In a significant ruling delivered on September 27, 2024, the Hamburg Regional Court (LG Hamburg) in Germany addressed the growing tension between copyright law and the use of copyrighted materials for training artificial intelligence (AI) models. The case highlights the complexities of copyright when images are used for AI training...
Improving reinforcement learning alone is not inventive
The European Patent Office's Board of Appeal highlighted in case T1952/21 that claiming an improvement in reinforced learning alone is not sufficient to justify the grant of a patent. The patent application was directed to a machine learning system using reinforcement learning. The description explains that, in reinforcement learning, an...
Transition Timetable for the European AI Act
The European AI Act (Regulation (EU) 2024/1689) was published in the EU’s Official Journal on 12 July 2024 and entered into force on 1 August 2024. The timetable for the phased transition of the Act can now be determined: 1 August 2024: The AI Act enters into force (20 days...
Quantum Algorithms – Disclosing the Circuit
In a recent decision, the US Patent Trial and Appeal Board (PTAB) affirmed the rejection of a patent application filed by IBM entitled "Constant Folding for Compilation of Quantum Algorithms." This case offers valuable insights into the complexities of patenting innovations in the rapidly evolving field of quantum computing. The...
Romania Joins the European Unified Patent System
Before September 1, 2024, any Unitary Patent (UP) registration will cover the existing 17 UPC Member States, excluding Romania. After September 1, 2024, new Unitary Patent registrations will cover the territory of 18 Member States, including Romania (the second UP generation) Romania has ratified the Agreement on a Unified Patent...
Intellectual property and the European Football Championships
In 2024, a European Football Championship will be held in Germany for the first time in 36 years. Around such an event, there is likely to be a substantial number of infringements of intellectual property rights. First and foremost, trademark protection will play an extremely important role. The Union of...
Geistiges Eigentum und die Fußballeuropameisterschaft
2024 wird zum ersten Mal seit 36 Jahren wieder eine Fußballeuropameisterschaft in Deutschland ausgetragen. Im zeitlichen und örtlichen Zusammenhang eines solchen Events kommt es vermehrt zu Verletzungen von gewerblichen Schutzrechten. Vordergründig spielt hierbei der Markenschutz eine extrem wichtige Rolle. So hat etwa die UEFA zahlreiche Marken im Zusammenhang mit der...
European Parliament approves AI Act
On 13 March 2024, the European Parliament approved the EU's Artificial Intelligence (AI) Act. The text was agreed in negotiations with EU member states in December 2023 and has now been endorsed by members of the European Parliament. The new law aims to protect fundamental rights, democracy, the rule of law and...
Kilian Müller joins INTA’s ADR Committee
We are proud to announce that our colleague Kilian Müller has become a member of the International Trademark Association’s Alternative Dispute Resolution (ADR) Committee, serving for a two-year term as of 2024. The ADR Committee develops programming and resources on arbitration, mediation, online dispute resolution, and other methods of dispute...
US Patent Office – Guidance for AI Inventions
The US Patent and Trademark Office has issued a document to provide detailed guidance on inventorship in the context of AI-assisted inventions. The guidance clearly states that inventions created with the assistance of artificial intelligence (AI) are not categorically unpatentable, but the document emphasizes that even if AI plays a...