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

Patently-O

MARCH 21, 2023

Vidal ask the Supreme Court one simple question: Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone? In Thaler’s view, DABUS was the inventor since it was the “individual. But, the USPTO refused to award a patent because the listed inventor was inhuman.

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Inventor Invention Patent Art 122

Intellectual Property Law Blog

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. AI patent activities by year. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development.

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Invention Patent Privacy Inventor 242

JD Supra Law

NOVEMBER 1, 2024

Halloween is a time for goblins, ghouls, and—if you’re an inventor—a whole lot of creative thinking! Among the cauldron of Halloween patents, one particularly clever design stands out: a patented method for decorating pumpkins (and, technically, other fruits…but we’re not holding our breath for Halloween coconuts).

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Design Designs Inventor Patent 88

JD Supra Law

OCTOBER 4, 2021

On September 2, 2021, the US District Court for the Eastern District of Virginia granted the United States Patent and Trademark Office’s (USPTO’s) motion for summary judgement, finding that an artificial intelligence (AI) system cannot be named as an inventor on a patent. By: Morgan Lewis - Tech & Sourcing

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Inventor Trademark Patent 145

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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Inventor Invention Patent Ownership 140

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. If AI-related patent applications and grants are on the uptick, what was the problem with DABUS?

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Inventor Technology Patent Application Invention 142

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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Inventor Patent Patent Prosecution Technology 134

IP Law 360

DECEMBER 19, 2023

s Supreme Court ruled Wednesday that an artificial intelligence cannot be the named inventor of a patent under current legislation, concluding that British law requires a "natural person" to be behind an invention.

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Inventor Patent Invention Law 122

The IPKat

DECEMBER 13, 2021

One question that has recently been in the headlines around the world, thanks to the Artificial Inventor Project, is whether or not an AI system can be regarded as an inventor. The convoluted contortions that Beach J engaged in to arrive at this conclusion was rejected in England.

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Inventor Invention Ownership Intellectual Property Law 135

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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Inventor Trademark Patent Technology 130

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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Ownership Inventor Patent Litigation 127

WIPO Magazine

SEPTEMBER 28, 2021

In a world first, a judge of the Federal Court of Australia has found that artificial intelligence is capable of being an “inventor” for the purposes of the Australian patent regime. Find out more about Justice Beach’s decision.

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Inventor Patent 140

IP Watchdog

SEPTEMBER 19, 2024

A new inventors’ rights group was launched Thursday, September 19, with the aim of “helping startups, small businesses, and entrepreneurs defend their intellectual property rights and access capital.”

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Inventor Intellectual Property IP Business 119

Patently-O

JUNE 28, 2023

(Guest Post by Kevin Ahlstrom, Associate General Counsel, Patents, Meta. – Jason) Guided invention sessions not only increase idea submission rates but also transform individuals’ perception of themselves as inventors. . At Meta, employees are encouraged to submit patent ideas through an inventor portal.

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Inventor Invention Ownership Patent 130

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

Intellectual Property Law Blog

OCTOBER 8, 2021

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. According to the opinion, the claimed method was directed to an application of Hooke’s law, and thus patent ineligible. See American Axle & Manufacturing, Inc.

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Inventor Patent Invention Technology 189

IP Watchdog

FEBRUARY 2, 2023

The inventor of a novel jump rope system (the Revolution Rope), Molly Metz, argued in a reply brief to the U.S. Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S.

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Inventor Technology Patent Trademark 126

SpicyIP

NOVEMBER 30, 2024

Recently, the Indian Patent Office rejected a patent application by UPL Ltd. for lack of sufficient disclosure mandated under Section 10(4) of the Patents Act. In the context of this order, SpicyIP intern Deepali Vashist discusses the disclosure requirement under the Patents Act and what it means for the larger patent bargain.

