The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v. And, nothing in the Act dictates the contrary conclusion.

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Patently-O

NOVEMBER 13, 2023

by Dennis Crouch Berkely Center for Law & Technology is hosting a great half-day virtual-conference this week: “AI as an Inventing Tool – it’s Implications for Patent Law” organized by Prof. In a recent talk about the Future of IP, I noted that I have never been comfortable with the Winslow Tableau.

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Invention Patent Law Law Art 69

The IPKat

SEPTEMBER 15, 2022

Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. The common denominator is the use of changes to the IP law as a political instrument towards states taking “unfriendly” actions against Russia.

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SpicyIP

AUGUST 1, 2021

A significant portion of the suggested reforms to the Patents Act is dedicated to recommendations on loosening the procedural norms of patent filing and patent examination. Issues of executive interference , vacancies , and mismatched expertise of adjudicating members had long plagued the IPAB, a specialized IP forum.

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Reporting Patent Law Patent Application Patent 136

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

The IP Law Blog

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 Patent Application 96

SpicyIP

AUGUST 1, 2021

In about 150 pages the Report suggests a major reevaluation of the IP framework in the country. Section 3 of the Patents Act creates a list of restrictions on what inventions are not patentable. The Report suggests loosening some of the restrictions on what a patentable subject matter is.

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Reporting Patent Law Law Patent 108

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

The IPKat

JUNE 29, 2022

Back in 2021, the UK IPO undertook a consultation on AI and IP covering: copyright in works made by AI; text and data mining using copyright material; and patents for inventions devised by AI. Patent protection for AI-devised inventions. For computer-generated works, no changes to the law are being considered.

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Government Copyright IP Invention 136

Patently-O

FEBRUARY 17, 2025

by Dennis Crouch The Supreme Court's 2024-2025 patent docket has a growing number of cases awaiting consideration. I count fifteen pending cases that could reshape multiple facets of patent law. Celanese raises questions the the scope of the on-sale bar under the America Invents Act, particularly for secret processes.

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Patent Patent Law Invention Art 52

Patently-O

JUNE 6, 2024

Although the case does not involve submission to AI algorithms, some of the questions here are similar to those many IP attorneys are considering when onboarding new AI tools. Neuropublic provided the firm with a detailed, confidential 21-page “Proposed Invention Disclosure” describing this technology.

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Confidentiality Law IP Invention 113

IPilogue

JUNE 2, 2022

Thaler’s application for his AI, DABUS, to be the patent owner of an invention titled “ Food container and devices and methods for attracting enhanced attention ,” a product solely created by DABUS without any human interference. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

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Invention Ownership Intellectual Property Inventor 110

Intepat

JANUARY 15, 2024

This section mandates that a patent applicant must identify the inventor and, if the applicant is not the inventor, explain how they derived the right to the patent. Mr. Thaler’s stance was clear: DABUS, as the AI behind the inventions, should be recognized as the inventor.

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Inventor Patent Law Invention Law 94

The IP Law Blog

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. Such inventions may be protectable under federal patent laws. After looking at all known IP assets, look into what may be unknown.

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IP Intellectual Property Social Media Cease and Desist 98

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2024

Thailand has built a comprehensive Intellectual Property (IP) system, aligned with international standards, to protect the rights of creators, businesses and innovators. Managed by The Department of Intellectual Property (DIP) under the Ministry of Commerce it supports a global practice of IP laws.

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IP and Legal Filings

DECEMBER 19, 2024

Many courts tried to determine whether a software invention is abstract by devising several tests to determine whether any invention related to computers might be patentable. So far, there remains no valid test, set of rules, body of practice, or body of decisions that could determine patent eligibility.

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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. Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore how we can help. Where was the invention made?

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Patent Application Patent Invention Inventor 52

The IPKat

AUGUST 24, 2022

This Alicante-based Kat has been enjoying her sea view with a good book in paws: “ Once upon a time, the patent ” by Pascal Attali (2022, 304 p.). The first part of the book is devoted to the history of patent law. In pre-revolutionary France, similar royal privileges were granted under the name “patente”.

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Patent Patent Law Invention IP 124

IP Watchdog

AUGUST 4, 2022

Lincoln listed the development of patent laws—along with the invention of writing and the discovery of America—among the most important events in world history. Patents have “peculiar value…in facilitating all other inventions and discoveries,” he said in a speech in 1858. But a recent ruling by the U.S.

