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ARTICLE · 17 JUNE 2020

Update On Federal Register Notice On Artificial Intelligence (AI) Patent Issues

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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As noted in our previous post, the U.S. Patent and Trademark Office (USPTO) published a request for comments for a list of questions regarding Artificial Intelligence (AI) Patent Issues...

United StatesIntellectual Property
Michael Renaud
Michael Renaud
Marc T. Morley
Marc T. Morley
Paul S. Brockland
Paul S. Brockland
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As noted in our previous post, the U.S. Patent and Trademark Office (USPTO) published a request for comments for a list of questions regarding Artificial Intelligence (AI) Patent Issues in the Federal Register on August 21, 2019. While the comment period has closed, a few developments regarding AI patent issues have occurred that are particularly relevant.

  • The European Patent Office (EPO) has refused two European patent applications that designated an artificial intelligence called DABUS as the inventor, following a non-public hearing on November 25, 2019. The EPO has not yet published its reasons for refusing the applications but merely stated that "they do not meet the requirement of the European Patent Convention (EPC) that an inventor designated in the application has to be a human being, not a machine." The refusal refers to Article 81 and Rule 19 of the EPC. The EPO further noted "A reasoned decision may be expected in January 2020."

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