LexBlog IP

FEBRUARY 15, 2024

Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

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JD Supra Law

FEBRUARY 19, 2024

Guidance on using AI to Invent - Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Vidal, a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent. By: Dickinson Wright

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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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IP Watchdog

FEBRUARY 29, 2024

Bill #303/2024 proposes the addition of a paragraph to Article 6 of the IP Statute, which regulates ownership of inventions, with the following wording: “in the case of inventions autonomously generated by artificial intelligence system, the patent can be requested in the name of the artificial intelligence system that has created the invention, being (..)

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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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JD Supra Law

APRIL 22, 2024

On April 17, 2024, I had the honor of moderating an online panel entitled “Promoting Inventor Equity in Patenting”—part of the OHSU Innovates series hosted by the OHSU Technology Transfer office and OHSU Collaborations and Entrepreneurship team. By: Schwabe, Williamson & Wyatt PC

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IPilogue

SEPTEMBER 3, 2021

Recently, AI technology once again exceeded the legal community’s expectations by filing a patent for its invention of interlocking food containers. Under patent law, it is the general expectation that inventors are humans, not robots. Europe, Australia, and South Africa, only Australia and South Africa granted this patent.

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JD Supra Law

JUNE 25, 2024

Following similar decisions in other countries, a Japanese court held for the first time on May 16, 2024, that an inventor in the Patent Act is limited to a natural person and does not include an artificial intelligence ("AI") system. By: Jones Day

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IP Watchdog

APRIL 24, 2023

Patent and Trademark Office (USPTO) is set to hold its first public listening session on AI inventorship, the U.S. Vidal, which asked the Court to consider the question: “Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone?” One day before the U.S.

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JD Supra Law

JANUARY 19, 2022

Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues surrounding AI and its implications for life sciences innovations. By: Proskauer - Life Sciences

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IP Law 360

MARCH 8, 2024

Federal patent officials are giving a yearlong extension to a program that allows smaller inventors who are filing their first patent applications to cut the line for their inventions to be reviewed.

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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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JD Supra Law

MAY 21, 2024

On May 16, 2024, the Tokyo District Court (the “Court”) found that an artificial intelligence (“AI”) that autonomously generated an invention cannot be recognized as the inventor of that invention. The Court also expressed its hope that the legal issues addressed in the case would be settled through future legislation. By: Hogan Lovells

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JD Supra Law

JANUARY 8, 2024

The United Kingdom Supreme Court (the ultimate appeal level in the UK legal system) has ruled in a decision of 20 December 2023 that an artificial intelligence (“AI”) system cannot be identified in a patent application as the inventor. By: Dorsey & Whitney LLP

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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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IP Law 360

AUGUST 5, 2022

The Federal Circuit on Friday rejected a researcher's bid to name an artificial intelligence machine he created as an inventor on two patents, ruling that the Patent Act is unambiguous that only human beings qualify as inventors.

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JD Supra Law

DECEMBER 27, 2023

courts and denied patent rights to an artificial intelligence (AI) system. The case demonstrates a global trend in the current patent law regime to deny inventorship to AI systems based on statutory interpretation of “inventor.”. Supreme Court has followed the lead of U.S. By: Ballard Spahr LLP

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Patently-O

MARCH 11, 2022

Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind. The USPTO rejected the applications — explaining US patents must name a human inventor. Now the case is pending before the Federal Circuit.

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JD Supra Law

FEBRUARY 15, 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. By: Sheppard Mullin Richter & Hampton LLP

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JD Supra Law

AUGUST 13, 2021

The question whether an artificial intelligence (“AI”) system can be named as an inventor in a patent application has obvious implications for the life science community, where AI’s presence is now well established and growing. For example, AI is currently used to predict biological targets of prospective drug molecules.

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IP Close Up

MAY 29, 2024

Seven of the top 10 most prolific inventors for 2023 are women according to grants issued by the U.S. Patent and Trademark Office and conveyed Continue reading

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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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Patently-O

JULY 28, 2021

Most patents involve two or more joint inventors who all claim to have contributed significantly to the invention. Conception of the invention is typically seen as the critical legal determinant of invention and some courts have written that each joint inventor must have contributed substantially to the conception of the invention.*

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JD Supra Law

JANUARY 4, 2024

In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law.

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IP Watchdog

NOVEMBER 29, 2022

Last September, a bipartisan pair of Senators introduced the Pride in Patent Ownership Act, which, if passed, would add greatly-needed transparency to our patent system. The legislation would require patent owners to disclose their identity to the U.S.

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The IPKat

OCTOBER 10, 2022

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator.

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LexBlog IP

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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JD Supra Law

MAY 2, 2024

Most inventors can attest to the surprise they felt upon learning that the United States Patent and Trademark Office (USPTO) likely will not respond to their first patent application for a couple of years after filing. Essentially, the program allows. By: Dickinson Wright

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JD Supra Law

AUGUST 11, 2022

Patent Trademark Office (PTO) in holding that artificial intelligence (AI) cannot be considered an “inventor” for purposes of obtaining patents. Court of Appeals for the Federal Circuit has agreed with the U.S. By: Pillsbury - Internet & Social Media Law Blog

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IP Watchdog

SEPTEMBER 24, 2021

The 2022 class of inductees into the National Inventors Hall of Fame (NIHF), announced earlier this week, includes the inventors of the foundational technology for messenger ribonucleic acid (mRNA)-based vaccines, the Super Soaker, and Laserphaco cataract surgery. Twenty-two of these inventors were announced in 2020.

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IP Watchdog

AUGUST 5, 2022

Vidal that an artificial intelligence (AI) machine does not qualify as an inventor under the Patent Act. Court of Appeals for the Federal Circuit (CAFC) ruled today in Thaler v. The decision is the latest in a series of rulings around the world considering the topic, most of which have found similarly.

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JD Supra Law

FEBRUARY 26, 2024

As directed by President Biden’s Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the AI EO), the United States Patent and Trademark Office (USPTO) released its Inventorship Guidance for AI-Assisted Inventions (Guidance) on February 12, 2024.

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IP Law 360

MAY 22, 2024

Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.

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JD Supra Law

JANUARY 18, 2024

became the fourth jurisdiction to reach a final determination that a generative AI platform could not be named as an inventor on a patent. Supreme Court relied on statutory language to hold that “an inventor within the meaning of the 1977 [U.K. In December, the United Kingdom (the “U.K.”)

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IP Watchdog

MAY 10, 2023

On Tuesday, the European Patent Office (EPO) announced the 12 inventors and inventor teams that have been selected as finalists for the 2023 European Inventor Award. An independent jury of former European Inventor Award finalists used their expertise to select this year’s finalists.

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IPilogue

SEPTEMBER 24, 2021

The latest decision from the United States, Thaler v Hirshfeld , comes off the heels of recent judgements in South Africa and Australia asking if AI can be considered the inventor in patent law. While South Africa and Australia answered in the affirmative, finding that AI passes the inventor test, the U.S.

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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. The issue has arisen in the Petition for Writ of Certiorari recently filed by Dr. Stephen Thaler.

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