On September 2, the U.S. District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent and Trademark Office (USPTO) and upholding the Office’s view that AI algorithms cannot be listed as inventors on U.S. patents. The court pointed to the Administrative Procedures Act’s (APA’s) strong deference to final agency decisions, barring any egregious errors. DABUS generated outputs corresponding to (1) a fractal design for food container surfaces that may help prevent stacked containers from sticking together and (2) a technique for controlling the timing of flashing warning lights to help attract attention. Dr. Stephen Thaler (DABUS’s creator and owner) filed patent applications on these inventions that were filed around the world, listing Thaler as the applicant and listing only DABUS as the inventor.
Litigation
- CAFC Gives Google Second Shot at PTAB in Challenge of Communications Patents
- LG’s Recent Infringement Fight Against TCL Could Take Some Tips from DivX’s Approach
- In re Killian: Harvey the Rabbit Comes to the Federal Circuit
- California Court Holds Pinterest’s Display of User-Uploaded Works Near Ads are Protected by DMCA Safe Harbor
- Hirono and Tillis Give Vidal One Month to Answer Questions on Abuse of PTAB Process
Recent Posts
- Other Barks & Bites for Friday, May 20: CAFC Remands No Case or Controversy Determination to Eastern Texas, Ninth Circuit Rules 2018 Farm Act Legalized Delta-8 THC Trademarks, and EU Commission Directs Member States to Codify Copyright Rules
- CAFC Gives Google Second Shot at PTAB in Challenge of Communications Patents
- Policy Shift Against SEP Rights Poses Risks for U.S. Innovation and Undermines Mandate of the ITC
- Mossoff-Barnett Comment on EU Commission’s Call for SEP Evidence Spotlights Misconceptions About FRAND Obligations
- LG’s Recent Infringement Fight Against TCL Could Take Some Tips from DivX’s Approach