IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] The Guidance strives to ensure balance between protecting and incentivizing AI-assisted inventions and not hindering future human innovation, as “the patent system is designed to encourage human ingenuity.” [2]

Invention 52

Invention Inventor Patent Application Designs 52

LexBlog IP

FEBRUARY 7, 2022

Indivior’s patent issued in 2017 from the fifth continuation in a series of applications (including four abandoned applications) dating back to a first continuation filed in 2013, and to an earlier application filed in 2009, which published in 2011. wt % to about 58.6 wt %” of the matrix (dependent claim 8). ” Id.

Invention 52

Invention Art Inventor Publishing 52

Intellectual Property Law Blog

OCTOBER 6, 2023

. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g). Background In 2011, Congress passed the AIA, which transformed the U.S.

Invention 162

Invention Patent Application Inventor Government 162

SpicyIP

AUGUST 13, 2024

The DHC, in this judgement, continued with its restrictive interpretation of 3(k), narrowing the scope of inventions which are excluded u/s. Facts & Arguments The appeal was against the rejection of divisional applications 6500/DELNP/2011 and 6501/DELNP/2011, which were titled “ A method for processing data and system thereof.”

Invention 96

Invention Patent Public Domain Licensing 96

IP Watchdog

JULY 28, 2022

He also served for six years as Chief Counsel to Senator Barbara Boxer and was known as “a respected authority on 2011’s America Invents Act,” according to the USPTO’s release. He consulted for Cut Golf, an early-stage golf equipment and apparel company.

Invention 131

Invention IP Trademark Patent 131

Patently-O

MAY 19, 2022

a) the invention was … patented or described in a printed publication … before the invention thereof by the applicant for patent, or. (b) b) the invention was patented or described in a printed publication … more than one year prior to the date of the application for patent in the United States, or.

Invention 56

Invention Inventor Art Patent 56

JD Supra Law

DECEMBER 11, 2023

Congress introduced post grant review (“PGR”) and inter partes review (“IPR”) in 2011 as part of the America Invents Act (AIA). Collegium Pharmaceutical, Inc., By: Proskauer - Minding Your Business

Invention 63

Invention Business Patent 63

IP Watchdog

APRIL 5, 2022

The ruling is the latest chapter in a series of challenges to VLSI’s patent claims, which has forced VLSI to run a gauntlet arguably demonstrating that the PTAB fails to function as the alternative forum for speedy validity resolutions originally envisioned by Congress when it passed the America Invents Act (AIA) into law back in 2011.

Invention 116

Invention Patent Trademark Law 116

Patently-O

SEPTEMBER 15, 2021

The America Invents Act (AIA), which passed on September 16, 2011, brought about some of the most significant changes to our patent system in over 50 years. Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017).

Invention 131

Invention Intellectual Property Inventor Intellectual Property Law 131

Patently-O

OCTOBER 4, 2021

As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Stoll, Maintaining Post-Grant Review Estoppel in the America Invents Act: A Call for Legislative Restraint , 2012 Patently-O Patent Law Journal 1 ( Stoll.2012.estoppel.pdf

Art 126

Art Journalism Patent Law Invention 126

IP Watchdog

JULY 17, 2023

In reversing, the Federal Circuit found that the PTAB erroneously subjected SNIPR’s patents to interference proceedings that Congress meant to eliminate when it enacted the America Invents Act (AIA) of 2011.

Patent 52

Patent Invention Technology Litigation 52

Patently-O

MARCH 21, 2023

We are are now at a point where it is easy to see an AI tool creating inventive output. And, even if recognition of the invention is fundamental to the inventing process, the AI tools certainly provide sufficient contribution to be considered for joint inventorship. who invented or discovered the subject matter of the invention.”

