The IP Law Blog

AUGUST 11, 2022

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. Alternatively, if the Patent Act requires inventor(s) must be human, are AI-created inventions not patentable at all under the current statute?

Inventor 96

Inventor Invention Patent Patent Application 96

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. In today’s posting, I provide updates to this article.

Inventor 98

Inventor Patent Application Patent Invention 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. Dependent Claims: A dependent claim references an earlier claim and adds additional limitations. All claims fall into the Categories of either independent claims or dependent claims.

Inventor 40

Inventor Patent Invention Art 40

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.

Inventor 94

Inventor Patent Law Invention Law 94

Intellectual Property Law Blog

FEBRUARY 14, 2024

6,061,551 (the “’551 Patent”), a patent that the ’444 Patent incorporated by reference. The Board issued its final written decision determining claim 3 to be unpatentable as obvious over Tayloe in combination with TI Datasheet (another prior art reference). and finally, the “refer to” language in [5.] 2022-1548, (Fed.

Inventor 130

Inventor Art Patent Law 130

IIPRD

JANUARY 7, 2025

But it’s now evident that AI is capable of producing inventions on its own, and there have been multiple documented instances of patent applications where the person applying for a patent has recognized AI as the inventor. If such products were created by a human inventor, they could be eligible for patent protection.

IP 98

IP Intellectual Property Invention Inventor 98

SpicyIP

FEBRUARY 21, 2025

On July 19, 2024, the Court directed, vide an order (see here ), the Director of IIT, Delhi, to appoint a Scientific Advisor and established a Terms of Reference (ToR) for the investigation to be conducted by the Scientific Adviser. litigation would help clarify its validity and prevent any future uncertainty among litigants.

Confidentiality 103

Confidentiality Litigation Intellectual Property IP 103

Intellectual Property Law Blog

AUGUST 2, 2023

Background Mylan petitioned for inter partes review of Sanofi-Aventis’ ‘614 patent, alleging that the challenged claims were obvious based on a combination of three prior art references: Venezia, Burren, and de Gennes. The parties agreed that the ’614 patent and the de Gennes reference belonged to distinct fields of endeavor.

Art 130

Art Inventor Patent 130

JD Supra Law

DECEMBER 4, 2024

The Patent Trial and Appeal Board determined that a reference could be used as prior art because patent owner failed to provide sufficient evidence that the prior art’s disclosure was invented by all four named inventors, and thus the same “inventive entity,” as the challenged claims. By: Akin Gump Strauss Hauer & Feld LLP

Invention 65

Invention Inventor Patent Art 65

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. Even the Federal Court of Australia thought that, in contrast to ‘inventor’, ‘author’ refers to a human being.

Inventor 75

Inventor Copyright Law Copyright Law 75

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. For example, specific to AI, MPEP 2106.03 In In re Appl.

Patent Application 186

Patent Application Patent Inventor Invention 186

IIPRD

MARCH 13, 2025

Intellectual Property refers to any intangible asset or property originated from the human intellect. Copyright Copyright refers to the exclusive rights granted to the authors or performers for their original work or performance like book, film, paintings, compute programmes, etc. For that, first let us understand what are IP and IPR.

Intellectual Property 83

Intellectual Property Registration Design Designs 83

Patently-O

JUNE 28, 2022

When the Patent Act of 1790 refers to inventors, it lists gender inclusive forms of “he, she, or they:” [The inventor(s) must] set[] forth, that he, she, or they , hath or have invented or discovered any useful art, manufacture, engine, machine, or device, or any improvement therein… Patent Act of 1790.

Patent Law 103

Patent Law Law Inventor Patent 103

IP Watchdog

APRIL 25, 2022

Comcast and the High Tech Inventors Alliance (HTIA) filed amicus briefs last week backing a Supreme Court petition brought by Cisco Systems, Inc. The CAFC specifically clarified that its reference to language in the Supreme Court’s ruling in Halo Elecs., last month. Pulse Elecs.,

Inventor 128

Inventor Intellectual Property Litigation IP 128

The IPKat

JANUARY 27, 2023

Though this part of the judgement was heavily focused on contract law, some significant points regarding student inventors were determined. Unfairness in a DPhil contract can be assessed in reference to the intellectual property rights terms in other higher-education institutions.

Inventor 98

Inventor IP Contracts Invention 98

IPilogue

SEPTEMBER 28, 2021

Apotex ], I have decided to look at precedence from around the world where courts have contemplated recognizing artificial intelligence (AI) technology as an “inventor.” However, this 2002 decision did not define whether AI technology can be an inventor. The judge stated that DABUS is not the inventor and cannot be the inventor.

Technology 111

Technology Inventor Patent Patent Law 111

Patently-O

MAY 21, 2024

In utility patents, the test for analogous arts has two prongs, with the reference qualifying as prior art if either prong is met: Whether the prior art is from the same field of endeavor as the claimed invention, regardless of the problem addressed by the reference. May 21, 2024) (en banc). ” In re Jennings , 182 F.2d

Design Patent 119

Design Patent Design Designs Patent 119

SpicyIP

AUGUST 9, 2021

According to WIPO’s Revised Issues Paper on Intellectual Property Policy and Artificial Intelligence , AI-generated works refers to any inventions created by AI without any human intervention. ‘AI How would an AI enforce its rights in case of infringement if it’s both the inventor and the owner?

Inventor 122

Inventor Invention IP Ownership 122

The IP Law Blog

FEBRUARY 15, 2024

In the guidance, the USPTO explained that while AI systems and other non-natural persons cannot be listed as inventors on patent applications or patents, the use of an AI system by a natural person does not necessarily preclude a natural person from qualifying as an inventor if the natural person “significantly contributed to the claimed invention.”

