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 – Apper Amicus (Against Patenting by AI).

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Patently-O

MARCH 28, 2025

patent law over the past several decades, the America Invents Act of 2011 was clearly the most dramatic rewriting of the law since 1952. The fundamental change to Section 102 was the transition from first-to-invent to first-to-file. 102(a)(1) now reads: A person shall be entitled to a patent unless. (a)(1)

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Invention Public Use Patent Law Patent 40

IP Watchdog

JULY 28, 2022

Patent and Trademark Office (USPTO) announced today that Derrick Brent will serve as the Office’s next Deputy Director. 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.

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Invention IP Trademark Patent 131

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. 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? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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Art Journalism Patent Law Invention 126

IPilogue

JANUARY 10, 2022

Part 1: The Four Pillars of Patentability. Part 2: A Beginner’s Guide to Patenting Software and Artificial Intelligence. Patenting software, and inventions related to Artificial Intelligence (AI) and machine learning, known as computer-implemented inventions (CII) in patent lingo, is a complicated and evolving area.

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Invention Patent Intellectual Property IP 104

IP Watchdog

APRIL 5, 2022

Patent and Trademark Office's (USPTO's) Patent Trial and Appeal Board (PTAB) denied petitioner OpenSky Industries’ request for rehearing of an earlier decision denying institution of inter partes review (IPR) of one of two VLSI patents supporting a massive $2.2 On March 28, the U.S. billion infringement damages verdict in U.S.

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Invention Patent Trademark Law 116

The IPKat

FEBRUARY 22, 2025

The case highlights some interesting aspects of pharma IP strategy, particularly as related to manufacturing IP and whether this is best protected with patents or trade secrets. However, manufacturing patents bring with them a number of risks and potential pitfalls.

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The IPKat

DECEMBER 31, 2021

The EPO has launched a user consultation on grace periods for patents, the results of which will be published in early 2022 ( EPO press release ). 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. 102(b)(1)(A) ).

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Patent Inventor Patent Application Art 132

Patently-O

JUNE 28, 2022

The following year, Congress passed the first patent act that was then signed-into law by President George Washington. Swanson, Making Patents: Patent Administration, 1790-1860 , 71 Case W. That said, patenting by women was at an extremely low level. patent system. See, Kara W.

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Patent Law Law Inventor Patent 103

Patently-O

OCTOBER 6, 2021

Patentee wins this one–with the Federal Circuit reversing the district court and finding the claims on patent-eligibility under Alice step-two. 2011 priority filing date). This is another case that serves as a data-point, but I struggle to differentiate it from similar cases finding claims ineligible. CosmoKey’s U.S. step two.

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Patent Invention Art Inventor 122

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. Here’s what you need to know about this accelerated pathway to patent protection.

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Patent Application Patent Marketing Marketing 40

SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” Understanding Why the Patent Application Went Up in Flames The patent application (no. They also cited cases like Technograph v.

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Invention Patent Patent Application Government 110

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.”

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Invention Patent Public Domain Technology 110

Patently-O

JULY 13, 2023

by Dennis Crouch If you break it down far enough, every invention is simply a combination of known materials or steps. In Axonics, the court ruled that the obviousness analysis must focus on the motivation to combine references to reach the claimed invention, not motivation to combine for some other purpose described in the prior art.

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Invention Art Patent Patent Law 75

Patently-O

MARCH 21, 2023

Vidal ask the Supreme Court one simple question: Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone? We are are now at a point where it is easy to see an AI tool creating inventive output. who invented or discovered the subject matter of the invention.”

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Inventor Invention Patent Art 122

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. 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? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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Journalism Art Patent Law Invention 105

SpicyIP

MARCH 4, 2025

The Controller of Patents & Designs ( pdf ). The case involved an appeal against the order dated March 13, 2023, which had dismissed Patent Application No. But how the court has undertaken the analysis and upheld the Controllers order for rejection of the patent is rather interesting. Whats so Interesting about this Case?

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Invention Patent Application Patent Intellectual Property 52

The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject? Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

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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. The case involved a patent infringement suit over an improved vacuum tube used in radio communications. Background The patent at issue, U.S. General Electric Co. , 571 (1931).

