Patently-O

MAY 19, 2023

by Dennis Crouch As a member and supporter of the National Association of Patent Practitioners (NAPP), I am looking forward to the NAPP Annual Meeting and Conference scheduled for July 19-21 in Alexandria, Virginia at the USPTO Headquarters. My patent law update is Thursday morning. I hope to see you there!

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Intellectual Property Patent Law Invention Art 67

LexBlog IP

AUGUST 28, 2023

However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and the written description of the patent to which it belonged failed to describe “ how ” the claimed invention implemented this element. 1243 , 1254 (2023)).

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Invention Patent Application Art Patent 52

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). To most patent practitioners and applicants, the practical effect is that the deadline for responding to the patent office is “shortened” by 15 days.

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The IPKat

DECEMBER 23, 2023

Rose Hughes outlined the recent EPO Board of Appeal decision ( T 1356/21 ), which discussed the criterion of novelty for pharmaceutical dosage regimes and selection inventions, as well as the reliance on an unexpected technical effect for inventive step.

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Intellectual Property IP Copyright Law Invention 64

IP Watchdog

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) today released guidance for determining inventorship of artificial intelligence (AI)-assisted inventions. The USPTO issued a call for comments on AI inventorship in February 2023.

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Invention Patent Law Patent Trademark 63

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. Chapter 7 examines the determination of the priority date of an invention.

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Law Editing Patent Intellectual Property 60

IIPRD

FEBRUARY 16, 2024

The sheer number of developments and technological advancements in the sport make it crucial for the teams participating to ensure that their intellectual property rights are not violated. This is where the various protections under international Intellectual Property Rights conventions come into play.

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

Trading Secrets

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

MAY 12, 2023

This trend brings about new risks to intellectual property (IP), including new challenges in procuring IP protection and new risks of IP infringement. Patenting an invention requires pinning down the correct inventorship. Patent and Trademark Office is currently seeking public comments on AI inventorship.

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IP Invention Intellectual Property Inventor 40

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

Patent 52

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LexBlog IP

DECEMBER 21, 2023

16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. In Incept v. Palette Life Sciences 21-2063, 21-2065 (Fed.

Patent Law 52

Patent Law Patent Law Art 52

IPilogue

FEBRUARY 13, 2023

Specifically, Amgen seeks to appeal a decision from the Federal Circuit , in which the court found Amgen’s patents invalid for lack of enablement. The requirement of enablement in US patent law is codified in 35 USC s. In 2014, Amgen sued Sanofi for infringing on its patents concerning drugs for lowering cholesterol.

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Patent Invention Art Inventor 101

The IPKat

MARCH 26, 2023

Here’s what Daria writes: Expected introduction of a full patent examination in Switzerland: Opportunity or burden? by Daria Bohatchuk The patent law revision is currently underway in Switzerland. 59 (4) of the Patents Act, Botschaft , 11, 12). 59 (4) of the Patents Act, Botschaft , 11, 12).

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Patent Patent Application Invention Intellectual Property 133

LexBlog IP

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

Invention 52

Invention Confidentiality Privacy Public Use 52

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. 11, 2023 (claiming that various products were “patented”). patent law. 1, 2017 to Apr.

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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. On November 6, 2023, the U.S. The dispute arose between HIP, Inc. (“HIP”)

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Inventor Invention Art Patent 110

The IP Law Blog

FEBRUARY 29, 2024

The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. 12/20/2023) 2023 U.S. The applicant appealed to the Patent Trial and Appeal Board; the PTAB affirmed the examiner’s decision. section 101.

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Patent Patent Application Invention Advertising 111

The IP Law Blog

OCTOBER 12, 2023

The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. 8/2/2023) 2023 U.S. Realtime owned several patents covering systems and methods for digital data compression. Realtime Data LLC v. Fortinet Inc. (

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Patent Invention Law Patent Law 120

Intepat

MAY 4, 2023

Competition law (hereinafter used interchangeably with antitrust law) and Intellectual Property Rights (IPR) have been regarded as two ends of the spectrum in an economy. Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence.

Law 52

Law Patent Settlement Inventor 52

The IPKat

JANUARY 12, 2024

At the close of 2023, the Supreme Court of the United Kingdom handed down its eagerly awaited and widely publicized judgment in Thaler v Comptroller-General confirming that a patent application may not name an AI machine as an inventor. Attendance is free for members and new applicants for membership.

