IPilogue

NOVEMBER 1, 2021

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. found in paragraph 10 of the Thaler decision: “First, an inventor is an agent noun; an agent can be a person or thing that invents.

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Inventor Patent Invention Intellectual Property 111

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. In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. Also, Howard was not named as an inventor. The dispute arose between HIP, Inc. (“HIP”) Iolab Corp.

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Inventor Invention Art Patent 110

IP Watchdog

JANUARY 11, 2022

patent recipients and active patent family owners, providing the IP world with a look at the patent ownership landscape that developed throughout the course of 2021. Today, patent data analytics firm IFI CLAIMS released its annual report of the top U.S.

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Ownership Patent Technology Reporting 120

IP Watchdog

AUGUST 2, 2021

The Federal Court of Australia on Friday ruled in Thaler v Commissioner of Patents [2021] FCA 879 that an artificial intelligence (AI) system can be an inventor under the Australian Patents Act. The Deputy Commissioner of Patents said that Thaler could not name an inventor because an AI simply cannot be an inventor under the Act.

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Inventor Invention Ownership Patent Application 131

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

Patently-O

AUGUST 12, 2021

The patentee lost on a motion to dismiss with the district court holding that BobCar had not proven its ownership rights. No ownership => no standing to sue. . In the end, the district court dismissed the case — finding insufficient evidence of ownership. 36 judgment without opinion.

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Ownership Patent Inventor Design Patent 78

IP Law 360

JUNE 6, 2023

A Florida federal judge declined to wade into a dispute over the ownership of a company created by self-professed bitcoin inventor Craig Wright and a deceased computer forensics expert, instead saying the court's role is to merely help the company collect a $143 million judgment against Wright.

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Ownership Inventor 74

The IPKat

JULY 30, 2024

The natural person can then be named an inventor on the patent application. Of more practical consequence, the legal test provided in the Guidance for determining whether the inventors of a particular AI system should also be considered inventors of its output, remains open to interpretation. Vidal ( 43 F.4th

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Inventor Invention Design Designs 78

SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. Recommendations vis-à-vis Inventorship and Ownership. Granting AI inventorship and ownership, is not as simple as amending a few provisions in the patent law.

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Inventor Invention IP Ownership 122

The IPKat

DECEMBER 20, 2023

The outcome of this appeal turned on three issues: Issue 1 is the scope and meaning of ‘inventor’ in the 1977 Act. The Supreme Court held that the inventor within the meaning of the 1977 Act must be a natural person, and the AI machine DABUS is not a person let alone a natural person ([54] – [65]).

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Inventor Patent Ownership Reporting 86

Patently-O

APRIL 18, 2023

The basic underlying question has to do with whether an NDA or other agreement can effectively limit an inventor’s ability to pursue patent protection — even in circumstances where the inventor has not transferred patent rights. Take the 1-question survey on LinkedIn.

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Ownership Inventor Patent 69

Patently-O

AUGUST 26, 2022

2:21-cv-00126-JRG-RSP) (not available on line for free from what I can see) addressed an accused infringer’s argument that the assignment of the patent-in-suit from the sole inventor (Afana) to the plaintiff, Mobile Equity, was ineffective, and so the patentee lacked standing. Walmart (Case No.

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Ownership Inventor Patent Due Diligence 56

JD Supra Law

JUNE 14, 2023

Having incorrect names listed potentially risks both ownership and validity of the patent. With today’s collaborative environments and complex inventions, knowing which names to include continues to be a challenge that inventors, intellectual property owners, and patent practitioners must address with every application.

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Inventor Intellectual Property Ownership Invention 55

IPilogue

JULY 29, 2022

This sentiment plays into inherent feelings of property ownership and control over your property —in this case, your intellectual property (“IP”. But what are the legal underpinnings that tie Halsey’s (and other artists’) ownership and control of their music? The short answer, as usual in law, is that it depends.

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Music Marketing Marketing Ownership 118

IAM Magazine

JULY 20, 2022

IP transactions face difficulties when inventor employees leave a company, raising questions as to whether their inventions are owned by the company. Often, the type of employee and the jurisdiction in question are key factors.

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Ownership Inventor Invention IP 75

IP Intelligence

MAY 10, 2021

However, we will focus on an argument advanced by Bio-Rad regarding a co-ownership defense. More specifically, a number of inventors of the 10X patents had previously worked for Bio-Rad. On review, the Commission agreed with the ALJ.

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Ownership Inventor Invention Intellectual Property 52

JD Supra Law

MAY 9, 2023

Court of Appeals for the Federal Circuit addressed a claim of joint ownership and – in a unanimous precedential decision – reaffirmed the framework for determining the degree of contribution that an individual must make in order to qualify as an inventor. By: BakerHostetler

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Ownership Inventor 98

The IPKat

JANUARY 27, 2023

Though this part of the judgement was heavily focused on contract law, some significant points regarding student inventors were determined. Claiming ownership of all intellectual property devised made or created by student members “in the course of or incidentally to their studies” would be considered an overbroad term. But unfair?

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Inventor IP Contracts Invention 98

Intepat

APRIL 2, 2022

It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. The foremost advantage of obtaining a patent is that it gives exclusive rights to the inventor. Sense of ownership. Inventors can use patents to establish their businesses. Exclusive rights.