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Patent Application Invention Patent Public Domain 64

IP Watchdog

AUGUST 17, 2023

Careless naming of inventors on a patent application can create confusion and add complexity to an already intricate process. is a great example where failure to properly list a co-inventor resulted in the only named inventor losing their patent rights. The recent case of Blue Gentian, LLC v. Tristar Prod.,

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Inventor Patent Patent Application Intellectual Property 98

Larson & Larson

DECEMBER 16, 2024

Understanding Patent Claim Types: A Guide for Inventors and Practitioners Patent claims define the scope of protection granted by a patent. This format finds use in chemical and pharmaceutical patents. Contact Larson & Larson to discuss your patent strategy.

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Inventor Patent Invention Art 40

The IPKat

JULY 11, 2022

The EPO Board of Appeal has published its full decision on the question of whether a machine can be an inventor ( J 8/20 ). The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ).

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Patent Law Publishing Inventor Law 145

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.

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Patent Application Patent Inventor Invention 186

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

SpicyIP

OCTOBER 29, 2024

Malladi Drugs, SpicyIP Intern Bhuwan Sarine analyses the Court’s finding on the burden of proof in patent matters concerning revocation petitions. 64 of the Patents Act, 1970 (“the Act”). Accordingly, the Court decided in favour of Malladi Drugs (“Respondent”), upholding the validity of its patent. Petitioner”) under s.

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Invention Art Patent Intellectual Property Law 105

IP Watchdog

JUNE 4, 2023

Within the next few years, the city of Newark, NJ, will be the home of a museum properly paying homage to the historic contributions that these inventors have made to medical science, telecommunications, transportation and more. Some of the earliest chapters in the story of U.S.

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Inventor Technology Intellectual Property IP 128

IP Watchdog

JANUARY 14, 2025

Patent and Trademark Office (USPTO) today released an official Artificial Intelligence Strategy aimed at outlining the challenges faced by the Office both internally and externally, as the reach of AI impacts all aspects of innovation and society.

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Patent Application Patent Technology Reporting 105

IP Watchdog

JULY 2, 2024

Yesterday, US Inventor, Inc. The underlying district court decision was issued in November 2022 by Judge Rodney Gilstrap, who adopted Magistrate Judge Roy Payne’s September 2022 Report and Recommendation and granted TD Ameritrade’s (TD) Motion for Summary Judgment on the patent infringement claim. TD Ameritrade, Inc., urging the U.S.

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Inventor Intellectual Property Patent Infringement Reporting 98

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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Inventor Ownership Invention IP 105

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. Are you a foreign business looking to apply for a US patent?

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Patent Application Patent Invention Inventor 52

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

SEPTEMBER 25, 2023

To realize AI’s full promise, the US may have to reconsider its approach to issuing patents. Artificial intelligence is transforming drug design — but it could also disrupt intellectual property law. By: Goodwin

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Intellectual Property Law Inventor Intellectual Property Patent 124

Patent Trademark Blog

MARCH 13, 2025

How long does it take to get a design patent? On average, a design patent application can take about 16 months for the initial examination. In fact, we have seen design patent applications take two to three years for the initial review by the examiner. Need to speed up your design patent application?

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Design Patent Design Designs Patent 52

JD Supra Law

JANUARY 23, 2025

The court dismissed the conversion claim brought by Mr. Storms, finding it to be preempted by federal patent law. The court also refused to find that Mr. Storms was inventor on patent filed after the summit, which listed Mr. McNamara as an inventor. McNamara, at an industry summit.

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Inventor Patent Law IP Law 75

IP Watchdog

JULY 14, 2022

The idea of patented inventions brings to mind machines fully realized - flying contraptions and engines with gears and pistons operating in coherent symphony. AI inventors sound much more like philosophers theorizing about machines, rather than mechanics describing a machine.

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Patent Law Inventor Patent Invention 137

IP Watchdog

JUNE 20, 2023

Recovering money from users of technology requires movement on the part of inventors of technology. For example, receiving compensation from those who use patented designs without permission often requires patent owners (e.g., All of these movements require the inventor to possess a patent.

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Cease and Desist Inventor Patent Litigation 128

IP Law 360

OCTOBER 22, 2024

By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.

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Patent Troll Inventor Patent Invention 109