IPilogue

SEPTEMBER 24, 2021

Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . But while AI is creating new opportunities and innovations, the law has yet to catch up.

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Inventor Invention Patent Law 129

JD Supra Law

APRIL 20, 2023

On April 18, 2023, we submitted a Supreme Court amicus brief expressing our encouragement for the justices to rule on the question of whether it is proper for an artificial intelligence (AI) to be an inventor on a patent application. By: McDonnell Boehnen Hulbert & Berghoff LLP

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Patent Application Inventor Patent 96

Intellectual Property Law Blog

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 130

The IPKat

AUGUST 16, 2021

Late last month, South Africa's Companies and Intellectual Property Commission (CIPC) became the first Patent Office in the world to award a patent that names an artificial intelligence as the inventor of a product. a machine/device) to be named as the inventor in a patent application. What to do.?

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Inventor Patent Application Invention Patent 79

Intellectual Property Law Blog

OCTOBER 4, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Overall, AI is increasingly used in biotechnology, however biotechnology AI patenting is diffusing across all technologies, owners, and inventor-patentees. that filed U.S.

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Technology Patent Application Trademark Patent 242

JD Supra Law

SEPTEMBER 10, 2021

Striking a blow to patent applicants seeking to assert inventorship by artificial intelligence (“AI”) systems, the U.S. District Court for the Eastern District of Virginia ruled on September 3, 2021 that an AI machine cannot qualify as an “inventor” under the Patent Act. By: Proskauer - Life Sciences

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Inventor Patent Application Patent 121

IP Watchdog

MAY 14, 2023

Patent and Trademark Office (USPTO) finding that AI cannot be considered a named inventor to a patent application remains the law of the land. The issue of AI inventorship in the United States remains at large following the Supreme Court’s denial of cert in Thaler v. Vidal, meaning that the U.S.

Patent Law 128

Patent Law Law Inventor Patent 128

JD Supra Law

AUGUST 9, 2022

Summary: Under the Patent Act , an “inventor” must be a natural person. Therefore, an AI system cannot be an inventor. Thaler filed two patent applications with the PTO listing DABUS, an AI system, as the sole inventor. Appeal from the United States District Court for the Eastern District of Virginia.

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Inventor Patent Application Patent 98

JD Supra Law

DECEMBER 22, 2021

It reportedly conceived two separate inventions without any human intervention and therefore, was designated as an inventor on patent applications related to those inventions. DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) is an artificial intelligence (AI) system created by Dr. Stephen Thaler.

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Inventor Intellectual Property Invention Patent Application 124

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

JD Supra Law

AUGUST 9, 2022

5, 2022), the Federal Circuit held that an artificial intelligence (“AI”) system cannot be listed as an inventor on a United States patent. By: Vinson & Elkins LLP

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Inventor Patent Application Patent 111

IPilogue

NOVEMBER 1, 2021

Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode, and a 2L JD Candidate at Osgoode Hall Law School. . In their position statement entitled “Artificial Intelligence Systems as Inventors?” , Dr. Daria Kim, Dr. Josef Drexl, Dr. Josef Drexl, Dr. Reto M. Hilty, and Peter R.

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Inventor Patent Invention Intellectual Property 111

IP Law 360

SEPTEMBER 21, 2021

An appeals court ruled Tuesday that an artificial intelligence machine cannot be listed as an inventor on a patent application, saying only a "person or persons" are allowed under British law, in a landmark judgment in a worldwide battle over the technology.

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Inventor Patent Application Patent Technology 98

LexBlog IP

APRIL 6, 2022

I have been monitoring patent application filing around the world that list “DABUS (the “Device for the Autonomous Bootingstraiming of Unified Sentience”) as the sole inventor. At issue is whether an AI machine alone can be listed as an inventor on a patent application. See Decision re Patent Application No.

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Inventor Patent Application Patent Invention 98

JD Supra Law

SEPTEMBER 9, 2021

and UK Patent Offices have denied patent applications on the grounds that an AI system cannot be listed as an inventor, not every country seems to be following that approach and some may be set to buck the trend. Although the European, U.S., By: MoFo Tech

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Inventor Patent Patent Application 111

IIPRD

JANUARY 7, 2025

One of the main areas of intellectual property law development is the link between artificial intelligence and intellectual property rights (IPRs). Growing AI-related business activity, early case law, and legislative and international policy activities are making it more and more relevant in practice.

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IP Intellectual Property Invention Inventor 98

Patently-O

MARCH 27, 2025

by Dennis Crouch In a significant decision, the Federal Circuit has established a more rigorous test for determining when a published patent application claiming priority to a provisional application can be considered prior art as of its provisional filing date. In re Riggs , Case No. 2022-1945 (Fed.