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Invention Inventor Patent Law Technology 140

SpicyIP

OCTOBER 1, 2024

We are pleased to bring to you this sponsored post by IP Press on the extension of the registration deadlines for their Comprehensive Course on Patents, in collaboration with S. The IP Press presents the third cohort of the Comprehensive Course on Patents. Majumdar & Co. Majumdar & Co.

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SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Read more on this!

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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. student at National Law University, Delhi. SpicyIP intern Vedika discusses this development. Vedika is a third-year B.A.LL.B.

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Invention Inventor Patent Registration 59

Patently-O

FEBRUARY 24, 2022

The invention in Yu was a multi-lens camera deemed abstract by the Federal Circuit. The Kessler Doctrine : If you want to really dig into this case, please read my article on the topic that I wrote for an Akron Law review IP symposium issue. Basically, the patentee failed to disclose pre-filing sales of the invention.

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The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed.

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Patent Law Law Patent Invention 72

IP Watchdog

JULY 15, 2022

Clearing the air on labyrinthine subject-matter eligibility standards for computer-implemented inventions (CIIs), a Canadian Federal Court last month revisited the issue in Benjamin Moore & Co. Attorney General of Canada, 2022 FC 923.

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Invention Intellectual Property Patent Application Patent Law 64

The IPKat

MARCH 24, 2025

Super kids Seven-year-old named Callie from Manchester won the Kids Invent Stuff and Taskmaster Education Competition supported by the UK's Intellectual Property Office. The winning invention was a bath tub that shoots tasks out one end and poops rubber ducks out of the other, which as the winning idea got made IRL. See you there!

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Intellectual Property Intellectual Property Law Invention Inventor 59

IPilogue

JANUARY 10, 2022

This article was written in affiliation with Madelaine’s placement at ventureLAB and published December 17, 2021, as part of ventureLAB’s IP Deep Dive Series. As a founder, once you’ve determined what types of Intellectual Property (IP) you need to protect, it’s important to understand the details and requirements of each.

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The IPKat

DECEMBER 13, 2021

There has been much headline ink spilled on the question of AI-inventorship in the IP press and beyond. Over to the Professors: "There is an increasing influential and bludgeoning legal literature on how artificial intelligence (AI) systems should be treated in law. The AmeriKat braces for the take over of the machines.or

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Inventor Invention Ownership Intellectual Property Law 136

The IPKat

JULY 30, 2024

According to the USPTO guidance for AI-assisted inventions , AI has the potential to solve some of society's most difficult challenges. However, in the patent realm, the USPTO also believes that "inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity".

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JD Supra Law

OCTOBER 25, 2024

By: ArentFox Schiff

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Technology Intellectual Property Patent Invention 77

IP Watchdog

MAY 23, 2022

CLS Bank International, a subject which the Supreme Court has punted on dozens of times after handing out that landmark decision on the patentability of computer-implemented inventions back in 2014. patent law, while recent cert denials indicate other areas of patent law that are of no concern to the nation’s highest court.

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Patent Patent Law Invention IP 88

IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA).

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Invention Inventor Patent Application Patent Law 124

IP Watchdog

FEBRUARY 16, 2022

Nine months in, and we are still awaiting the Biden administration’s decision as to whether the law of patent eligibility should be clarified. On May 3, 2021, the Supreme Court invited the Solicitor General to recommend whether certiorari should be granted in American Axle v.

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Law Patent Invention Patent Law 128

The IPKat

JANUARY 22, 2023

Here are the nominees and winners: Best Patent Law Book The nominations were: Intellectual Property Protection for Plant Related Innovation: Fit for Future? We look forward to reading and reviewing more IP books in 2023! Thank you to readers who voted for the IPKat book of the year awards 2022!

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IPilogue

JULY 14, 2021

Bonnie Hassanzadeh is an IPilogue Senior Editor , IP Innovation Clinic Fellow , and a 3L JD Candidate at Osgoode Hall Law School. . . 5 There needs to be clarity about the circumstances in which a business reworking an item goes so far as to constitute an IP infringement. In a leading Canadian case, Rucker Co.

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IP Copyright Invention Technology 105

SpicyIP

JANUARY 15, 2023

Foreign companies that either do not manufacture their invention in India or do not import their inventions in India can fall foul of these requirements. Further, Form 27 requirements are already very diluted and without them it will be impossible to obtain compulsory licenses, a core part of the Indian patent system.

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Copyright Infringement IP Copyright Intellectual Property 135

Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. AT&T (No.

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Patent Law Law Patent Art 75