Kavitha Gupta's blog

Patent Law Doesn’t Need To Recognize AI Inventors by  Hodan Omaar   June 25, 2020 AI-generated inventions do not exist, at least not in the eyes of the law. Earlier this year, the U.S. Patent and Trademark Office (USPTO) rightly  rejected two patent applications that named an AI system as inventor  making clear its position to limit inventorship only to human beings, even when it is an AI system that is functionally inventing.   The AI inventor at the heart of this case is DABUS, an AI system that mimics the neural patterns of the human mind to independently combine basic concepts into a complex idea that it can self-identify as original. Stephen Thaler, who created DABUS, listed the AI system as the inventor of two ideas; interlocking food containers that are easy for robots to grasp and a warning light that flashes in a rhythm that is hard to ignore.  Thaler argues that the law should recognize DABUS, rather than him, as the inventor of...

Every breach not justifiable merely on invocation of COVID-19 as a force majeure Lakshmikumaran & Sridhara India   June 15 2020 The Delhi High Court has recently held that every breach or non-performance cannot be justified or excused merely on the invocation of COVID-19 as a  force majeure  condition. The High Court was of the view that it would have to assess the conduct of the parties prior to the outbreak, the deadlines that were imposed in the contract, the steps that were to be taken, the various compliances that were required to be made and only then assess as to whether, genuinely, a party was prevented or is able to justify its non-performance due to the pandemic. Observing that the parties ought to be compelled to adhere to contractual terms and conditions and excusing non-performance would be only in exceptional situations, the Court in the case of  Halliburton Offshore Services v. Vedanta Limited  reiterated that a  force ...

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