On April 22, 2020 the USPTO (US Patent and Trademark Office) published a petition decision explaining that, under current law, only natural persons may be named as an inventor in a patent application. In its decision, the USPTO held that interpreting “inventor” broadly to encompass machines would contradict the plain reading of the patent statutes that refer to persons and individuals.
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Citations
1 USPTO. Office of Petitions. Decision re USPN 16/524,350 [Online]. Available at: https://www.uspto.gov/sites/default/files/documents/16524350_22apr2020.pdf (Accessed April 25, 2020)
2 EPO. European Patent Register. EP Patent Application EP3563896 [Online]. Available at: https://register.epo.org/application?number=EP18275174&lng=en&tab=doclist (Accessed April 25, 2020)
3 UKIPO. Decision re GB1818161.0 [Online]. Available at: https://www.ipo.gov.uk/p-challenge-decision-results/o74119.pdf (Accessed April 25, 2020)
4 IPWatchdog. EPO and UKIPO Refuse AI-Invented Patent Applications [Online]. Available at: https://www.ipwatchdog.com/2020/01/07/epo-ukipo-refuse-ai-invented-patent-applications/id=117648/ (Accessed April 25, 2020)
5 Beech Aircraft Corp. v. EDO Corp., 990 F.2d 1237, 1248 (Fed. Cir. 1993).
6 Burroughs Wellcome Co. v. Barr Labs., Inc., 40 F.3d 1223, 1227-28 (Fed.Cir.1994)
7 EPO. European Patent Register. Grounds for Decision re EP Patent Application EP3563896 [Online]. Available at: https://register.epo.org/application?documentId=E4B63OBI2076498&number=EP18275174&lng=en (Accessed April 25, 2020)
8 UKIPO. Decision. Supra.
9 https://www.linkedin.com/in/soodytronson/
10 STAG Law Firm. https://www.stlgip.com/
11 Presque. https://www.mypresque.com/
12 Editors: Hudson, Florence (Ed.). Women Securing the Future with TIPPSS for IoT Trust, Identity, Privacy, Protection, Safety, Security for the Internet of Things. Springer. Available from: https://www.springer.com/gp/book/9783030157043
13 HighNote Coffee. www.highnotecoffee.com
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