IP Law 360

OCTOBER 24, 2024

The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.

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Patent Law Inventor Law Patent 52

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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Inventor Patent Patent Law Law 70

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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Inventor Invention Patent Patent Law 68

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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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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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

Patently-O

MAY 15, 2024

as a major turning point in American patent and antitrust law. The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. Just a few years later, the Supreme Court reversed course in Motion Picture Patents Co.

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Patent Law Patent Law Invention 111

Patently-O

JUNE 28, 2022

The following year, Congress passed the first patent act that was then signed-into law by President George Washington. The new law eliminated the female pronoun “she.” Swanson, Making Patents: Patent Administration, 1790-1860 , 71 Case W. That said, patenting by women was at an extremely low level.

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Patent Law Law Inventor Patent 134

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. Slowinski expound on the evolving case-law in this subject area. Hilty, and Peter R. Firstly, Kim et al.

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Inventor Patent Invention Intellectual Property 111

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. Vidal, meaning that the U.S.

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Patent Law Law Inventor Patent 128

JD Supra Law

JANUARY 25, 2024

An AI system cannot be named as the inventor in a UK patent application – the inventor(s) must be human. Technical developments created by AI cannot be ‘inventions’ within the meaning of UK patent legislation. UK patent law does not allow patents to be granted in respect of inventions made autonomously by machines.

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Inventor Invention Patent Application Patent Law 68

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

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

The IPKat

JULY 30, 2024

However, in the patent realm, the USPTO also believes that "inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity". The natural person can then be named an inventor on the patent application. How then are AI-generated inventions to be protected?

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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 Patent Inventor Invention 137

Patently-O

AUGUST 22, 2022

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

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Patent Law Law Patent Invention 91

Patently-O

JANUARY 7, 2023

I just gave a short (45 min) talk about the past year in patent law. See the slides here: Patent Year in Review. Patents as Commodity : Many folks are treating it as such. Who is the Inventor : AI and Corporation as the inventor. Patent Venue : Lots still happening in W.D.Tex. by Dennis Crouch.

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Patent Law Law Patent Inventor 56

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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IP Law 360

SEPTEMBER 22, 2021

A landmark ruling that an artificial intelligence machine can't be considered an inventor highlights the potential need for changes to U.K. patent law, intellectual property lawyers said, as the British government eyes reforms to boost AI investment.

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Inventor Patent Law Law Intellectual Property 40

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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Inventor Invention Patent Patent Application 96

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 134

Patently-O

MAY 18, 2023

The Court held that Amgen’s patent claims were invalid due to a lack of enablement, as they failed to provide adequate guidance for making and using the claimed antibodies. Amgen was then able to obtain the broader patents at issue here that are not tied to any particular antibody structure or amino acid sequence.

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Patent Law Law Patent Invention 122

The IPKat

AUGUST 16, 2021

Late last month, South Africa's Companies and Intellectual Property Commission (CIPC) became the first Patent Office in the world to award a patent that names an artificial intelligence as the inventor of a product. a machine/device) to be named as the inventor in a patent application. What to do.?

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Inventor Patent Application Patent Invention 103

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. See [link].

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Patent Law Law Inventor Patent 96

JD Supra Law

OCTOBER 4, 2021

But, can an AI be an “inventor” within the meaning of U.S. patent law? We live at a time when Artificial Intelligence (AI) autonomously drives cars, carries on conversations with humans, and in many other ways engages in seemingly intelligent and increasingly even creative acts previously performed only by humans.

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Inventor Patent Law Law Patent 92

Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

In Thaler , the Court confronted, analyzed and answered the question of “can an artificial intelligence machine be an ‘inventor’ under the Patent Act?” After analyzing the plain statutory language of the Patent Act and the Federal Circuit authority, the Court held that the “clear answer is no.” at *17-18.

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Inventor Intellectual Property Patent Patent Law 91

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. This year’s exam is very loosely based upon an interesting patent that I found associated with the Tow Whee product created by Eric Landis. After talking again with Jane, EL decided to patent the device. Question 3. What do you think?

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Patent Law Law Patent Patent Application 78

JIPEL Copyright Blog

NOVEMBER 12, 2021

As a result, patent offices and courts all over the world must now consider whether AI can be a patent inventor. Both the United States Patent and Trademark Office (USPTO) and U.S. federal courts have found that AI generated inventions are not patentable. Constitution and modern patent law provisions.

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Inventor Patent Invention Patent Law 45

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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Inventor Patent Application Patent Invention 98

Patently-O

SEPTEMBER 21, 2022

Vidal: "Whether an artificial intelligence can be an inventor for purposes of patent law, which implicates the most fundamental aspects of patent law, namely, the nature of inventorship and therefore whether AI discoveries can be patented." Question presented in Thaler v.

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Inventor Intellectual Property Patent Law Invention 53

Patently-O

NOVEMBER 13, 2023

by Dennis Crouch Berkely Center for Law & Technology is hosting a great half-day virtual-conference this week: “AI as an Inventing Tool – it’s Implications for Patent Law” organized by Prof. Rob Merge s, Dr. Yuan Hao (PhD), and Prof. Colleen Chien. Application of Winslow , 365 F.2d 2d 1017 (C.C.P.A.

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Patent Law Invention Law Art 69

LexBlog IP

MAY 31, 2023

part of a patent claim), does the AI system need to be listed as an “inventor”? patent law, an inventor is one who contributes to the conception of at least one claim element of a given patent claim (i.e., patent law. patent law. an invention). an invention).

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Inventor Patent Application Invention Patent 40

JD Supra Law

NOVEMBER 23, 2021

On 30 July 2021, the Federal Court of Australia ruled that a machine – that is, a mathematical equation that analysed and processed data – can be an inventor under Australian patent laws.

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Inventor Patent Law Design Designs 97

LexBlog IP

JANUARY 5, 2023

In United States patent law, in addition to satisfying the requirements for subject-matter eligibility, novelty, enablement, nonobviousness, and written description, a patent must comply with the definiteness requirement as specified in 35 U.S.C. §112(b). [1] §112(b). [1] ” [3].

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Patent Law Law Inventor Patent 52

JD Supra Law

MAY 24, 2023

The United States Constitution provides the basis for patent laws; it says "Congress shall have power. to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries" (emphasis added).

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Inventor Art Patent Law Law 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.

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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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