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Invention Art Patent Television 64

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.

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Invention Patent Art Patent Law 72

SpicyIP

OCTOBER 1, 2024

The Indian Patent Office (IPO) is set to hear objections against Gilead Sciences’ patent claims for Lenacapavir, an HIV drug. This situation highlights the ongoing struggle between patent protections and access to essential medicines. The looming threat is the pending patent applications by Gilead in India.

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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. We apply pre-AIA status so long as every claim within the chain-of-priority has an effective filing date prior to the March 2013 date. AIA § 3(n).

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Patent Application Publishing Invention Patent 114

JD Supra Law

DECEMBER 17, 2024

The United States Patent and Trademark Office (USPTO) announced the finalized patent fee increases which will be taking effect on January 19, 2025. percent in fee collections from the current fees and are setting or adjusting 433 patent fees including 52 new patent fees that were not previously assessed.

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Patent Invention Trademark 62

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. Ariad Pharmaceuticals et al.

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Inventor Invention Art Litigation 105

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. See [link].

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Patent Law Law Inventor Patent 96

The IP Law Blog

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. 9,980,498 (the “’498 Patent”). The dispute arose between HIP, Inc. (“HIP”)

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Inventor Invention Art Patent 110

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. §

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Inventor Invention Patent Law Patent 81

Patently-O

MAY 19, 2022

Cheyer & Martin (but not Moran) file for patent protection on aspects of the OAA that were not fully disclosed within the original publication. IPR proceedings are limited to challenges anticipation and obviousness challenges and only those based upon prior patents & printed publications. January 5 & March 17, 1999.

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Invention Inventor Art Patent 56

LexBlog IP

FEBRUARY 7, 2022

24, 2021), the Federal Circuit affirmed a Patent Trial and Appeal Board’s final decision canceling claims in Indivior’s patent claiming a polymer matrix-containing film. Here the prior art was none other than the Patent Office’s publication of one of the claimed priority applications. wt % to about 58.6

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Patently-O

SEPTEMBER 16, 2021

The patent system has seen tremendous change over the past decade. 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. patent system since the Patent Act of 1952. patent system since the Patent Act of 1952.

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Invention Reporting Patent Art 81

Patently-O

SEPTEMBER 9, 2022

Smith is a short opinion affirming the USPTO’s refusal to issue Jason Smith’s patent on eligibility grounds. The invention is a software method that allows customers to purchase assets from multiple vendors. ” The brief goes on to argue that: “ If it is useful, it is by law patent eligible.

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Invention Patent IP Law 80

Patently-O

OCTOBER 10, 2022

Today in Patent Law Class, we covered the Supreme Court’s important decision in Markman v. 370 (1996) focusing on the question of whether the patentee has a 7th Amendment right to have a jury decide “genuine factual disputes about the meaning of a patent?” 91, 114 (2011) (Breyer, J, concurring). Sandoz, Inc. ,

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Patent Law Law Patent Invention 97

SpicyIP

JANUARY 28, 2025

Post-retirement, she was appointed as the Chairperson of the Intellectual Property Appellate Tribunal (IPAB) from 2011 to 2013. Sridevan : Expert evidence plays a crucial role in IP litigation, particularly in patent cases. However, patents cover a vast array of fields, so external expert evidence often becomes essential.

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Litigation IP Invention Technology 59

SpicyIP

JUNE 3, 2024

In the second scenario, where Indian patents have limited demand in the international market, the treaty might impose additional burdens without proportionate benefits. This scenario aligns with India’s 2030 mission to become an innovative country, benefiting from the treaty’s focus on patents (Dutfield, 2011).

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Intellectual Property Due Diligence Intellectual Property Law Technology 119

LexBlog IP

AUGUST 2, 2022

Once upon a time – not so very long ago, in fact – it was rare for the Australian Patent Office to issue a formal published ruling on the patent-eligibility of claims submitted for examination. Historically, the overwhelming majority of decisions have related to inter partes proceedings, such as patent oppositions.

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Invention Patent Publishing Law 52

JD Supra Law

SEPTEMBER 11, 2023

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

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Invention Law Patent 68

Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127. 101, 102, 103, and/or 112.”

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Patent Patent Infringement Copying Technology 97