Thaler seeks special leave to appeal to the High Court on AI inventorship

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As reported earlier, the Full Court recently determined in Commissioner of Patents v Thaler [2022] FCAFC 62 that a device characterized as an artificial intelligence machine cannot be considered an ‘inventor’ within the meaning of the Patents Act 1990. Counsel for Dr Stephen Thaler, the applicant for Australian patent application no. 2019363177 which names an …
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Full Federal Court says no to AI inventors

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In the latest chapter of the DABUS saga, the Full Federal Court of Australia has determined that a device characterized as an artificial intelligence machine cannot be considered to be an ‘inventor’ in Commissioner of Patents v Thaler [2022] FCAFC 62. Background Dr Stephen Thaler is the applicant for Australian patent application no. 2019363177 naming …
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Don’t try to hide the truth in a case of ‘bad faith’

The Federal Court has allowed an appeal in Enagic v Horizons on grounds including s 62A of the Trade Marks Act that the application subject to the opposition was filed in ‘bad faith’. The determination of this ground heavily turned not only on the evidence that was submitted, but also evidence that was not submitted …
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Can a high-level concept in a proposal give rise to entitlement to an invention?

The Full Court decision in Vehicle Monitoring Systems v SARB Management Group has given detailed consideration to the notion of “inventive concept” in the context of determining entitlement to an invention. The case relates to Australian Patent Application no. 2013213708 entitled “Vehicle Detection” in the name of SARB. which describes systems and methods for detecting …
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Full Court confirms relevant regulatory approval date for PTE

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The Full Federal Court[1] has confirmed that the relevant regulatory approval date for requesting a pharmaceutical patent term extension (PTE) is the earliest inclusion in the Australian Register of Therapeutic Goods (ARTG) of any goods which include a pharmaceutical substance which is claimed and disclosed in the patent, regardless of whether those goods belong to …
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