article thumbnail

Celebrating (?) the America Invents Act: Ten Years On, Many IP Stakeholders Say it’s Time for a Second Look

IP Watchdog

During IPWatchdog LIVE 2021 in Dallas, Texas, I asked a handful of willing attendees for their thoughts on the impact of the America Invents Act (AIA) in anticipation of today, the ten-year anniversary of the day President Barack Obama signed the AIA into law. innovation.

Invention 124
article thumbnail

Impact of AI on Global IP Systems

IIPRD

AI and the Global IP System We need a worldwide intellectual property (IP) structure that encourages innovation and invention if we are to benefit from generative AI. Specifically, artificial intelligence (AI) technologies have opened up new avenues for invention that only minimally entail human intervention.

IP 98
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Understanding IPO’s Rejection of UPL’s Patent Application for Mancozeb and Ortho Silicic Acid Combination in Light of the Patent Bargain and Sufficiency of Disclosure

SpicyIP

The essence of the patent regime lies in, the ‘patent bargain’ – inventors are granted a monopoly over their invention for a fixed term of 20 years in exchange for a complete disclosure. Under Section 10(4), an applicant is supposed to disclose the best method of performing the invention in the complete specification.

article thumbnail

The relevance of G 2/21 to machine learning inventions (T 2803/18)

The IPKat

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

article thumbnail

Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination?

SpicyIP

This post attempts to critically analyse the relevance of difference in the purported function of the invention and prior art to determine non-obviousness in identifying the inventive step. ” The invention aimed to simplify the communication of sensor data to applications by converting raw sensor data into lightweight messages.

Invention 111
article thumbnail

Generic Industry Skepticism Irrelevant to Non-Obviousness

Patently-O

398 (2007). Based upon this evidence, the PTAB concluded that a person of skill in the art would not have been motivated to combine the references in order to arrive at the claimed invention. I suggest the Auris Health majority departs from KSR by again drawing sharp lines rather than allowing for a functional, flexible analysis.

Art 126
article thumbnail

Gone Up In Smoke: Analysing the Controller’s Rejection of an E-cigarette Patent under Section 3(b)

SpicyIP

The rejection had been based on the invention being “contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment” under Section 3(b) of the Indian Patent Act, 1970. Understanding Why the Patent Application Went Up in Flames The patent application (no. Mitra And Co.

Invention 110