Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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IPilogue

AUGUST 13, 2021

On July 29, 2021 South Africa approved a patent listing AI as the inventor. Dr. Stephen Thaler’s AI system ‘DABUS’ was listed as an inventor for a patent related to beverage packaging and emergency lights. Patent Offices have not yet issued guidance as to whether AI could be regarded as an inventor.

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LexBlog IP

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. But can an AI system be a named inventor on a patent? That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system.

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The IPKat

AUGUST 11, 2023

In keeping with the so-called media "silly season" of late summer, PatKat thought she would check-in on the AI inventor debate. The Supreme Court is merely considering whether an AI may be formally designated as an inventor on a UK patent. Final thoughts It is an adage of the legal profession that bad cases make bad law.

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Patently-O

SEPTEMBER 20, 2022

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. The court sided with USPTO’s no-patent stance. 100 that identify inventors as “individuals.” 3d 1365 (Fed. 35 U.S.C. §

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IP and Legal Filings

NOVEMBER 7, 2022

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. Intellectual property rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention. 7] Section 140 of The Patents Act, 1970. [8]

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IPilogue

SEPTEMBER 14, 2022

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. v Canada (Attorney General) the Federal Court has addressed a long-standing complicated issue in patent law, computer-related subject matter. The problem-solution approach involved: “identifying a problem disclosed by a patent application; and.

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Patently-O

MAY 21, 2024

In utility patents, the test for analogous arts has two prongs, with the reference qualifying as prior art if either prong is met: Whether the prior art is from the same field of endeavor as the claimed invention, regardless of the problem addressed by the reference. Design Patent No.

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Canadian Intellectual Property Blog

MAY 12, 2020

Determining inventorship, prior to patent issuance, can save an applicant the costly procedural and evidentiary burden required for correcting the named inventors post patent issuance. Does it appear that one or more of the named inventors have no part in the invention? The test asks two questions: 1.

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SpicyIP

JUNE 29, 2024

In this article, Koshy reveals that Bharat Biotech (BBIL) filed a patent application for Covaxin without listing the Indian Council of Medical Research (ICMR) as a co-patentee or inventor. According to Indian patent laws, both product and process patents are permissible, and BBIL has applied for the process patent for Covaxin.

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LexBlog IP

OCTOBER 8, 2021

The Federal Circuit created controversy in 2020 over its application of the Supreme Court’s subject matter eligibility jurisprudence by finding a method of manufacturing an automobile propshaft ineligible for patent protection. A potential expansion of the Patent Act to accommodate AI inventors can help provide this incentive.

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IP and Legal Filings

MARCH 1, 2023

Additionally, it seeks to develop a public platform where inventors and producers can communicate with users and purchasers. However, one must consider the lax patent laws that gave India the reputation as the “pharmacy of the world.” “Commercialization of IPRs”- Profit from IPRs by commercialising them. CS(COMM) No.

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IPilogue

JANUARY 10, 2022

In order to overcome this obstacle the patent application must explain how the algorithm and the computer are interconnected such that together they form a single invention. This has been a historically tumultuous area of patent law. To do this, the computer must be deemed an essential element of the invention.

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LexBlog IP

MARCH 23, 2022

Micro Entity Status: Qualifying to Reduce Patent Fees. Are you a small business or an individual inventor filing for a patent in the U.S.? If so, keep reading to learn about how you can reduce your patent fees through micro entity status. patent system. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-623b791352da51164{flex-wrap:

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The IPKat

JULY 16, 2024

This tome was first published in 1884 by Thomas Terrell, and in the 140 years since, has become a well-established authority for patent practitioners and judges, providing thorough commentary on both the substance and practice of UK patent law.

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Canadian Intellectual Property Blog

SEPTEMBER 16, 2020

Yes, Canada, the US, and a few other countries offer a special type of grace period for inventors who have made a public disclosure of their invention. The inventors have until 12 months from the date of their public disclosure to file for patent protection within each of those countries.

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Intepat

DECEMBER 4, 2023

The share of MSME Gross Value Added ( GVA ) in India’s GDP during the years 2019-20, 2020-21, and 2021-22 was an impressive 30.5%, 27.2%, and 29.2%, respectively. in the years 2019-20, 2020-21, and 2021-22, respectively. Consequently, all joint inventors must be mentioned as such in the patent application.

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Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.”