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Art Confidentiality Publishing Inventor 70

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. On September 22, 2022, the U.S. In In re Appl.

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Patent Application Patent Inventor Invention 130

JD Supra Law

AUGUST 10, 2022

Vidal, the Federal Circuit affirmed that patent inventors must be natural persons, rejecting a technologist's attempt to name an artificial intelligence as the sole inventor on patent applications. On August 5, 2022, in Thader v. By: Jones Day

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Inventor Patent Patent Application 98

The IP Law Blog

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. But can an AI system be a named inventor on a patent? That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system.

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Inventor Invention Patent Patent Application 96

IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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Inventor Patent Application Invention Patent 130

JD Supra Law

MAY 19, 2022

Background - Dr Stephen Thaler applied for a patent application with his AI device, known as DABUS or the Device for Autonomous Bootstrapping of Unified Sentience. DABUS was recorded as an inventor. Dr Thaler submitted that the invention was autonomously generated by the AI. By: Dentons

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Inventor Patent Application Invention Patent 98

The IP Law Blog

NOVEMBER 9, 2023

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”). Unitherm”), argued that it had rights to the patent because its president was an inventor and should be added to the patent. Iolab Corp.

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Inventor Invention Art Patent 110

JD Supra Law

DECEMBER 27, 2023

On 20 December 2023 the UK Supreme Court handed down its judgment in the long-running saga of the DABUS patent applications in the United Kingdom. By: Locke Lord LLP

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Patent Application Inventor Patent Invention 73

Patent Trademark Blog

MARCH 6, 2025

Can foreign applicants file US utility patent applications? 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? It depends.

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Patent Application Patent Invention Inventor 52

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. In his petition to the Supreme Court, Thaler asked if the Patent Act restricts the statutory term “inventor” solely to human beings.

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Inventor Patent Invention Patent Application 89

JD Supra Law

JULY 28, 2023

When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file the utility patent application with the color drawings or photographs? Suppose that you have an invention disclosure for a utility invention that you want to protect.

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Patent Application Invention Inventor Patent 96

IP Law 360

SEPTEMBER 2, 2022

Britain's highest court will hear a researcher's high-profile attempt to get an artificial intelligence listed as an inventor on a patent application as he pursues his global IP litigation campaign.

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Inventor Patent Application Patent Litigation 98

JD Supra Law

OCTOBER 6, 2021

Earlier this month, a federal district court issued the first judicial decision in the country addressing whether an AI system can be an "inventor" under U.S. patent law. The decision was rendered by the U.S. District Court for the Eastern District of Virginia in Thaler v. Hirshfeld on appeal from the U.S.

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Inventor Patent Application Patent Law Trademark 93

Velocity of Content

MARCH 16, 2022

but also the common law or civil law history of cases) did not yet countenance the assertedly “independent” creations of an AI, of which there are many types. Patent and Trademark Office (USPTO) held a second symposium looking at the potential for change in the treatment of machine-created works. Importantly, the U.S.,

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Inventor Editing Copyright Copyright Law 98

Intellectual Property Law Blog

OCTOBER 8, 2021

According to the opinion, the claimed method was directed to an application of Hooke’s law, and thus patent ineligible. A recent court decision on whether an AI system can be named an inventor in a patent application provides a compelling reason for stakeholders in the artificial intelligence industry to respond to the request.

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Inventor Patent Invention Technology 189

JD Supra Law

AUGUST 12, 2022

5, 2022), that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming earlier rulings from the United States Patent and Trademark Office (USPTO) and the lower court in the Eastern District of Virginia. A federal court ruled last week in Thaler v. Vidal (4th Cir.

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Inventor Privacy Patent Patent Application 98

JD Supra Law

SEPTEMBER 22, 2021

13(2) Patents Act 1977 i.e. to name a “Person” as the “Inventor” and to explain how Dr Thaler. By: Hogan Lovells

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Inventor Invention Patent Application Design 98

Intepat

APRIL 7, 2025

This system benefits both society and the inventor. The inventor gains the advantage of excluding others from utilizing the invention for a period of 20 years, while the public benefits from the eventual accessibility of the invention once the patent expires.

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Patent Inventor Invention Patent Law 52

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 and its creator Dr. Stephen Thaler have garnered worldwide attention when patent applications naming DABUS as the sole inventor were filed in several national patent offices.

Patent Application 81

Patent Application IP Patent Inventor 81

JD Supra Law

DECEMBER 1, 2021

There is a split developing in the world over whether artificial intelligence software (AI) can be listed as an inventor on a patent application. In September 2021, the district court held that there was “overwhelming evidence” that Congress defined the term inventor in the Patent Act to include only natural persons.

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Invention Inventor Patent Application Patent 145

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