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IP Intellectual Property Law Law Invention 64

The IP Law Blog

JUNE 8, 2023

The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. appealed to three of the patents. Alice Corp.

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Patent Invention Business Patent Application 98

SpicyIP

JULY 22, 2023

However, he also stated that the government was not considering bringing a law or regulating the growth of artificial intelligence in the country. As the chatter around AI maintains its upward flight, its interplay with the intellectual property system of the country must be discussed too. On page no.

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IP Intellectual Property Reporting Government 91

SpicyIP

MARCH 7, 2023

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k).

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Designs Design Patent Invention 94

Patently-O

MAY 30, 2024

by Dennis Crouch The Federal Circuit’s 2023 decision in In re Cellect, LLC , 81 F.4th 2023) has set the stage for a potentially significant Supreme Court case on the interplay between the Patent Term Adjustment (PTA) statute, 35 U.S.C. § 4th 1216 (Fed.

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Patent Intellectual Property Law Intellectual Property Law 40

LexBlog IP

MAY 31, 2023

If such new content forms part of a new “invention” (i.e., part of a patent claim), does the AI system need to be listed as an “inventor”? It may all come down to “conception” – that is, whether an AI system can mentally conceive and contribute to an invention. an invention).

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Inventor Patent Application Invention Patent 40

The IP Law Blog

JANUARY 26, 2023

19, 2023) (Richard G. Andrews), the court found that plaintiff’s three aerial roof measurement patents encompassed unpatentable subject matter and that claim 1 in each of those patents was directed to an abstract idea and therefore granted defendant’s motion to dismiss on those grounds. Patentability under 35 U.S.C. §

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Patent Invention Reporting Technology 98

The IP Law Blog

MARCH 30, 2023

This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system. Most of these fee reductions have an effective date of March 22, 2023, with the remaining ones effective as of April 1, 2023.

Business 98

Business Inventor Patent Licensing 98

SpicyIP

MARCH 27, 2024

Vanessa Hill and Touchlight Genetics, sheds light on the distinct roles of scientific advisers and expert evidence in proceedings within the English Patents Court. The case revolves around patents concerning synthetic DNA vectors known as doggybone DNA or dbDNA and their enzymatic production.

Litigation 59

Litigation IP Intellectual Property Patent 59

The IP Law Blog

FEBRUARY 2, 2023

Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods). To be patentable, however, both designs and functional inventions must satisfy two requirements. The patent covered a design for a vehicle front fender.

Design Patent 98

Design Patent Designs Design Patent 98

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. ” On November 6, 2023, the U.S. The court in Pannu v.

Inventor 52

Inventor Invention Art Patent 52

LexBlog IP

DECEMBER 26, 2023

If you aren’t sure, find out by contacting them or by consulting an intellectual property attorney. One of the biggest issues with AI and patents is whether AI can count as an inventor, and if so, to what extent, and how does that affect patentability of the invention? What if it is?

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

MARCH 23, 2023

21-757) on Monday, March 27, 2023. The highly contentious question before the high court focuses what an applicant must show to meet the enablement requirement of patent law. to cumulatively identify and make all or nearly all embodiments of the invention without substantial “time and effort.” Sanofi (No.

Patent 40

Patent Invention Art Patent Law 40

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. .

IP 98

IP Intellectual Property Social Media Cease and Desist 98

The IPKat

AUGUST 16, 2021

According to the case materials, the plaintiff is a Kazakh company called G-Taxi which received, under an exclusive license, the right to use the patent for the utility model “Automated Taxi Ordering System”. The patent is valid until 21 December 2023. Zimride worked in co-op long-distance travel and used the Facebook service.

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Patent Troll Marketing Marketing Patent 84

Patently-O

APRIL 16, 2024

Any other rule—one requiring innovators to hand over their valuable intellectual property in service of the government’s public policy ends—would not only defy statutory text, constitutional principles, and settled precedent but smother innovation that produces lifesaving therapies. 2023 WL 3335538 (Fed. Teva Pharms.

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Art Patent Journalism Publishing 75

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

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Licensing Litigation Technology Patent 103