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RMI Releases Report that Maps the Pathway for China to Pursue Zero-Carbon Steel

BEIJING, Oct.2, 2021 /PRNewswire/ -- On Sep.29th, RMI releases its latest report, Pursuing Zero-Carbon Steel in China—A Critical Pillar to Reach Carbon Neutrality, which...

Arizonans Support New Copper Production for American Energy Independence and a Clean Electricity-Fueled Future

PHOENIX, Oct. 1, 2021 /PRNewswire/ -- In the run-up to a vote in the US House of Representatives which will determine the fate of...

The Decline in COVID-19 Deaths Among Nursing Home Residents and Staff Reversed Course Amid the Surging Delta Variant This Summer

The months-long decline in COVID-19 deaths among nursing home residents and staff reversed course this summer as the Delta variant dominated, with mortality...

Wisdom In An Age Of Ignorance

I am a language person. Maybe it’s because I studied Latin — the precursor of many modern languages — in high school. Or...

DABUS Again Denied in the US and the UK, Part I – the Approach in the US

DABUS Again Denied in the US and the UK, Part I – the Approach in the US DABUS US and UK Part I

On 27 August 2021, the Commissioner of Patents lodged an appeal (case no. VID496/2021) against the decision of Justice Beach in the Federal Court of Australia finding that the ‘AI’ machine known as DABUS could be named as sole inventor on an Australian patent application.  Unusually, and presumably in recognition of the media and public interest generated by this case, IP Australia took the step of announcing the filing of the appeal, while emphasising that ‘[t]he appeal is centred on questions of law and the interpretation of the patents legislation as it currently stands’ and that ‘[t]he decision to appeal does not represent a policy position by the Australian Government on whether AI should or could ever be considered an inventor on a patent application.’  The appeal will most likely be heard by a Full Bench of the Federal Court comprising three judges, although in rare cases deemed sufficiently significant a five judge panel may be assigned.  A hearing could take place as early as November this year, but at this stage it seems more likely to be scheduled for early in 2022.

In the meantime, however, parallel test cases initiated by Surrey University Professor Ryan Abbott’s Artificial Inventor Project have been making their way through the US and UK courts.  On 2 September 2021, Judge Leonie M Brinkema in the United States District Court for the Eastern District of Virginia (‘EDVA’) rejected Dr Stephen Thaler’s appeal against the USPTO’s decision to refuse two patent applications on the basis that DABUS is not a human being and therefore cannot be an inventor under US law (Stephen Thaler v Andrew Hirshfeld and the US Patent and Trademark Office, Mem. Op. [PDF 998kB]).  And on 21 September 2021, a majority of the Court of Appeal of England and Wales (Lord Justice Arnold and Lady Justice Elisabeth Laing, Lord Justice Birss dissenting) upheld a decision of the High Court which agreed with the UK Intellectual Property Office (UKIPO) that Thaler’s applications should be deemed withdrawn because of his failure to identify a natural person as inventor (Thaler v Comptroller General of Patents Trade Marks And Designs [2021] EWCA Civ 1374).

These cases are, of course, of interest because they concern the fascinating question of whether non-human machines can be inventors for the purposes of obtaining patent.  But they are also interesting for what they reveal about the differences between the treatment of inventors under US and UK law.  In the US the inventor is central and indispensable – a position that arguably derives ultimately from the Constitutional authority for Congress to make laws ‘promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries’.  In the UK, however – and in the view of Birss LJ in particular – the identity of the inventor is almost irrelevant in the majority of patents applied for, prosecuted and granted.

I will cover these latest developments in the DABUS saga over a series of three articles.  In this first article, I will look at the approach taken to the role of the inventor in the US, how it differs from other jurisdictions, and the recent decision from the EDVA.  The second article will cover the split decision in the UK, and how the differing opinions of eminent patent jurists Arnold LJ and Birss LJ stack up.  Finally, in the third part I will look at where Australia sits, and consider whether either of the US and UK decisions may be of any relevance in the upcoming Full Court appeal.

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Carmel Partners Announces Grand Opening of the Gantry, Union Market…

WASHINGTON (PRWEB) October 01, 2021 The Gantry, a luxury apartment community located in Washington D.C.’s Union Market District, announces its...

Small but mighty: SteelSeries Prime Mini and Mini Wireless mouse review

After dropping the Prime line of gaming mice in June, SteelSeries once again found itself in the hands of high-profile players like FaZe...

KFF COVID-19 Vaccine Monitor: Vaccination Trends Among Children And COVID-19 In Schools

The KFF COVID-19 Vaccine Monitor is an ongoing research project tracking the public’s attitudes and experiences with COVID-19 vaccinations. Using a combination of...

Satellite servicing companies see different demand in LEO versus GEO

WASHINGTON — Developers of satellite servicing technologies expect interest in refueling and life extension to come from customers in geostationary orbit and beyond,...

Employees expect to return to the office but want their workplace to better support their mental and physical health

Posted on Sep 30, 2021 Eighteen months since nationwide shutdowns, the global surge in COVID-19 cases is exacerbating the onset of virtual fatigue...

Most British workers likely to underestimate their employer’s gender pay gap

Posted on Sep 30, 2021 Despite most British workers (96%) agreeing that the UK has a gender pay gap, as many as 57%...

[Appdome in Integration Developer News] Survey: Mobile Users Want Vendors To Focus on In-App, On-Device Security

A recent survey finds mobile consumers want stronger and reliable security for their apps, data and device – even if at the expense...

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