News & Analysis as of

Inventions United Kingdom

WilmerHale

Patent Protection for AI Creations - Landmark decision by the German Federal Court of Justice

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These days, patent courts across the world have to address the question of how to deal with AI-generated inventions. The German Federal Court of Justice ("FCJ") has recently issued a landmark decision (decision of June...more

A&O Shearman

English Court of Appeal makes Emotional Perception neural network hard to patent

A&O Shearman on

There is no special treatment for neural networks when it comes to UK patenting of computer related inventions. That is the essence of the English Court of Appeal’s conclusion, led by a Judge with a keen interest in computer...more

Paul Hastings LLP

Artificial Intelligence Patents: Reflections on Recent US v EU v UK Approaches

Paul Hastings LLP on

The rapid increase in innovation and popularity surrounding AI, its capabilities and seemingly endless applications has created a technological revolution, the magnitude of which hasn’t been seen for decades. This has led to...more

Skadden, Arps, Slate, Meagher & Flom LLP

New Developments Help Clarify Intersection of Patent Law and Artificial Intelligence

Two recent developments, one in the U.S. and one in the U.K., have shed further light on the intersection of patent law and artificial intelligence (AI), particularly with respect to whether AI-generated inventions can be...more

Smart & Biggar

Ghost in the machine: AI and patent protection

Smart & Biggar on

On December 20, 2023, the UK Supreme Court dismissed Dr. Stephen Thaler’s appeal from the Court of Appeal (England and Wales), finding that AI cannot be an inventor because an inventor must be a natural person1. This issue...more

A&O Shearman

No patents, no problem: how Formula 1 technology races ahead without patent protection

A&O Shearman on

As arguably the most technologically advanced sport in the world, where cutting-edge R&D is critical to achieving results on the track, it would be reasonable to assume that patents play a pivotal role in protecting...more

McCarter & English, LLP

Does Not Compute: UK Supreme Court Rules That AI-Generated Inventions Cannot Receive Patents

As the use of artificial intelligence (AI) in developing new inventions and technologies becomes more prevalent, courts around the world are increasingly addressing whether new inventions developed by AI are eligible for...more

Dorsey & Whitney LLP

AI cannot be an inventor of a UK Patent

Dorsey & Whitney LLP on

The United Kingdom Supreme Court (the ultimate appeal level in the UK legal system) has ruled in a decision of 20 December 2023 that an artificial intelligence (“AI”) system cannot be identified in a patent application as the...more

Faegre Drinker Biddle & Reath LLP

UK Supreme Court Rules that AI cannot be an ‘Inventor’ Under UK Patent Law

In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law. The ruling concludes a series of appeals from...more

White & Case LLP

UK Supreme Court Rules Against AI Inventorship of Patents

White & Case LLP on

On December 20, 2023, the UK Supreme Court ("Court") dismissed Dr. Stephen Thaler's appeal, unanimously affirming the decision of the Comptroller-General of Patents, Designs and Trademarks ("Comptroller") that a machine which...more

Ballard Spahr LLP

U.K. Supreme Court Rules No Patent for AI Inventor

Ballard Spahr LLP on

The U.K. Supreme Court has followed the lead of U.S. 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...more

Locke Lord LLP

The UK Supreme Court Confirms That ‎AI Cannot Be the “Inventor” for a UK ‎Patent Application

Locke Lord LLP on

On 20 December 2023 the UK Supreme Court handed down its judgment in the long-running saga of the DABUS patent applications in the United Kingdom. Whilst the judgment is in essence confined to the interpretation of “inventor”...more

Dechert LLP

AI Innovators Rejoice: English High Court Rules AI Invention Is Patentable

Dechert LLP on

An English court has, for the first time, considered whether trained Artificial Neural Networks (“ANNs”) – a component of AI – could qualify for patent protection, or if they would fall under the computer program exclusion,...more

JAMS

How Do We Protect Intangible Assets - A neutral’s perspective on how ADR may be impacted

JAMS on

One may be surprised to learn that in 2020, according to a study on intangible assets undertaken by Ocean Tomo (Intangible Asset Market Value Study - Ocean Tomo), 90% of the value of S&P 500–listed companies was accounted for...more

Linda Liu & Partners

News Flash: China parallel patent infringement litigation gives Nanoco leverage in the $150million settlement with Samsung

Linda Liu & Partners on

In March, Samsung agreed to pay UK Nanotechnology Company Nanoco USD 150 million in a patent infringement dispute over patents used in QLED televisions that featured legal team from Wei Chixue Law Firm of Linda Liu Group - a...more

White & Case LLP

UK Supreme Court considers AI inventorship

White & Case LLP on

On 2 March, the UK Supreme Court heard the arguments in Thaler v Comptroller-General of Patents, Designs and Trademarks, the latest in a growing line of international jurisprudence grappling with issues raised by the use of...more

A&O Shearman

UK supreme court considers whether AI can be an inventor of a patent

A&O Shearman on

We previously discussed the UK Court of Appeal's judgment in Thaler v Comptroller-General of Patents, Trade Marks and Designs in December 2021 (Court of Appeal Judgment on Machine Inventors). Permission to appeal that...more

Hogan Lovells

Artificial Intelligence and IP: UK IPO consults a second time

Hogan Lovells on

At the end of October 2021, the UK Intellectual Property Office launched its second consultation on artificial intelligence. The consultation is seeking evidence and views on the extent to which patents and copyright should...more

A&O Shearman

Artificial Intelligence and Intellectual Property: what next for the UK?

A&O Shearman on

There is still time to provide input to the UKIPO on copyright protection of computer-generated works, copyright exceptions for text and data mining and AI inventorship of patents as the government bids to make Britain a...more

World Law Group

AI – A Rushing Snowball: Can AI-made Inventions Be Patented?

World Law Group on

AI - a rushing snowball - Human intelligence has developed over thousands of years. Meanwhile, AI, including deep learning algorithms, is the result of just a few decades of work and development. There is no doubt that this...more

Morgan Lewis - Tech & Sourcing

UK High Court Denies DABUS Appeal

On Monday 21 September, the UK High Court (Patents) delivered its judgment on the DABUS appeal, as previously reported here by Morgan Lewis. ...more

Latham & Watkins LLP

Unilever – Too Big to Pay?

Latham & Watkins LLP on

The Court’s decision rested on whether the patents provided outstanding benefit to the employer’s undertaking.  On 23 October, the UK Supreme Court (UKSC) handed down its highly anticipated ruling in Shanks v Unilever [2019]...more

Hogan Lovells

Employment News: harassment, employment status, religion and belief, IP

Hogan Lovells on

Further developments in relation to harassment - The EAT confirmed in Bessong v Pennine Care NHS Foundation Trust that as the law currently stands employers will not generally be liable for third party harassment of...more

Hogan Lovells

Brexit Bill - Impact on patents

Hogan Lovells on

The UK government’s draft EU Withdrawal Bill (the “Brexit Bill“) aims to incorporate EU directives and regulations into UK domestic law in their current form immediately following Brexit (“Retained EU Law“).  This article...more

Hogan Lovells

UK: Drop in the ocean – Employee's invention not profitable enough for compensation

Hogan Lovells on

The UK Court of Appeal confirmed on 18 January that an employee was not entitled to any compensation from his employer for the income generated by his patented inventions, as the returns did not amount to an “outstanding...more

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