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« Janssen Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2024) | Main | FTC Bans Non-Compete Agreements »

April 15, 2024

Comments

This (of course) also ties into the February update from the USPTO.

It should be abundantly clear that the Office is aiming to separate content from that which a human may rightfully claim the legal status of inventor from any inputs provided NOT by the named humans.

It STILL remains a Hobson's choice about how to treat ANY such "co-invented" material not traceable to a human:

A) machines CAN (objectively) invent. They are just not legal 'inventors' insofar as having the ability to BE a "named inventor." This draws parallel to the objective fact that a simian WAS the photographer, but was not a legal holder of the copyright in the existing photograph.

B) machines can NOT (objectively) invent. This means that whatever cannot be legally traced to an actual human MUST be (logically) merely something that THAT other legal fiction (the Person Having Ordinary Skill In The Art) must have known prior to incorporation into the patent application.

Let's have a poll to see which choice is more popular.

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