The metaverse and related technologies like virtual goods, non-fungible tokens (NFTs) and blockchain, represent a fundamental shift in how we interact with the internet, as the distinction between our activity online and in real life begins to blur. These emerging technologies present enormous opportunities for businesses, but bring with them a number of difficult legal challenges.Read More
The European Patent Office (EPO) and the International Energy Agency (IEA) recently published a joint report summarizing innovation and patent trends within the hydrogen economy.1 The report is based on global patent activity since 20012 and is intended to help governments and businesses understand which parts of the hydrogen value chain appear to be making progress and which parts may be lagging behind.3 The report dives deep into specific technologies, lists the most active applicants in select technologies, and attempts to identify the impact of different governmental programs in specific sectors, with a goal of trying to help focus future innovation efforts.Read More
NFTs have gone mainstream. But what are NFTs? Should your business develop its own NFT? How are they regulated? In The NFT Collection series of alerts, we will delve into these questions to help your business understand this new technology.Read More
In July 2021, Australia was thrust into the spotlight as a favourable country to patent AI-created inventions as a result of the Australian Federal Court’s decision in Thaler v Commissioner of Patents  FCA 879 – see our previous coverage here.
At first instance, the Court construed “inventor” as including “a person or thing that invents”.1 The decision was an appeal from a Patent Office hearing where the Office rejected a patent application in the name of Stephen L. Thaler as the creator of the “inventor”, AI system (Device for the Autonomous Bootstrapping of Unified Sentience (DABUS)). As DABUS had autonomously generated the invention, for the purposes of the patent application Dr Thaler derived title to the invention from DABUS.Read More
The vexed issue of ‘patent eligibility’ for computer implemented inventions has raised its head again in Australia, this time in the Full Court of the Australian Federal Court decision of Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd  FCAFC 202. The decision expands upon principles for assessing the eligibility of computer-implemented technology, but the line between assessing eligibility and other aspects of patentability remains blurred.Read More
On Friday 29 October, the UK’s Intellectual Property Office (the “UKIPO”) launched a consultation entitled “Artificial Intelligence and IP: copyright and patents” (see here), which closes 11:45pm on 7 January 2022 (London time). The consultation forms part of the UK government’s ‘National Artificial Intelligence (AI) Strategy’ (the “Strategy”), which followed the government’s 2017 Industrial Strategy publication.
The aim of the consultation is to determine the right incentives for Artificial Intelligence (“AI”) development and innovation, while continuing to promote human creativity and innovation.Read More
The UK Advertising Standards Agency (ASA) has found that an influencer’s Instagram reel and story breached the advertising regulations. All advertising made by influencers must make it clear that it is an advert, otherwise brands, even if they have no control, will be held jointly responsible.Read More
The Australian Federal Court recently handed down its first-instance judgement in Thaler v Commissioner of Patents  FCA 879 where the central issue considered was whether an artificial intelligence (AI) system could be an ‘inventor’ for the purposes of the Australian Patents Act 1990 (Act) and its corresponding regulations. The Court found that an AI system can be an inventor – where ‘inventor’ may be construed broadly to include a ‘person or thing that invents’1. This decision puts Australia in the spotlight as a favourable country to patent AI-created inventions – for now. Given the subject-matter and controversy generated by this decision, an appeal to the Full Federal Court is almost certain.Read More