Inventor 122

Inventor Invention Patent Art 122

LexBlog IP

AUGUST 2, 2022

Following a peak in 2015, inter partes decisions have been falling, while ex parte decisions have been generally on the rise since 2011. Almost all of these have related to computer-implemented inventions. Historically, the overwhelming majority of decisions have related to inter partes proceedings, such as patent oppositions.

Invention 52

Invention Patent Publishing Law 52

JD Supra Law

SEPTEMBER 11, 2023

Introduction - The Leahy-Smith America Invents Act (“AIA”) was years in the making.

Invention 66

Invention Law Patent 66

IP Law 360

OCTOBER 12, 2023

Federal Circuit Judge Pauline Newman said Wednesday at a reception held in her honor that it's time to reevaluate the America Invents Act, the landmark 2011 law that created new procedures for filing and challenging patents.

Invention 40

Invention Law Patent 40

Patently-O

SEPTEMBER 20, 2022

Vidal offers potential for future development on the law of invention and inventorship. . In my view, it is unquestionable that AI regularly contribute to inventive concepts so substantially as to be named joint-inventors alongside their human counterparts, if it were permitted. 100(f)/(g) (2011). by Dennis Crouch. 35 U.S.C. §

Inventor 81

Inventor Invention Patent Law Patent 81

JD Supra Law

JULY 7, 2023

In 2011, Congress passed the America Invents Act, which established, among other things, a process by which a party could petition the Patent Trial and Appeal Board (PTAB) to review the validity of a challenged patent based on prior art publications.

Patent 52

Patent Invention Art 52

IP Watchdog

SEPTEMBER 19, 2021

Now that the 10th anniversary of the America Invents Act (AIA) has passed, we can look back not only at the past decade, but also the reactions of various interested parties and how they responded to that anniversary. patent laws enacted on September 11, 2011; one relating to the U.S. There were two revolutionary amendments to U.S.

Invention 72

Invention Patent Art Patent Law 72

Patently-O

SEPTEMBER 9, 2022

The invention is a software method that allows customers to purchase assets from multiple vendors. In his 2011 post-Bilski article, Prof Risch wrote some about the overlap between utility and eligiblity and suggested merger of the two doctrines. In re Smith , 22-1301 (Fed. Sept 9, 2022) (nonprecedential). . Risch’s suggestions.

Invention 80

Invention Patent IP Law 80

Patently-O

OCTOBER 4, 2021

As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Stoll, Maintaining Post-Grant Review Estoppel in the America Invents Act: A Call for Legislative Restraint , 2012 Patently-O Patent Law Journal 1 ( Stoll.2012.estoppel.pdf

Journalism 105

Journalism Art Patent Law Invention 105

SpicyIP

JANUARY 11, 2022

Section 3(b) provides that “an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment” will not be considered an invention for the purposes of the Patents Act.

Invention 117

Invention Patent Art Patent Application 117

The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? In 2011, Hormel filed a patent application for the two-step process, omitting HIP’s involvement. To be a joint inventor, “a person must make a significant contribution to the invention as claimed. The court in Pannu v.

Inventor 110

Inventor Invention Art Patent 110

SpicyIP

JULY 22, 2024

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 89

Invention Patent Patent Application Government 89

Patently-O

SEPTEMBER 15, 2021

Sept 16, 2021 is the 10 year anniversary of enactment of the Leahy-Smith America Invents Act of 2011. I’ve got a quick anonymous survey below (5 minutes) on the impact. Link to Survey : [link]. Or complete the survey below:

Invention 56

Invention Patent 56

Patently-O

DECEMBER 12, 2022

The America Invents Act became law in September 2011, but the first-to-invent provisions only took effect for patent applications filed after March 16, 2013. by Dennis Crouch.

Patent Application 114

Patent Application Publishing Invention Patent 114

IP Law 360

MAY 17, 2023

Patent and Trademark Office to stop preventing a Patent Trial and Appeal Board judge from hearing patent challenges after he blew the whistle on the office's practice of "stacking" panels — which has since been abandoned, with some attorneys saying the decision highlights the agency's long-standing issues with transparency since the passage of the (..)