Invention 109

Invention Inventor Patent Patent Application 109

Patently-O

FEBRUARY 12, 2024

” A human who provides a significant contribution may be the sole inventor and original owner, even in situations where the AI provided the greater contribution. No AI Inventors Allowed First, the notice recognizes and follows existing case law that only natural persons can be listed as inventors on U.S. Vidal , 43 F.4th

Inventor 120

Inventor Invention Patent Application Design 120

LexBlog IP

AUGUST 11, 2022

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. Alternatively, if the Patent Act requires inventor(s) must be human, are AI-created inventions not patentable at all under the current statute?

Inventor 52

Inventor Invention Patent Application Patent 52

IP.com

JANUARY 3, 2022

When inventors, patent lawyers, and IP teams talk about patent abandonment, there are multiple practices they could be referring to. A patent or patent application can be abandoned at multiple. The post Patent Abandonment: Why It Matters appeared first on IP.com - IP Innovation and Analytics.

Patent 98

Patent Inventor Patent Application IP 98

IP Watchdog

MAY 19, 2022

The CAFC found that the PTAB “failed to resolve fundamental testimonial conflicts in concluding that the relied-upon reference was not prior art.” Cheyer as inventors. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) that had found Google failed to prove the relevant claims of IPA Technologies, Inc.’s Patent Nos.

Patent 119

Patent Inventor Art Technology 119

IP Watchdog

APRIL 8, 2024

RE47,494 E is owned by inventor Frank Amidio Catalano and covers “a device to prevent corrosion [in motor vehicle radiators] caused by electrolysis.” Mahle Behr requested IPR of the patent, arguing that a prior art reference called Godefroy anticipates and renders obvious certain claims.

Patent 105

Patent Inventor Art Trademark 105

IP Intelligence

OCTOBER 6, 2021

District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. Accordingly, the court found that the issue of whether AI can be an “inventor” turns on the plain meaning of the statutory term “individual.”.

Inventor 105

Inventor Patent Application Invention Intellectual Property 105

IP.com

APRIL 9, 2025

Smaller businesses and individual inventors may benefit from new fee discounts under the Unleashing American Innovators Act , which could help offset some of these costs. Companies will need to prioritize innovations with the highest commercial potential.

Patent 52

Patent Intellectual Property Patent Prosecution IP 52

The IPKat

DECEMBER 28, 2021

2021 saw key decisions on claim supremacy, types of antibody claims, the data threshold for second medical use inventions and the AI inventor debate. ?? DABUS: An AI inventor or the Emperor's New Clothes? 3 Sep 2020) Is it time to move on from the AI inventor debate? (2 15 Sep 2021) ??

Inventor 124

Inventor Invention Patent Art 124

Patently-O

AUGUST 5, 2024

The basic holding is that the 102(a)(2)/(b)(2) safe harbor triggered by an inventor’s pre-filing “public disclosure” of the invention requires that the invention be made “reasonably available to the public.” Sanho Corp. Kaijet Technology International Limited, Inc. , 2023-1336 (Fed. July 31, 2024). 35 U.S.C. §

Invention 111

Invention Inventor Art Public Use 111

The IPKat

FEBRUARY 8, 2022

P1 was filed in the name of 3 inventor-applicants, A1, A2 and A3. The PCT application (P2) named A1, A2 and A3 as inventors and applicants for the US designation of P2. A different applicant (A4) was named as the applicant for the EP designation, with A1-A3 listed as inventors.

Inventor 129

Inventor Design Designs Patent Application 129

LexBlog IP

DECEMBER 15, 2023

Medtronics filed five IPR petitions using the ’355 patent as the primary prior art reference under pre-AIA 35 U.S.C. § ” Medtronic additionally argued that the Board erred in relying solely on uncorroborated inventor testimony as evidence of actual reduction to practice. .” § 102(e). ” Cooper v.

Art 52

Art Inventor Invention Patent 52

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. The Guidance begins with the premise that only natural persons can be named as inventors on U.S. On February 13, 2024, the U.S. 101 and 115.

Inventor 52

Inventor Invention Patent Design 52

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. He filed two patent applications at the USPTO, listing DABUS as the sole named inventor on both applications.

Inventor 52

Inventor Invention Patent Patent Application 52

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. He filed two patent applications at the USPTO, listing DABUS as the sole named inventor on both applications.

Inventor 52

Inventor Invention Patent Patent Application 52

Patently-O

MAY 31, 2022

This case raises the novel legal issue of whether a patent can be obtained for an invention created by an artificial intelligence (AI) in the absence of a traditional human inventor (“AI-Generated Invention”). Appellee Brief. That same panel is hearing two other IP cases: Samsung v. Dynamics , 21-2352. PTAB sided with the patentee Dynamics.

Invention 91

Invention Inventor Art Patent 91

Patently-O

SEPTEMBER 27, 2023

However, engaging diverse inventors at large technology companies still presents layers of challenges. counties where women patented over the 30-year span from 1990 to 2019; in 2019, over 20% of patents issued included at least one woman inventor; similar data is not available for minority inventors.

Inventor 116

Inventor Business Moral Rights Technology 116

LexBlog IP

AUGUST 9, 2022

The Court’s denial of opportunities to clarify this issue has caused American inventors to unreasonably weigh the risk of disclosing their inventions against the uncertainty of acquiring a patent. The purpose of the patent system is to provide economic incentive for inventors to disclose their knowledge to the public sphere.

Inventor 52

Inventor Invention Patent Prosecution Law 52

LexBlog IP

FEBRUARY 13, 2024

In the IPRs, Medtronic asserted that the “Itou” reference qualified as prior art under the pre-AIA § 102(e). . § Background Medtronic filed two IPR petitions challenging certain claims in Teleflex’s ’116 patent.

Invention 52

Invention Art Inventor Patent 52