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Invention Inventor Patent Intellectual Property 105

Patently-O

FEBRUARY 12, 2024

” A human who provides a significant contribution may be the sole inventor and original owner, even in situations where the AI provided the greater contribution. No AI Inventors Allowed First, the notice recognizes and follows existing case law that only natural persons can be listed as inventors on U.S. Vidal , 43 F.4th

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Inventor Invention Patent Application Design 120

GDB Firm Blog

OCTOBER 26, 2021

This blog post will briefly explain how patent ownership works under US patent law, so inventors, managers, and other non-experts can better understand this important topic when working with a patent attorney. The issue of who actually owns a patent or pending patent application is obviously very important.

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Ownership Inventor Patent Patent Application 52

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 69

Patently-O

APRIL 13, 2022

But, the law persists in most nations as it has for more than 200 years that patentable inventions must begin with a human person, the inventor. I would love to get your suggestions and feedback. Read mine here ].

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Invention Intellectual Property Inventor Ownership 111

The IPKat

AUGUST 11, 2023

In keeping with the so-called media "silly season" of late summer, PatKat thought she would check-in on the AI inventor debate. The Supreme Court is merely considering whether an AI may be formally designated as an inventor on a UK patent. This Kat will not reiterate her previous thoughts on Dr Thaler's AI inventor crusade ( IPKat ).

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Inventor Invention Law Ownership 52

LexBlog IP

FEBRUARY 17, 2023

2022), in which the court ruled that artificial intelligence (AI) could not be an inventor by itself, the USPTO has now requested comments regarding AI and inventorship. More specifically, in Thaler , Stephan Thaler’s patent applications listed no humans as inventors, and rather listed his AI system, known as DABUS, as the inventor.

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Inventor Invention Patent Application Ownership 52

JD Supra Law

APRIL 5, 2024

The Patent Trial and Appeal Board recently found claims directed to a web-based point of sale system and method unpatentable as obvious after conducting a thorough examination of whether a reference with one common inventor constituted prior art. By: Akin Gump Strauss Hauer & Feld LLP

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Art Ownership Inventor Patent 62

Patently-O

JULY 7, 2021

I have been following the patent ownership lawsuit of Bio-Rad Laboratories, Inc. Bio-Rad now argues that it has partial ownership rights to the inventions based upon the inventor’s contributions while employees. Precedent does not impose a temporal restriction on when a person can become a co-inventor. ICOS Corp. ,

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Invention Ownership Inventor Contracts 92

Patently-O

MAY 22, 2024

by Dennis Crouch In a recent decision, the Federal Circuit vacated a district court’s grant of summary judgment that an inventor, Dr. Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. Core Optical Techs., Nokia Corp. , 23-1001 (Fed. May 21, 2024). 2d 1568 (Fed.

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Ownership Patent Invention Contracts 40

Intellectual Property Law Blog

FEBRUARY 28, 2024

Prior to Bayh-Dole, some federal agencies had patent policies which required grant recipients to give ownership of resulting patents to the government. In October 1996, the provisional application to which the ’094 patent claims priority was filed and the two inventors of the ’094 patent assigned their rights in the invention to USF.

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Licensing Invention Inventor Government 130

The IP Law Blog

MARCH 30, 2023

However, the cost of obtaining and maintaining patents may be a barrier for individual inventors and small businesses to benefit from the advantage or enter certain markets. In some industries, patents may even be essentially required to enter the market and compete successfully.

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Business Inventor Patent Licensing 98

LexBlog IP

MARCH 7, 2022

The appointment of an expanded panel (three judges is usual), including the Chief Justice, is notable, and suggests that the court considers the question of whether a machine can be an inventor for the purposes of the Patents Act 1990 to be one of particular legal importance. He will need at least one of these to survive the appeal.

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Inventor Patent Application Intellectual Property Invention 52

The IPKat

OCTOBER 5, 2021

The AmeriKat instructing her computer overlord to come up with an invention which turns household objects into tuna Can machines be inventors? Over to Henry : "Background Dr Stephen Thaler is the inventor of an artificial intelligence machine called DABUS. 7(3) was that the inventor is a person ([19]). DABUS made inventions.

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Inventor Invention Intellectual Property Patent 93

LexBlog IP

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. In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. Also, Howard was not named as an inventor. 9,980,498 (the “’498 Patent”).

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Inventor Invention Art Patent 52

IAM Magazine

FEBRUARY 9, 2022

Under English law, there is considerable uncertainty as to whether an AI program can be regarded as an inventor of a patent. Such ambiguity means that contracts between parties are crucial to regulating patent ownership.

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Ownership Inventor Contracts Patent 40

IAM Magazine

FEBRUARY 9, 2022

Under English law, there is considerable uncertainty as to whether an AI program can be regarded as an inventor of a patent. Such ambiguity means that contracts between parties are crucial to regulating patent ownership.

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Ownership Inventor Contracts Patent 40

IP Tech Blog

JUNE 18, 2021

Contrary to most legal practice, representing inventors to secure a patent does not require a licensed attorney. Patent agents” can also represent inventors when seeking a patent from the USPTO. On this exam, applicants are tested on laws and rules that address patentability issues and inventor obligations. (A

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Inventor Patent Patent Prosecution Confidentiality 98

Patently-O

JANUARY 24, 2023

.” Specifically, this case arises from the Federal Circuit’s denial of a patent to an invention created by an artificial intelligence (AI) system, holding that an AI system is categorically unable to meet the definition of “inventor” under the Patent Act. PERLMUTTER et al, Docket No. 1:22-cv-01564, Paper No. 16 (D.D.C.

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Invention Intellectual Property Registration Ownership 126