News & Analysis as of

European Patent Office Inventors

Sterne, Kessler, Goldstein & Fox P.L.L.C.

AI Inventorship: Navigating Patent Rights Around the Globe

Recently, the United States Patent and Trademark Office (USPTO) released proposed guidelines addressing the complex issue of AI inventorship. The PTO is not the only agency attempting to tackle this issue; jurisdictions...more

Dechert LLP

Inventive AI: UK Supreme Court holds that only humans can be inventors

Dechert LLP on

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...more

Mayer Brown

Can AI Be An Inventor? The US, UK, EPO and German Approach

Mayer Brown on

On 20 December 2023, the UK Supreme Court unanimously held that UK patent legislation does not permit an AI system to be named as the "inventor" in a patent application. In doing so, the UK Supreme Court reaffirmed earlier...more

BakerHostetler

Federal Circuit: AI Cannot Be a Named ‘Inventor’ Under the Patent Act

BakerHostetler on

​​​​​​​On August 5, 2022, the Federal Circuit in Thaler v. 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...more

Dechert LLP

Inventive AI: European Patent Office finds that only humans can be inventors

Dechert LLP on

Patent offices and courts around the world have recently been grappling with the question of whether an AI system can be the inventor of a patent. This has been prompted by Dr. Stephen Thaler’s applications to designate his...more

MoFo Tech

AI As A Patent Inventor – An Update From South Africa And Australia

MoFo Tech on

Although the European, U.S., 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...more

Cooley LLP

Alert: G 1/19 – EPO Enlarged Board of Appeal Decides on Inventiveness of Computer-Implemented Simulations

Cooley LLP on

The European Patent Office (EPO) published its decision to the highly anticipated G 0001/19 on March 10, 2021. It was the first time the EPO has held a hearing via videoconference and only the second hearing relating to...more

Kilpatrick

The Time is Now: Opportunities to Advise the E.D. Va. or EPO as to Whether to Prohibit, Permit, or Require Listing an AI Algorithm...

Kilpatrick on

Dr. Stephen Thaler created an artificial-intelligence algorithm – named Device for the Autonomous Bootstrapping of Unified Sentience (DABUS) – that includes multiple neural networks (each trained in a given linguistic...more

Kilpatrick

Should We Require Human Inventorship? Submit Your Amicus Brief by March

Kilpatrick on

A variety of artificial intelligence (AI) technologies exist and are being used in biopharma (e.g., discovery and development of drugs, optimization of clinical trial design, identification of novel biological targets and...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Substantive Motion No. 3 (for Improper Inventorship) and Broad Opposes

Last fall the Patent Trial and Appeal Board, in Interference no. 106,115, granted leave to Junior Party The University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") to file...more

White & Case LLP

USPTO publishes report on public views on artificial intelligence and IP Policy – US IP law adequate for now, until artificial...

White & Case LLP on

White & Case Technology Newsflash - As artificial intelligence (AI) evolves, it becomes imperative to examine whether the current intellectual property (IP) legal frameworks, in the US and abroad, are adequate to address...more

McDonnell Boehnen Hulbert & Berghoff LLP

"Creativity Machine" Cannot Be Named As Inventor

In a Decision on Petition issued in April, and signed by Deputy Commissioner for Patent Examination Policy Robert W. Bahr, the U.S. Patent and Trademark Office refused to vacate a Notice to File Missing Parts of...more

Hogan Lovells

AI has no personality: EPO rules that an AI machine cannot be an inventor in patent applications

Hogan Lovells on

In the patent grant proceedings for two European Patent Applications, the EPO has ruled that an AI machine cannot be named as an inventor in a Patent Application. Doing so does not comply with the requirement to designate the...more

A&O Shearman

Broad Institute CRISPR-Cas9 patent revoked in Europe

A&O Shearman on

17 January 2018 – the Opposition Division (OD) of the European Patent Office (EPO) has today revoked one of the Broad Institute’s foundational CRISPR-Cas9 patents in Europe (EP2771468), upholding the preliminary opinion,...more

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