Back by popular demand, the speakers and moderators of LexisNexis Canada’s previous webinar on whether generative AI can be named as an inventor in patent applications return to continue the discussion.
This follow-up webinar will continue to examine the issue through the lens of the global multi-jurisdiction Thaler DABUS litigation, with a focus on Thaler’s pending appeal of the Canadian Patent Appeal Board decision, and discuss the impact of generative AI on patent practice and litigation generally.
Join speakers Joseph Murphy and Mark Davis, in a discussion moderated by Lorraine Fleck and Marcelo Sarkis, regarding the use of generative AI in the preparation of patent applications and its impact on patent litigation. The session will also consider how generative AI may shift the standards of obviousness or otherwise impact validity analysis, and provide updates on computer implemented inventions.
Speakers:
Mark Davis (Partner, Cassels Brock & Blackwell LLP)
Joseph F. Murphy, Ph.D., (Partner, Potomac Law Group)
Moderators:
Lorraine M. Fleck (LexisNexis Author, Editor and Principal, Trademark Agent, Fleck Innovation Law)
Marcelo König Sarkis, P. Eng. (Principal, Patent Agent at Prima IP)
Key Learning Objectives:
• To provide an update on the current landscape regarding the Thaler DABUS litigation concerning naming AI as an inventor in patent applications.
• To learn about important factors when AI is involved in the invention and patent prosecution process, including the impact on patent validity.
• To deliver an update on recent legal developments concerning computer implemented inventions and patentable subject matter.
• To participate in a Question & Answer period with the opportunity to ask live questions.
Agenda:
1:00 – 1:05: Introduction and Overview
1:05 – 1:50: Panel Discussion
1:50 – 2:00: Q&A and Conclusion
CPD Credits (1 hour):
• For Ontario, 1 hour can be applied towards the 9 Substantive Hours of Continuing Professional Development as required by the Law Society of Ontario.
• For other provinces, consider including this 1 hour course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society.
About the Speakers & Moderators:
Mark Davis (he/him/his) is a partner in the Intellectual Property Group at Cassels Brock and Blackwell LLP. An accomplished intellectual property litigator, he is certified as a Specialist in Intellectual Property (Patents / Trademarks / Copyright) by the Law Society of Ontario. Mark offers significant experience in patent and trademark litigation, including in proceedings involving pharmaceutical and biologic products under the Patented Medicines (Notice of Compliance) Regulations, as well as in anti-counterfeiting, trade secret and breach of confidence, copyright and industrial design disputes. Mark has successfully argued numerous precedent-setting intellectual property cases at trial and on appeal.
Joseph F. Murphy, Ph.D. is a Partner in the Intellectual Property group of Potomac Law. A registered Patent Attorney, Dr. Murphy has over 20 years of experience practicing in all aspects of patent prosecution, including patent reissue and re-examination proceedings. Dr. Murphy’s practice also includes international patent prosecution, as well as opinion work, including validity, invalidity, infringement, and freedom to operate opinions, and preparation of Paragraph IV Notice Letters for ANDA filings. He is experienced in diversified technologies, especially in the biotechnological, chemical, and pharmaceutical arts.
Marcelo König Sarkis, P. Eng. is a registered patent agent in both Canada and the United States, and the founder of Prima IP. He is also a registered service provider with key innovation funding programs, including IPON (Ontario), Elevate IP (federal), and Accelerate IP (serving startups in British Columbia, Yukon, Northwest Territories, and Nunavut). With over 30 years of experience – including involvement in landmark pharmaceutical patent litigation – Marcelo advises startups, SMEs, and multinational corporations on the protection, management, and enforcement of their intellectual assets. His expertise spans diverse industries such as mining, automotive (including electric vehicles), pharmaceuticals, and medical devices. As a licensed professional engineer in Ontario, Marcelo is widely regarded for his ability to align deep technical knowledge with strategic intellectual property planning, both in Canada and internationally through his extensive professional network.
Lorraine M. Fleck is the General Editor of LexisNexis Canada’s Internet and Technology in Canada newsletter. As an Ontario licensed lawyer and Canadian registered trademark agent, she advises businesses on advertising and marketing, artificial intelligence (AI) risk management and information technology, intellectual property, privacy, and adjacent regulatory matters impacting brand and corporate reputation on a domestic and international scale. Having over 20 years experience in intellectual property and technology law, Lorraine also helps companies protect their brands – including in litigation – and negotiate tech-related agreements. A frequent speaker and published author, Lorraine is known for translating complex legal issues into practical strategies using a commercially and reputation sensitive approach. Her peers have recommended her to Best Lawyers® in Canada in the areas of advertising and marketing, intellectual property, information technology, and technology Law.