UK Court of Appeal dismisses DABUS appeal on AI as patent inventor but dissenting judgment leaves room for possible Supreme Court appeal

The latest round in the Thaler/DABUS patent applications story has been fought and lost by Dr Thaler in the UK Court of Appeal, although with one dissenting judgment. An appeal to the Supreme Court is possible but the subsequent announcement of the UK Government's National AI Strategy which will include a UK IPO consultation on the use of copyright and patents to protect AI, expected to be launched within the next few months may mean that the issues could be resolved via legislation instead. Where will Dr Thaler/DABUS go from here? Read more

Challenges with anonymising genetic data

Under the GDPR, anonymous information is information which doesn't relate to an identifiable natural person. Whether a person is identifiable depends on all of the means reasonably likely to be used to identify someone. This is a question of factors such as the cost and time associated with re-identifying someone, taking into account developments in technology. This article explores what it means to anonymise genetic data. Read more

The Unified Patent Court (UPC) – another step forward – provisional application period close to commencing

Germany's deposit of its ratification of the UPC protocol on provisional application on 27 September, 2021, and suggestions that Slovenia and Austria may also ratify shortly, mean that the provisional application period during which the practical arrangements for the UPC will be put in place, which this protocol (once sufficiently ratified) will usher in, now looks likely to commence before the end of 2021 and possibly even as soon as October. If so, the UPC could start to function fully from mid-2022, as has been suggested by the UPC Preparatory Committee. Read more

Revolution or evolution? Tech Disputes podcast series – Episode 3: Software audit disputes and data licensing disputes

In episode 3 of our Tech Disputes podcast series Revolution or evolution?, we take a look at software audit disputes and data licensing disputes and the way in which these disputes can unfold, including the different approaches and levers each side can look to employ in a contentious audit situation. We also look at the practical steps customers can take in order to avoid over deployment risks in the first place, both at the contracting stage, and during the contract life cycle. Read more

Want to be more circular? The legal risks of implementing circular economy business model innovations

The transition towards a circular economy is central to global sustainability objectives. National governments are also increasingly looking to regulate production processes in order to encourage the private sector to design out waste within their value chains. While related policy objectives and regulatory developments are abundant, the legal implications of this fundamental shift within production and consumption processes have faced little scrutiny to date. Our article, published in the August 2021 edition of PLC Magazine, sets out key legal considerations for businesses in the private sector that are engaged in the journey towards circularity, including the legal risks and consequences associated with the adoption of circular business models (including IP, know-how, collaboration, competition, supply chain and contractual risks). Read more

“Why cannot our own creations also create?”: AI systems can be patent inventors in Australia

An artificial intelligence system is capable of being named as an “inventor” of patentable subject matter, according to the Federal Court’s recent decision in Thaler v Commissioner of Patents.[1] Subject to any appeal, this decision has salient implications for the ways in which inventorship, ownership, and inventiveness might be assessed in Australia in the future. … Read more

The Unwired Planet case – a year on

Last year the UK Supreme Court upheld Mr Justice Birss’ now famous decision in the Unwired Planet case. The Supreme Court’s decision has cemented the UK’s position as a key jurisdiction for FRAND disputes to be decided and opened the door for many more such cases to be heard in the UK. In an article … Read more