JD Supra Law

FEBRUARY 14, 2024

On Monday, the US Patent and Trademark Office (USPTO) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence (AI). By: Goodwin

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LexBlog IP

JANUARY 3, 2024

The court held that an AI system is not a person, let alone a natural person, thus this requirement cannot be met by an AI system which has autonomously created an invention. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

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JD Supra Law

JULY 23, 2024

On July 16, 2024, the United States Patent and Trademark Office (“USPTO”) issued new guidance on the patentability of AI-related inventions. Although the USPTO emphasized that its guidance does not change the law of 35 U.S.C. §

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Technology Patent Patent Application Invention 68

Patently-O

APRIL 25, 2023

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 raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor.

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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 provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

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Biswajit Sarkar Copyright Blog

SEPTEMBER 25, 2023

Biotechnology and Intellectual Property are intrinsically linked given that both fields require technology and innovation to pull them forward. What is invented through biotechnological processes must be protected through patent protection lest a third person misuses the same.

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Invention Patent Intellectual Property Technology 59

JD Supra Law

JULY 28, 2023

Patent and Trademark Office to reject patent applications directed to biotechnology-related inventions, held (In re Brana) that utility of such inventions did not require demonstration of therapeutic effectiveness, those determinations being the purview of the FDA.

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Intellectual Property Law Blog

SEPTEMBER 29, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Telling a detailed story explaining the novelty of the invention instead of merely providing a high level description.

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JD Supra Law

AUGUST 5, 2024

The rapid increase in innovation and popularity surrounding AI, its capabilities and seemingly endless applications has created a technological revolution, the magnitude of which hasn’t been seen for decades.

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Invention Patent Application Patent Technology 75

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 provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

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IP Watchdog

AUGUST 7, 2021

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. Further, the USPTO has issued thousands of inventions that utilize AI.

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LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). 2022), and this release provides guidance regarding the open question of human inventorship for inventions developed by a person working with the assistance of an AI system. Vidal , 43 F.4th 4th 1207 (Fed.

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Invention Inventor Intellectual Property Law Intellectual Property 52

Patently-O

APRIL 29, 2024

by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. Medac Pharma Inc. , 3d 1354 (Fed. ” 35 U.S.C. ” Corbin Cabinet Lock Co.

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JD Supra Law

JULY 7, 2022

AI finds application in virtually every technology and business paradigm. If you haven’t seen it already, AI is coming soon to an invention near you and can be found in a greatly increasing number of patent applications and patent claims. Artificial Intelligence (AI) is everywhere and it’s evolving.

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Invention Patent Application Business Technology 98

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? With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. Patent Appl. Therefore, the USPTO found the Patent Act would not allow AI machines to be inventors.

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Inventor Invention Patent Patent Application 96

IPilogue

JANUARY 14, 2022

Student researchers are needed to assist in the preparation of arguments for the ground-breaking DABUS AI patent application in Canada. DABUS, short for Device for the Autonomous Bootstrapping of Unified Sentience , is an artificial intelligence (“AI”) machine that can invent and generate new ideas without any human input.

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Patent Application IP Patent Ownership 81

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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Intellectual Property Law Blog

SEPTEMBER 30, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Telling a detailed story explaining the novelty of the invention instead of merely providing a high level description.

Technology 130

Technology Trademark Patent Prosecution Patent 130

JD Supra Law

FEBRUARY 5, 2024

As part of the America Invents Act (“AIA”), Congress moved the patent system from a first-to-invent to a first-inventor-to-file system. For patents governed by the new first-to-file system, the Act also eliminated interferences, which are administrative priority contests before the PTAB.

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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. And, nothing in the Act dictates the contrary conclusion.

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Invention Inventor Patent Moral Rights 98

IP Watchdog

JULY 25, 2021

As such, AI has been shown to have near endless applications, driving a surge of inventions and related patent application filings. Many AI-based systems are able to recognize trends, patterns and connections, test hypotheses using available data sets, and continuously improve decision trees based on user input.

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Patent Application Patent Invention Patent Prosecution 98

LexBlog IP

JUNE 22, 2023

Interesting Patents | Nintendo and Pokémon Company’s New Patent Application by Founders Legal The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. Looking for more information on patents ?

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Patent Application Patent Intellectual Property Technology 52

The IPKat

AUGUST 11, 2023

PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. Sceptical Kat Has DABUS invented?

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IP Tech Blog

SEPTEMBER 2, 2021

As explained on USPTO’s website , the COVID-19 Prioritized Examination Pilot Program provides the opportunity for small and micro entities to request prioritized examination of patent applications containing one or more claims to a product or process related to COVID-19 — without having to pay the fees for prioritized examination.

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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. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications. Stephen Thaler and Prof.

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Invention Patent Inventor Intellectual Property 127

Intepat

APRIL 19, 2023

INTRODUCTION As technology continues to evolve at an unprecedented pace, Computer-Related Inventions (CRIs) have become a crucial component of modern innovation. The Patents Act, 1970, provides for the protection of CRIs, but there has been significant debate over the years regarding the patentability of such inventions in India.

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Invention Intellectual Property Patent Copyright 52

IP Watchdog

DECEMBER 6, 2021

While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos. patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application.

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Invention Inventor Patent Application Designs 121

Intellectual Property Law Blog

JUNE 20, 2023

Unlike machine learning technology that merely classifies or predicts, generative AI creates. However, generative AI is susceptible to the same subject matter eligibility issues that have sunk countless patent applications involving various machine learning technologies. A common defect is claim scope.

Patent 130

Patent Invention Art Patent Application 130

Intellectual Property Law Blog

SEPTEMBER 8, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).

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Patent Patent Application Invention Art 246

U.S. Department of Commerce

MARCH 7, 2023

I have served at the USPTO for over 30 years in multiple leadership roles, during which I have worked to improve the automated tools and informational resources that facilitate electronic processing of patent applications. I guide my teams towards continual improvements in IT delivery for maximum value to all stakeholders.

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IPilogue

SEPTEMBER 28, 2021

Apotex ], I have decided to look at precedence from around the world where courts have contemplated recognizing artificial intelligence (AI) technology as an “inventor.” However, this 2002 decision did not define whether AI technology can be an inventor. In light of the recent court decision of Thaler v Hirshfeld et al.

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Technology Inventor Patent Patent Law 111

LexBlog IP

AUGUST 28, 2023

However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and the written description of the patent to which it belonged failed to describe “ how ” the claimed invention implemented this element. ’” Id.

Invention 52

Invention Patent Application Art Patent 52

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 63

Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application.

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Patent Application Editing Patent Design Patent 53

Intellectual Property Law Blog

SEPTEMBER 1, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).

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Patent Patent Application Technology Invention 275

Intellectual Property Law Blog

FEBRUARY 25, 2021

As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these concepts.

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Patent Invention Patent Application Patent Law 130

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? With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. Patent Appl. Therefore, the USPTO found the Patent Act would not allow AI machines to be inventors.

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Inventor Invention Patent Application Patent 52