On February 13, 2024, the USPTO issued new guidance regarding the patentability of inventions created with the assistance of AI. Issued in response to the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” released by President Biden on October 30, 2023, this guidance has been highly anticipated, in view of the market’s rapid adoption of AI tools in all corners of business, including the creation of inventions and new…
In the past year, news coverage on generative artificial intelligence has dominated headlines. Generative AI offers dominant functionality and opportunities to leverage incredibly powerful algorithms to make new content. One area that business leaders and research and development teams may think to use generative AI is in the realm of new inventions. However, while generative AI offers great potential, it also comes with risk. Below, we discuss patent and other IP considerations related to using…
In Brief Recent developments in AI technologies have led to the increased use of AI to create a range of concepts, developments, research, and even lines of software code, in response to human inputs. This has resulted in an uptick of patent applications filed with the U.S. Patent and Trademark Office (the “USPTO”) seeking patents with varying degrees of contributions from AI tools. This calls into question whether, and to what extent, inventions involving contributions…
This case was one of Ryan Abbott’s attempts (on behalf of Dr Stephen Thaler) to persuade patent offices across the world to recognise the AI tool “DABUS”, as the inventor in certain patent applications. Case J8/20 related to two European patent applications (EP3564144 and EP3563896) which failed to designate a natural legal person as the inventor, instead specifying the AI system DABUS as the inventor. The AI tool was identified as the inventor by Thaler on the…
AI systems can be named inventors under the Patents Act and Patents Regulations says the Australian Federal Court.