AI Software Inventor on Patent

Can AI Be An Inventor on a Patent? US Court Says No and Supreme Court Declines Challenge

AI, Patents, SCOTUS, USPTO / By / May 8, 2023

Asked to decide if an artificial intelligence (AI) software system can be listed as the inventor on a patent application, the United States Court of Appeals for the Federal Circuit (CAFC) said no. And SCOTUS recently declined to hear a challenge to the case.

The case raised the fundamental question of whether non-human entities can be recognized as inventors under the Patent Act.

According to the Patent Act, the term “inventor” is explicitly limited to natural persons, i.e., human beings. Consequently, the US Patent and Trademark Office (PTO) denied a computer scientist’s patent applications that failed to identify any human as an inventor. The only inventor listed on the patent application was the very software that the computer scientist had created.

The definition of “individual” is not explicitly provided in the Patent Act. However, the Supreme Court has previously clarified that “individual” generally refers to a human being or a person when used as a noun. While this particular ruling (Mohamad v. Palestinian Auth., 566 U.S. 449, 454, 2012) was unrelated to patents, it highlighted the understanding of “individual” in legal contexts.

The CAFC firmly held that an inventor must be a human being, drawing support from its own precedent and reasoning. Consequently, the court confirmed that patent inventors must be actual individuals.

It is worth noting an intriguing detail mentioned in the opinion. The plaintiff pointed out that South Africa has granted patents with his software acknowledged as an inventor. While this aspect warrants further investigation, those interested can explore the full opinion in Thaler v. Vidal.

And remember, if you are an inventor filing a patent application, paying close attention to accurately listing the inventors is of utmost importance. Surprisingly, this crucial aspect is often overlooked or glanced over by applicants. Getting inventorship right is essential to ensure the validity and success of your patent. If you have any questions about what constitutes an inventor or any other patent-related queries, don’t hesitate to reach out.

Source: Reuters

USPTO Issues Patent No 11000000 Twitter @patentauthority Elliot Furman

United States Issues Patent Number 11,000,000

Inventions, Inventors, Patents, USPTO / By / May 11, 2021

The United States issues patent number 11,000,000 today, three years after the USPTO issued patent number 10 million.

The first patent, which was signed by George Washington, was issued on July 31, 1790 to Samuel Hopkins for a process of making potash, an ingredient used in fertilizer. By 1836, over 9,900 patents had been issued. On July 13 of that year the U.S. started numbering patents. Patent No. 1 was issued to John Ruggles for a traction wheel for steam locomotives.

Since then, patents have issued at an exponential rate.

USPTO Exponential Growth of Patents
Image Courtesy of the U.S. Patent and Trademark Office

Patent No. 11,000,000 is for a new method for delivering, positioning, and/or repositioning a collapsible and expandable stent frame within a patient’s heart chamber.

Other interesting historical facts about patents can be found on the USPTO’s page Milestones in U.S. Patenting.

Eye Sweat Diverter Patent Took 15 Years to Get

How Long Does It Take to Get a Patent?

Inventions, Patents, USPTO / By / April 23, 2021

In the case of this patent for an eyebrow sweat diverter, nearly 15 years!

I get asked the question a lot. It varies based on the technology classification and other factors. Simple design patents can issue within approximately 18 months. Complex software patents can take several years. The USPTO has a patent dashboard that gives current pendency data and other interesting statistics.

Patent Dashboard Pendency March 2021
Patents Data Visualization Center March 2021

As of March 2021, there were over 619,000 unexamined patent applications. It takes on average over 16 months from the time you file your patent application until it is examined and you are issued an office action. The office action usually contains page after page of rejections. You must respond to those rejections and then may receive another round of rejections to which you must respond. And so forth. This back and forth can take some time.

The USPTO reports that, on average, it takes nearly two years from the time you file to the time your patent application until it is granted. However, my experience is often different. In the complex areas I work in with many startups – software, telecommunications, AI, blockchain, internet – I have found that typical pendency times are significantly longer. There are ways to speed up the examination of your patent application, but there are often costs associated with doing so that must be carefully considered.

Filling a patent application is the start of a long complex legal process with no guarantee that your application will ever mature into an issued patent. As a startup or entrepreneur with limited funds it is imperative you do things right from the start. Contact us to get started. We’ll answer all of your questions and set you down the path to success.

USPTO Patents Humanity

USPTO announces special Patents for Humanity COVID-19 category

Patents, USPTO / By / April 5, 2021

The United States Patent and Trademark Office (USPTO) today announced that it will be launching a special category of its Patents for Humanity Program for inventions that address the COVID-19 pandemic. This new award category will provide business incentives for patent applicants, holders, and licensees whose inventions track, prevent, diagnose, or treat COVID-19.

https://www.uspto.gov/ip-policy/patent-policy/patents-humanity

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