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These were two of the key questions which the Court of Appeal grappled with in Thaler v Comptroller General of Patents [2021] EWCA Civ 1374. [read post]
29 May 2013, 7:51 am by Allison Trzop
Thaler, the Court held that when a state’s procedural framework makes it highly unlikely in a typical case that a defendant will have a meaningful opportunity to raise on direct appeal a claim that his trial counsel provided ineffective assistance, the good cause exception recognized in Martinez v. [read post]
31 May 2013, 7:50 am by Conor McEvily
  At JURIST, Eric Segall discusses Fisher in the context of the same-sex marriage cases,  United States v. [read post]
26 Apr 2022, 6:17 pm by Mark Summerfield
In a decision handed down on 13 April 2022, a panel of five judges of the Federal Court of Australia (‘Full Court’) overturned last year’s controversial ruling by Justice Jonathan Beach, determining that the (alleged) ‘AI inventor’ DABUS cannot be named as an inventor for the purposes of applying for a patent in Australia, and that the law requires the inventor to be a natural person or persons: Commissioner of Patents v Thaler [2022] FCAFC 62… [read post]
1 Oct 2021, 12:26 am by Mark Summerfield
In the first article in this series I looked at the US approach to the role of the inventor in patent law and practice, and at the recent decision of Judge Leonie M Brinkema in the United States District Court for the Eastern District of Virginia (‘EDVA’) upholding the USPTO’s decision to refuse two patent applications on the basis that the ‘AI’ machine DABUS is not a human being and therefore cannot be an inventor under US law (Stephen Thaler… [read post]
1 Oct 2021, 12:26 am by Mark Summerfield
  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. [read post]
1 Oct 2021, 12:26 am by Mark Summerfield
In the first article in this series I looked at the US approach to the role of the inventor in patent law and practice, and at the recent decision of Judge Leonie M Brinkema in the United States District Court for the Eastern District of Virginia (‘EDVA’) upholding the USPTO’s decision to refuse two patent applications on the basis that the ‘AI’ machine DABUS is not a human being and therefore cannot be an inventor under US law (Stephen Thaler… [read post]
1 Oct 2021, 12:26 am by Mark Summerfield
  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. [read post]
3 Dec 2013, 9:14 am by Will Baude
Thaler, in his majority opinion in Morgan Stanley v. [read post]
22 Aug 2023, 11:12 am by Eric Goldman
by guest blogger Heather Whitney To the surprise of no one, a D.C. district court granted summary judgment for the Copyright Office in Thaler v. [read post]
14 Jun 2011, 12:21 pm by John Elwood
Thaler, 10-895, previously relisted after the June 2 Conference and noted in last week’s post. [read post]