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IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

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LexBlog IP

JUNE 15, 2022

For example, Dan Burk noted, at page 263, in a 2020 law review article that “there is a rich web of human effort and support behind any AI undertaking. 263, 265-66 (2020) ]. 263, 319-320 (2020) ]. However, the characterisation of a person as an inventor is a question of law. Vidal , Case No.

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TraskBritt Intellectual Property

MARCH 30, 2021

Filing a patent application first requires an invention. Conception is the formation, in the mind of the inventor, of a definite and permanent idea of a complete and operative invention. A patent application must clearly explain an invention in sufficient detail to enable one of ordinary skill in the art to make and use the invention.

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Patently-O

MAY 11, 2023

The “analogous arts” test is used in patent law to determine whether a particular reference is relevant for the purposes of an obviousness analysis. 2020); CyWee Grp. The] purpose of the “prior art” must be evaluated with reference to the inventor’s purported invention disclosed within the challenged patent.

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IP Whiteboard

OCTOBER 15, 2020

The UK IPO is keen to understand the role of the patent system in encouraging use and development of AI. A key question is whether patent law should allow AI to be identified as the sole or joint inventor, and if not, whether this will discourage future inventions being protected by patent (and instead, being kept confidential).

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LexBlog IP

APRIL 10, 2023

For example, the United States Patent and Trademark Office (USPTO) is responsible for rules governing federal trademark registration for product and service identification and for issuing patents to inventors, regardless of where the business is located.

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LexBlog IP

FEBRUARY 7, 2022

Appeals 2020-2073, -2142 (Fed. 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. In Indivior UK Ltd. Dr. Reddy’s Laboratories S.A. The limited specification support (e.g., Banner , 778 F.2d

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Intepat

APRIL 19, 2023

As a result, it is apparent that patent law offers a broader scope of protection in contrast to copyright law, which is primarily relied upon by inventors in this field. PROTECTION UNDER PATENTS ACT, 1970 The protection of CRIs has not been a straightforward journey. Data Access Corporation v.

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Patently-O

MAY 22, 2024

by Dennis Crouch In a recent decision, the Federal Circuit vacated a district court’s grant of summary judgment that an inventor, Dr. Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. Core Optical Techs., Nokia Corp. , 23-1001 (Fed. May 21, 2024).

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LexBlog IP

DECEMBER 26, 2023

The AI is a tool, not a solution, and it certainly isn’t a lawyer well-versed in the nuances trademark law. Patents In 2020, over 80,000 utility patent applications involved AI, and nearly 20% of all utility patent applications these days involve AI in some way. Not yet, anyway.

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LexBlog IP

AUGUST 28, 2023

In view of this ruling, patent practitioners should endeavor to explain sufficiently in the written description the specific aspects of how machine learning features (and other computer-implemented invention features) operate in order to demonstrate sufficient enablement. Patent Law (specifically 35 U.S.C. § § 112(a)).

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

From 2019 to 2020, Ashley served as a judicial law clerk to the Honorable Kimberly A. with honors from Emory University, where she was the articles editor of the Emory Law Journal. with a patent law concentration with intellectual property certificate, from the University of Connecticut School of Law in 2013.

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Patently-O

OCTOBER 31, 2022

George Washington University Law School Professor Dmitry Karshtedt has passed. We often had different ways of thinking about patent law, and I always hoped that some day we might have time to write something together. He joined GW Law in 2015 after a fellowship at Stanford and received tenure in 2020.

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Patently-O

JUNE 14, 2023

The patent system is a foundational part of the United States’ innovation ecosystem. The country created a national patent system in 1789. While the patent system has evolved over 200 years, it has remained stagnant in one glaring way. Census data from 2020 indicate that the share of the U.S.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 11, 2021

LGBTQ attorneys have also made significant contributions to patent law and policy. Patent and Trademark Office. patent law. Despite these successes, little is known about the overall state of LGBTQ representation in STEM and patent law. Department of Commerce and commissioner of the U.S.

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Intepat

OCTOBER 6, 2024

Patents , as a vital form of intellectual property (IP), safeguard these innovations, providing inventors and businesses exclusive rights to their inventions while promoting the dissemination of knowledge. Companies and inventors are prioritizing green technologies, aiming to reduce carbon footprints and promote eco-friendly practices.

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SpicyIP

AUGUST 30, 2021

According to Piyush Goyal, India’s Union Commerce & Industry Minister, India’s ranking in the Global Innovation Index rose to 48th in 2020 after a record number of patents were awarded in 2020-21 and 14.2 Thus, she notes that regular training for judges on the technical subject matters is crucial. Other News.

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