LexBlog IP

DECEMBER 6, 2023

Suppose you have an inventor or applicant who asks you to file a patent application in the U.S. However, the applicant has limited financial resources for filing the patent application. Micro entity status allows an applicant to an 80% reduction on most fees charged by the USPTO. § 1.27

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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 process of patent prosecution determines whether the application contains an invention that may be awarded a patent. Sceptical Kat Has DABUS invented?

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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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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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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.

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GDB Firm Blog

OCTOBER 26, 2021

The issue of who actually owns a patent or pending patent application is obviously very important. 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.

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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. The principal question at hand is whether non-human entities, such as AI systems, should have legal capacity.

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Patently-O

AUGUST 29, 2023

Background : William Taylor and his business partner developed a software application called SafeCell and assigned the patent rights to their startup company W2W. They hired Hunton AK to handle the patent application process. Hunton filed provisional and non-provisional patent applications on behalf of W2W.

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IPilogue

JUNE 2, 2022

Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. This signals a shift in Canadian attitudes towards AI ownership of their work.

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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. 9,980,498 (the “’498 Patent”). Also, Howard was not named as an inventor.

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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. 2019363177 did not comply with reg 3.2C(2)(aa) 2019363177 did not comply with reg 3.2C(2)(aa)

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Patently-O

FEBRUARY 12, 2024

The key takeaway here is that the USPTO believes that an AI-developed invention is patentable so long as a human satisfies the joint-inventorship standard of “significantly contributing to the invention.” patents and patent applications. According to the USPTO, each claim needs to have a human inventor.

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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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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. It is interesting to explore what implications this decision could have in the field of copyright.

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LexBlog IP

MAY 2, 2023

Supreme Court to reverse the Federal Circuit decision in which the court ruled that artificial intelligence (AI) could not be listed as the sole inventor. For instance, if enough other jurisdictions decide to allow patents with only AI listed as an inventor, Congress may not want the U.S. under the Patent Act.

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LexBlog IP

FEBRUARY 13, 2024

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act.

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The IP Law Blog

MARCH 30, 2023

In some industries, patents may even be essentially required to enter the market and compete successfully. 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.

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Intepat

MAY 24, 2024

Understanding Patents A patent is a legal protection granted by the government to an inventor, providing the exclusive right to make, use, and sell an invention for a specified period, typically 20 years from the filing date. To qualify for a patent, an invention must be novel, non-obvious, and useful.

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Intepat

DECEMBER 4, 2023

This evolution is also exemplified by the substantial increase in patent applications filed by MSMEs in the preceding financial year, a development that highlights the growing importance of patents as a strategic tool in this segment of the Indian economy.

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Patently-O

DECEMBER 20, 2023

These Thaler cases showcase that under the current patent law regime, autonomous AI systems cannot qualify as inventors entitled to patent rights, irrespective of their creativity. For AI-generated inventions to become patentable, intervention by policymakers to amend inventorship laws would likely be necessary.

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Patent Trademark Blog

APRIL 22, 2022

Should you own your patent as an individual or under your company? Startups frequently ask whether their patent should be owned by the company or the individual inventors. Why assign the patent to your company? That is why a patent application would never identify a company only.

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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. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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LexBlog IP

FEBRUARY 26, 2024

The Guidance aims to clarify how patent applications involving AI-assisted inventions will be examined by patent examiners, and reaffirms the existing jurisprudence maintaining that only natural persons, not AI tools, can be listed as inventors.

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IP Intelligence

NOVEMBER 14, 2023

One aspect we hope to seek clarity on is how inventorship will be determined when AI contributes to an idea versus the development or perhaps refinement of an invention Could AI eventually be listed as a co-inventor with a human? And if so, how will ownership be attributed? Separately, within 270 days of the EO (i.e.,

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Patently-O

JULY 7, 2021

I have been following the patent ownership lawsuit of Bio-Rad Laboratories, Inc. Some months later, after leaving and forming 10X, they completed the inventions and filed patent applications. Precedent does not impose a temporal restriction on when a person can become a co-inventor. Vanderbilt Univ. ICOS Corp. ,

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LexBlog IP

MARCH 30, 2023

In some industries, patents may even be essentially required to enter the market and compete successfully. 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. had a gross income. had a gross income.

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IP Intelligence

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. United States patent no. Hormel provides a few important practice points.

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IP and Legal Filings

APRIL 18, 2023

The owner gets an exclusive right to use or sell for a specific time period as a legal right under the document which we refer throughout this paper as ‘patent’ The patent system is designed to encourage innovation by protecting the rights of inventors to their inventions. 3] In the case of V.B. Mohammaed Ibrahim v.

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LexBlog IP

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. United States patent no. Iolab Corp. , 3d 1344 (Fed.

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Intepat

APRIL 4, 2022

’ moment, inventors tend to get excited about sharing it with the world. Will it affect the patentability of the invention? It is time to think if our ideas are patentable if we share them in the public domain. In India, the NDAs are valid for one year, within which you have to file a patent application.

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Patently-O

DECEMBER 21, 2022

Patents filed before March 2013 are examined using the pre-AIA rules of patentability, including 35 U.S.C. 102(f): A person shall be entitled to a patent unless — (f) he did not himself invent the subject matter sought to be patented. The patents list two inventors, Richard Darr and Edward Morgan.

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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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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? The US, the European Patent Office, and Australia all have considered this question. For his patent applications Dr Thaler replied ‘ by ownership of the creativity machine “DABUS” ’ ([6]).

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Patently-O

DECEMBER 13, 2023

The PTO responsive brief is due December 14, 2023. = = = The Federal Circuit recently affirmed a PTAB rejecting claims in a patent application filed by Institut Pasteur on the ground of obviousness-type double patenting. The policy goal is to prevent unjustified timewise extension of exclusive patent rights.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Inventorship in the US is a critical component of patent ownership. When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. In Europe, Article 123(2) EPC sets very strict requirements for amendments to patent applications.

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Patently-O

JULY 22, 2022

.” UDP Labs quickly filed a provisional patent application for Young and Hewitt’s new inventions. More patent applications filed rather quickly, all claiming priority back to that original application filed during the consulting agreement period.

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Patently-O

AUGUST 28, 2023

I expect the doctrine would have never developed under our current patent term calculation and is instead a vestige of history. patents are tied to a family member patent via terminal disclaimer and its accompanying promise of continued common ownership. Millions of U.S. The doctrine has its stated origins in 35 U.S.C.

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