Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
On Aug. 5, 2022, a Federal Circuit panel of Judges Moore, Taranto, and Stark issued a unanimous opinion, authored by Judge Stark, in Thaler v. Vidal, Case No. 2021-2347. The panel affirmed the Eastern District of Virginia's determination that an artificial intelligence (AI) software system cannot be listed as an inventor on a patent application. Slip Op. at 2.
Stephen Thaler (Thaler) develops and runs AI systems that generate potential inventions. Id. at 2. In July 2019, he filed two patent applications with the PTO on which he listed an AI system as the sole inventor. Id. at 3. Thaler represented that he did not contribute to the conception of these inventions and that any person having skill in the art could have taken the AI system's output and reduced the ideas in the applications to practice. Id. He also submitted the following documents relevant to inventorship: 1) a sworn oath on behalf of the AI system's behalf to satisfy 35 U.S.C. §115's requirement; 2) a supplemental "Statement on Inventorship" explanation that the AI system is a "particular type of connectionist artificial intelligence"; and 3) an assignment purporting to grant himself all of the AI system's rights as an inventor. Id. at 3-4.
The PTO concluded that both applications were incomplete because they lacked a valid inventor on the ground that "a machine does not qualify as an inventor." Id. at 4. Thaler sought reconsideration, which the PTO denied, on the same ground. Id. He then pursued judicial review of the PTO's final decisions, under the Administrative Procedure Act (APA). Id. The parties agreed to have the district court adjudicate the challenge based on the administrative record developed before the PTO, and filed cross-motions for summary judgment. Id. After briefing and oral argument, the district court granted the PTO's motion and denied Thaler's request to reinstate his applications. Id. The district court ruled that an "inventor" under the Patent Act must be an "individual," and the plain meaning of "individual" as used in the statute is a natural person, which Thaler appealed. Id. at 4-5.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?