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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The IPKat

SEPTEMBER 15, 2021

The question of whether it should be possible to name artificial intelligence (AI) code as an inventor on a patent application continues to dog patent offices and courts around the world. The US District Court, by contrast, recently found against naming an algorithm as an inventor ( IPWatchDog ).

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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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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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Patently-O

JUNE 28, 2023

– Jason) Guided invention sessions not only increase idea submission rates but also transform individuals’ perception of themselves as inventors. By creating a supportive environment and equipping participants with the necessary tools, these sessions pave the way for gender equality in patenting.

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IP Watchdog

SEPTEMBER 7, 2021

District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent and Trademark Office (USPTO) and upholding the Office’s view that AI algorithms cannot be listed as inventors on U.S.

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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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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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SpicyIP

AUGUST 9, 2024

The Story Till Now On one hand, COVID-19 cases are rising yet again to everyone’s surprise, and on the other, the surprises from the Covaxin patent application don’t seem to stop. BBIL then did a quick about-face on this application and issued a clarification on June 22 that they would be refiling with proper credits to ICMR.

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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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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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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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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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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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Intellectual Property Law Blog

OCTOBER 11, 2022

16/524,350 (“DABUS”) , the Applicant attempted to claim a machine as the inventor of a patent application. For example, the application data sheet (ADS) cited a single inventor “DABUS” as the given name and “(Invention generated by artificial intelligence)” as the family name. In In re Appl.

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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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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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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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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. Third, nothing in the Act dictates the contrary conclusion.”. Firstly, Kim et al. Firstly, Kim et al. However, Kim et al.

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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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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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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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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.

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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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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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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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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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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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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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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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Velocity of Content

MARCH 16, 2022

Stephen Thaler , owner and developer of a patent-writing program known as DABUS , submitted patent applications in several countries. As a result of these applications, the government of South Africa recognized DABUS as the inventor on a patent. The post Can an AI be Properly Considered an Inventor?

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Patent Trademark Blog

FEBRUARY 6, 2023

Focus on what matters most So much can be said, and has been said, about the patent application process. To avoid information overload, let’s get back to the most basic things you need to know to file a patent application. Apply for design or utility patent? It can feel overwhelming.

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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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IP Watchdog

DECEMBER 6, 2021

While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos. patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application.

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IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

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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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IP Watchdog

APRIL 20, 2022

Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor. The application was filed on October 17, 2019, and is titled “Food Container”.

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