding Patent Claim Types: A Guide for Inventors and Practitioners Patent claims define the scope of protection granted by a patent. Independent Claims: An independent claim stands on its own and includes all elements of the invention. All claims fall into the Categories of either independent claims or dependent claims.

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Inventor Patent Invention Art 40

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 84

IP Watchdog

JUNE 9, 2022

Patent and Trademark Office’s (USPTO’s) Director’s Blog published a post authored by USPTO Director Kathi Vidal announcing that the agency is now receiving applications from inventors seeking free legal assistance to bring ex parte appeals of patent examiner rejections to the Patent Trial and Appeal Board (PTAB). On June 7, the U.S.

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Inventor Blogging Publishing Trademark 105

IPilogue

JUNE 2, 2022

Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor.

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Invention Ownership Intellectual Property Inventor 110

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 130

Intellectual Property Law Blog

DECEMBER 15, 2023

Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions. VSI”), asserted that the claimed invention of the challenged patents was conceived in early 2005. Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S.

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Art Inventor Invention Patent 147

IP Watchdog

MARCH 24, 2022

Patent and Trademark Office’s (USPTO’s) Patent Pro Bono Program (PPBP) were African American or Black and 41% were female, according to the latest USPTO Director’s Blog. of all inventors named on U.S. patents are women, while a Harvard study said that white individuals are three times more likely to invent than Black individuals.

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Inventor Patent Invention Blogging 133

Velocity of Content

MARCH 16, 2022

Patent and Trademark Office (USPTO) held a second symposium looking at the potential for change in the treatment of machine-created works. As a result of these applications, the government of South Africa recognized DABUS as the inventor on a patent. Is there a case for protecting AI-devised inventions by IP rights?

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Inventor Editing Copyright Copyright Law 98

Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. He would also understand the profitability and commercial viability of his invention.

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Marketing Marketing Inventor Invention 119

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 Inventor Invention 186

IIPRD

MARCH 13, 2025

With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. Trademarks are governed by the Trade Marks Act, 1999 in India.

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Intellectual Property Registration Design Designs 83

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. Stephen L.

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Inventor Invention Patent Application Patent 52

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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Invention Inventor Patent Application Trademark 71

Patent Trademark Blog

MARCH 6, 2025

Inventors located outside the US can file US patent applications. Foreign inventors, however, must be careful to follow the patent laws of the country in which the invention was made. Where was the invention made? For example, an invention made in China must first be filed with the Chinese patent office.

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Patent Application Patent Invention Inventor 52

LexBlog IP

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115.

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Inventor Invention Patent Design 52

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. Recognizing here that mere control of an AI is insufficient.

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Inventor Invention Patent Application Design 120

IP Watchdog

OCTOBER 1, 2023

Patent and Trademark Office (USPTO) examining corp. In terms of its design, the proposed legislation attempts to deal with each of the Supreme Court’s decisions in Alice, Mayo and Myriad, plus all of their progeny applications thereafter engendered by the Federal Circuit, the Patent Trial and Appeal Board (PTAB), all the way down to the U.S.

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Invention Patent Design Designs 137

IP Watchdog

SEPTEMBER 21, 2021

Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), the Ranking Member and Chair of the Senate Intellectual Property Subcommittee, introduced a pair of bipartisan bills that the Senators say are aimed at improving the participation Americans from all backgrounds in the patent system and ensuring that the public knows the true owners of patents.

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Inventor Intellectual Property Invention Patent 138

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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Invention Inventor Patent Registration 58

U.S. Department of Commerce

JUNE 9, 2022

Visit the Reopened National Inventors Hall of Fame Museum. The National Inventors Hall of Fame (NIHF) Museum is now open to the public! To be inducted into the National Inventors Hall of Fame, an inventor must hold a U.S. There is no better way to learn what trademark protection means for the brands you know and trust.

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Inventor Invention Intellectual Property Brands 64

IP Law 360

SEPTEMBER 16, 2021

As the America Invents Act turned 10 Thursday, two dozen independent inventors and activists gathered outside the U.S. Patent and Trademark Office in Alexandria, Virginia, to demonstrate against one of the law's major impacts: the creation of the Patent Trial and Appeal Board.

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Inventor Invention Trademark Law 65

SpicyIP

JANUARY 30, 2024

As reported , Monish Gujral, the managing director at Moti Mahal says “ You cannot take away somebody’s legacy … The dish was invented when our grandfather was in Pakistan.” Is it about the exclusive right to use a trademark – “butter chicken” or the “look and feel” of a restaurant?;

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False Advertising Social Media Inventor Advertising 115

IP Watchdog

FEBRUARY 1, 2023

Last October, the United States Patent and Trademark Office (USPTO) issued a Request for Comments on USPTO Initiatives To Ensure the Robustness and Reliability of Patent Rights. Patent owners, especially small businesses and independent inventors, need two things of the patent system: 1) Reliability/believability.

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Patent Prosecution Patent Inventor Invention 109

U.S. Department of Commerce

AUGUST 16, 2021

Invention-Con 2021: Capitalizing on Your Intellectual Property. Are you a young or independent inventor, an entrepreneur, or a small business owner whose success depends on guarding your creative work? Patent and Trademark Office’s (USPTO) free online Invention-Con 2021: Capitalizing on your intellectual property, coming August 18-20.

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Intellectual Property Invention Inventor Music 65

Kluwer Copyright Blog

SEPTEMBER 29, 2021

Thaler [2021] APO 5 , which allowed listing AI system DABUS as an inventor in a patent application. The DABUS case refers to an international patent application where AI DABUS was listed as an inventor. Even the Federal Court of Australia thought that, in contrast to ‘inventor’, ‘author’ refers to a human being.

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Inventor Copyright Law Copyright Law 75

IP Watchdog

JUNE 18, 2023

Patent and Trademark Office’s (USPTO’s) Advanced Notice of Proposed Rulemaking (ANPRM) on Patent Trial and Appeal Board (PTAB) practices. With the comment period set to close on June 20, more than 11,000 comments had been filed as of Friday, June 16, in response to the U.S. Only 265 of those had been posted as of Friday, however.

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Inventor Trademark Patent Invention 105

JD Supra Law

JULY 18, 2024

The United States Patent and Trademark Office (USPTO) has issued a new guidance document that is intended to help identify when a process or system that uses artificial intelligence (AI) tools may be eligible for patenting. By: Fox Rothschild LLP

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Invention Inventor Patent Trademark 62

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. A notable example of this is Thaler v.

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Inventor Patent Invention Trademark 57