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]

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LexBlog IP

NOVEMBER 9, 2023

” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. Also, Howard was not named as an inventor. The court in Pannu v.

Inventor 52

Inventor Invention Art Patent 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.

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Invention Patent Application Inventor Government 162

LexBlog IP

MARCH 18, 2022

The inventors listed on Broad’s patent are Feng Zhang, Ph.D., and the inventors listed on the CVC application are Jennifer Doudna, Ph.D., 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.

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Patently-O

APRIL 8, 2024

By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. 103 as part of the Patent Act of 1952, it nonetheless applied a similar requirement for “invention.” 101, all under the general rubric of the “invention” requirement.

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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.

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Invention Inventor Art Patent 56

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. The transition to a first inventor to file system was needed to harmonize the U.S. She spent a decade at Google leading their patent team. . with the rest of the world.

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Invention Intellectual Property Inventor Intellectual Property Law 131

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.

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Inventor Invention Patent Law Patent 81

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.

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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.

Patent Law 134

Patent Law Law Inventor Patent 134

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.

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LexBlog IP

JUNE 14, 2023

Hormel Foods Corporation (22-1696) where the appellate panel found the purported inventor’s contribution to be “insignificant in quality. when] measured against dimension of the full invention,” the panel in Blue Gentian, LLC v. The district court agreed that Ragner should be added as an inventor. Patent Nos.

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Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? They disclose useful technical information that can give readers a “stimulus” to perfect the invention and figure out how to make it work. Gernsback was also an inventor and serious scientific thinker in his own right. The answer is usually no, and for good reason.

Patent Law 96

Patent Law Law Inventor Patent 96

The IPKat

DECEMBER 31, 2021

The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent filing. If the inventor has disclosed their invention during the grace period, then further disclosures by third parties also don't constitute prior art ( AIA 35 U.S.C.

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Patently-O

MARCH 7, 2024

Celanese began selling the product on the competitive market in 2011, and eventually decided to file for patent protection on its manufacturing process in 2015. Those cases held that an inventor forfeits their right to patent a process by selling products made by that process for several years while keeping the process secret.

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IP.com

JANUARY 29, 2024

With a steady increase in patent submission rate and added strain on the patent review and approval system, the USPTO has announced plans to launch a new pre-application review program called the “Pre-Prosecution Pilot” as part of its continuing commitment to expand access to the innovation ecosystem and support under resourced inventors.

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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.

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Invention Patent Art Patent Law 72

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

Larson & Larson

NOVEMBER 12, 2024

Track One Patent Applications: Accelerating Your Path to Patent Protection After nearly 15 years of shepherding inventors through the patent process, I’ve seen firsthand how crucial timing can be in protecting intellectual property. What is Track One?

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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. ,

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Patently-O

MARCH 18, 2024

The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. The district court agreed, finding their contributions were significant to the conception of the claimed invention. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed.

Patent 59

Patent Inventor Patent Infringement Designs 59

Patently-O

OCTOBER 6, 2021

2011 priority filing date). Here, the court found that the claimed steps were (1) developed by the inventors; (2) not admitted prior art; and (3) yield advantages over the described prior art. This is another case that serves as a data-point, but I struggle to differentiate it from similar cases finding claims ineligible.

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TraskBritt Intellectual Property

MAY 27, 2021

A provisional patent application allows a patent applicant to reserve priority in an invention before committing to the full utility patent application process. If an inventor has already done the legwork to determine that the invention is worthwhile, filing a provisional patent application may be an extra and unnecessary cost.

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LexBlog IP

FEBRUARY 22, 2024

Similar to other jurisdictions, a patent in Canada is granted for one invention only. Accordingly, in instances where multiple inventions are claimed in a single application, it may be necessary to parse out the inventions and protect them by filing divisional applications. ” [iii] In contrast, in Biogen Canada Inc. ,

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LexBlog IP

MARCH 23, 2022

Are you a small business or an individual inventor filing for a patent in the U.S.? Micro entity status is a newer status, introduced under the America Invents Act Leahy-Smith America Invents Act (“AIA”) in 2011 as an effort to reduce the cost of patenting for small businesses and individual inventors.

