Invention Litigation Patent Law 
Patently-O
MAY 10, 2022
DABUS apparently created two inventions–a “neural flame” and a “fractal container.” Rather, he says that it was DABUS who did the inventing. But, the PTO refused to issue the patent without a human listed inventor. ” Abbott and Barghaan litigated the case below as well.
Patently-O
AUGUST 4, 2021
Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Does substantive South African patent law preclude AI inventorship? Was granting the patent a mistake? Stephen Thaler and Prof.
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Patently-O
SEPTEMBER 20, 2021
What is the appropriate standard for determining whether a patent claim is directed to” a patent-ineligible concept under step 1 of the Court’s two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § See also Mohapatra v. Hirshfeld (pro se). PersonalWeb Technologies, LLC v.
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.
The IPKat
AUGUST 4, 2023
The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.
Patently-O
OCTOBER 10, 2022
Today in Patent Law Class, we covered the Supreme Court’s important decision in Markman v. 370 (1996) focusing on the question of whether the patentee has a 7th Amendment right to have a jury decide “genuine factual disputes about the meaning of a patent?” by Dennis Crouch. Westview Instruments, Inc.,
Patently-O
FEBRUARY 24, 2022
Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The settlement also included a license to thousands of Qualcomm patents. 2022)(forthcoming).
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