Invention 40

Invention Trademark Patent Law 40

Patently-O

MARCH 11, 2022

DABUS created two separate inventions — a “Neural Flame” and “Fractal Container.” Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind. Thaler created an AI system that he calls DABUS.

Inventor 127

Inventor Patent Law Law Patent 127

Patently-O

APRIL 28, 2022

In particular, the original specification must show ‘possession’ of the newly claimed invention. 132(a) (“No amendment shall introduce new matter into the disclosure of the invention.”). 282 (as amended by AIA 2011). During prosecution, this is also captured under 35 U.S.C.

Inventor 105

Inventor Invention Art Litigation 105

LexBlog IP

MARCH 18, 2022

Both parties filed motions for judgment based on priority, arguing for dates of conception and reduction to practice of the invention of Count 1 earlier than their accorded benefit dates. Second, the PTAB was also not persuaded by CVC’s assertion that CVC inventors, Drs. ’” Id. citation omitted). ” Id. ” Id.

Inventor 52

Inventor Invention Editing Patent 52

Patently-O

JUNE 28, 2022

When the Patent Act of 1790 refers to inventors, it lists gender inclusive forms of “he, she, or they:” [The inventor(s) must] set[] forth, that he, she, or they , hath or have invented or discovered any useful art, manufacture, engine, machine, or device, or any improvement therein… Patent Act of 1790. 881 (2011).

Patent Law 134

Patent Law Law Inventor Patent 134

Patently-O

SEPTEMBER 16, 2021

A large part of the transformation stemmed from the Leahy-Smith America Invents Act of 2011 that was enacted ten years ago in September 2011. This included eliminating the date of invention as relevant to patentability and narrowing the pre-filing grace period. by Dennis Crouch.

Invention 81

Invention Reporting Patent Art 81

Patently-O

FEBRUARY 16, 2023

Minerva’s ‘208 patent claims a device for endometrial ablation and includes a 2011 priority filing date. The application was filed in 2011, but back in 2009 Minerva had been doing testing on a prototype “Aurora device” that included inner/outer frames made of two different types of steel. 3d 1243 (Fed.

Public Use 69

Public Use Invention Patent Business 69

Patently-O

JULY 18, 2024

The court found the claim language itself shows the invention’s focus served the human-organizing purpose of “assist[ing] an investigator in conducting a background investigation,” and the individual claim steps were all focused on information handling at a technically generic level. .” Covalent, Inc. ,

Patent 64

Patent Invention Technology Inventor 64

Patently-O

JANUARY 10, 2023

Stoll, Maintaining Post-Grant Review Estoppel in the America Invents Act: A Call for Legislative Restraint , 2012 Patently-O Patent Law Journal 1 ( Stoll.2012.estoppel.pdf Paul Morgan, The Ambiguity in Section 102(a)(1) of the Leahy-Smith America Invents Act , 2011 Patently-O Patent Law Journal 29. ( Morgan.2011.AIAAmbiguities

Journalism 56

Journalism Trademark Patent Patent Law 56

IP Law 360

SEPTEMBER 15, 2021

The America Invents Act had a lengthy path through Congress before it was signed into law in September 2011, and it has spurred numerous court fights and regulatory changes in the decade since.

Invention 40

Invention Patent Law Law Patent 40

LexBlog IP

JUNE 14, 2023

when] measured against dimension of the full invention,” the panel in Blue Gentian, LLC v. As made clear in the appellate opinion, a single meeting in August 2011 was central to the district court’s inventorship holding and the basis for Blue Gentian’s appeal. Tristar Products, Inc. (21-2136)

Inventor 52

Inventor Invention Designs Design 52

LexBlog IP

OCTOBER 6, 2023

. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g). Background In 2011, Congress passed the AIA, which transformed the U.S.

Invention 52

Invention Patent Application Inventor Government 52