Higher Education 52

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Patently-O

NOVEMBER 28, 2023

RapidPulse decision in that provides important guidance on the use of a provisional patent application’s filing date for 102(a)(2) prior art under the America Invents Act. 102(a)(2) is a bit clunky, but its effect is to codify the first-to-file regime created by the America Invents Act of 2011. Penumbra, Inc.

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IPilogue

JULY 9, 2021

I am working on the revised 3rd edition of my book on Intellectual Property Law (Irwin Law 2011, 2nd edition) , and with Professor Pina D’Agostino as co-author on the revision of the 2nd edition on Copyright Law (Irwin Law 2000). Some understanding of these rules, and where they differ between countries, is therefore desirable.

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LexBlog IP

AUGUST 19, 2021

The underlying problem is that industrial titans are taking advantage of the politically influenceable IPR process to remove the patent protections of another’s inventions in order to eliminate technological competition. million for a medium-sized case. This certainly begs the question of who the actual “patent trolls” are.

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Patent Troll Inventor Patent Invention 52

Larson & Larson

JUNE 1, 2021

The 2011 America Invents Act changed the appeals process a lot. This is the ‘new’ appeals board that the 2011 act put in place of the Board of Patent Appeals and Interferences. Of course, they also might reject your claim because the application was done incorrectly. The Appeals Process.

Patent 52

Patent Public Domain Inventor Invention 52

The IPKat

DECEMBER 7, 2021

If a patent isn't granted after the first application, inventors can just keep filing continuations and motions for reconsideration. For example, the 2011 America Invents Act created faster, cheaper ways to show that a low-quality patent was invalid and empowered the PTO to implement new safeguards to improve patent quality.

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Patently-O

NOVEMBER 11, 2022

While Death clearly raises some valid concerns regarding the challenges inventors face in trying to secure effective patent scope for inventions of this type, in my view it is an overstatement to say that chemical genus claims are “dead.” More pertinent to the facts of Amgen v. Abbott Laboratories , 636 F.3d 3d 1341(Fed.

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LexBlog IP

JUNE 15, 2022

1, it, he made inventive contributions and started the inventive process. One need only look at a recent Australian case also involving Thaler , where he was trying to establish an AI program as an inventor entitled to recognition under the patent laws. ” Feist Publications, Inc. Vidal , Case No.

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IP and Legal Filings

JANUARY 10, 2023

The world is witnessing multiple new inventions every passing minute and a boom in popularity of the Metaverse. The leaders of the tech world have claimed that metaverse is not merely the next invention or part of the future rather it is the future itself. In another case of TATA Sons V.

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Patentably Defined

JUNE 7, 2012

This person of ordinary skill is a hypothetical construct – an ordinarily skilled artisan who is presumed to possess ordinary creativity and to be aware of all prior art in his field of endeavor, as well as prior art that is relevant to the problem addressed by the claimed invention. 2011); In re Bigio , 381 F.3d In re Bigio , 381 F.3d

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IIPRD

APRIL 28, 2023

While the goal of IPR law is to preserve inventors’ rights over their creations, the goal of competition law is to maintain effective market competition by prohibiting anti-competitive acts and the misuse of dominant positions. IPR law’s goal has been changed from defending individual inventors to promoting new ideas. [2]

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 10, 2021

Defendants Hewlett-Packard Company and Hewlett Packard Enterprise Company (collectively, “HP”) were sued in 2011 for infringement of U.S. Hewlett-Packard Co. Case 6:13-cv-00072, 2021 WL 1941693, at *4 (E.D. May 7, 2021) (Schroeder, J.). Plaintiff Network-1 Technologies, Inc. tried its infringement claims against HP in November 2017.

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Intepat

NOVEMBER 2, 2023

The extensive spectrum of discussions included diverse facets, from intellectual property filings to inventions, and ventured into the complex realms of legality, ethics, and geopolitics. The number of patent submissions from India has witnessed substantial growth, more than doubling between 2011 and 2021.

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Intellectual Property IP Higher Education Technology 52