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.

Inventor 89

Inventor Patent Invention Patent Application 89

LexBlog IP

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. The court unanimously found that AI cannot.

Patent Application 52

Patent Application Inventor Patent Invention 52

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. In In re Appl.

Patent Application 242

Patent Application Patent Invention Inventor 242

LexBlog IP

FEBRUARY 15, 2024

Court precedent and the United States Patent and Trademark Office (USPTO) guidelines have taken the place of written law to guide the USPTO in matters relating to AI. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

Inventor 52

Inventor Patent Invention Patent Application 52

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.

Inventor 117

Inventor Patent Invention Patent Application 117

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.

Inventor 98

Inventor Privacy Patent Patent Application 98

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.

Inventor 129

Inventor Invention Patent Law 129

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. When do you need to patent an idea? Patent deadlines are critical.

Patent Application 98

Patent Application Patent Design Designs 98

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.

Inventor 96

Inventor Invention Patent Patent Application 96

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. In In re Appl.

Patent Application 130

Patent Application Patent Invention Inventor 130

Intellectual Property Law Blog

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. Everyone involved in the filing and prosecution of a U.S. On February 13, 2024, the U.S.

Invention 130

Invention Inventor Patent Application 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.

Technology 130

Technology Patent Application Trademark Patent 130

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. In the United States, small entity status may be established if an applicant meets certain conditions.

Patent Application 52

Patent Application Inventor Patent Ownership 52

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.

Inventor 93

Inventor Patent Application Patent Law Trademark 93

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. .”

Inventor 52

Inventor Invention Patent Designs 52

JD Supra Law

AUGUST 9, 2022

Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. By: BakerHostetler

Inventor 55

Inventor Patent Patent Application Trademark 55

TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

Patent Application 52

Patent Application Patent Invention Inventor 52

Velocity of Content

MARCH 16, 2022

Patent and Trademark Office (USPTO) held a second symposium looking at the potential for change in the treatment of machine-created works. Stephen Thaler , owner and developer of a patent-writing program known as DABUS , submitted patent applications in several countries. And then, in 2021, the USCO and the U.S.

Inventor 98

Inventor Editing Copyright Copyright Law 98

LexBlog IP

MAY 9, 2022

In many cases, it may be desirable to file a new patent application that both relies on information disclosed in a previous patent application and includes new information that builds on the previous disclosure. A Continuation in Part (CIP) application is designed for exactly such a purpose. ” 35 U.S.C. §

Inventor 52

Inventor Invention Patent Application Patent Prosecution 52

LexBlog IP

JANUARY 25, 2022

Free Online Tools and Resources for Inventors. As an inventor, you know that protecting your invention is vital to its success. The process of patenting can be daunting, but with the right tools and resources, it doesn’t have to be. PATENT SEARCH TOOLS. Google Patents. Attorney Consultations. Link: [link].

Inventor 52

Inventor Intellectual Property Invention Patent Application 52

LexBlog IP

JULY 27, 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? Typically, the drawings in a utility patent application are submitted in black and white.

Patent Application 52

Patent Application Patent Invention Copying 52

IP Watchdog

MAY 14, 2023

Patent and Trademark Office (USPTO) finding that AI cannot be considered a named inventor to a patent application remains the law of the land. The issue of AI inventorship in the United States remains at large following the Supreme Court’s denial of cert in Thaler v. Vidal, meaning that the U.S.

Patent Law 128

Patent Law Law Inventor Patent 128

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”.

Inventor 130

Inventor Patent Application Invention Publishing 130

LexBlog IP

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.

Inventor 52

Inventor Invention Patent Application Patent 52

IP Watchdog

SEPTEMBER 12, 2021

Patent and Trademark Office (USPTO), discussing the issue of inconsistent statements made by patent applicants pursuant to their disclosure requirements at the USPTO and other federal agencies, especially the U.S. Food and Drug Administration (FDA).

Patent Application 115

Patent Application Art Patent Trademark 115

The IP Law Blog

FEBRUARY 15, 2024

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention.

Invention 109

Invention Inventor Patent Patent Application 109

Intepat

DECEMBER 24, 2021

The question then becomes whether these AI-generated inventions are patentable under present patent law. In our previous blog post, we explained how the EPO released its judgment outlining the reasons for the rejection of two European patent applications in which an AI system was named as the inventor. BACKGROUND.

Inventor 52

Inventor Invention Patent Application Designs 52

JD Supra Law

AUGUST 11, 2023

Patent and Trademark Office (USPTO) extended its Climate Change Mitigation Pilot Program (CCMPP) in June 2023, encouraging inventors to play a more significant role in mitigating climate change. The CCMPP creates an opportunity for expedited examination of patent applications directed to technologies that mitigate climate.

Trademark 52

Trademark Inventor Patent Patent Application 52

JD Supra Law

FEBRUARY 21, 2024

The United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit have both previously held that an artificial intelligence (AI) system cannot be a sole inventor on a patent application since each inventor must be a human being.

Invention 74

Invention Inventor Patent Application Trademark 74

Larson & Larson

MARCH 9, 2023

This article will explore the implications of AI inventorship, and discuss its potential benefits to inventors and the world at large. There are several ways in which AI can assist inventors. This can help inventors to quickly and efficiently identify which ideas are worth pursuing. Under 35 U.S.C. §

Inventor 40

Inventor Invention Marketing Marketing 40

IP Intelligence

AUGUST 9, 2022

Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. While the Patent Act does not define “individual,” the Circuit relied on a previous U.S.

Inventor 52

Inventor Patent Invention Patent Application 52

IP Law 360

FEBRUARY 4, 2022

Patent and Trademark Office has urged the Federal Circuit to uphold a Virginia federal judge's ruling that artificial intelligence cannot be listed as an inventor on a patent application.

Inventor 40

Inventor Patent Application Trademark Patent 40

LexBlog IP

AUGUST 9, 2022

Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. ” Background. Procedural Posture. Thaler appealed to the U.S.

Inventor 52

Inventor Invention Patent Patent Application 52

JD Supra Law

MAY 28, 2024

The US Patent and Trademark Office (USPTO) recently extended its First Time Filer Expedited Examination Program. This pilot program is “designed to increase accessibility to the patent system for inventors who are new to the patent application process, including those in historically underserved geographic and economic areas.”.

Patent 64

Patent Inventor Patent Application Design 64

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.

Inventor 66

Inventor Copyright Law Copyright Law 66

Patent Trademark Blog

MAY 24, 2022

When do patents and trademarks overlap? Everyone once in awhile, a client may have IP rights that involve both patents and trademarks. When the two types of IP overlap, it helps to have a patent and trademark attorney that can carefully navigate pending IP applications to avoid forfeiting rights.

Trademark 52

Trademark IP Patent Patent Application 52

JD Supra Law

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. By: Sheppard Mullin Richter & Hampton LLP

Invention 67

Invention Inventor Patent Application Trademark 67