IP Watchdog

OCTOBER 6, 2024

This update complements the guidance that the USPTO issued in February 2024 regarding patent inventorship and AI-assisted inventions. Both documents were created at the direction of Executive Order 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (October 30, 2023).

Invention 59

Invention Intellectual Property Trademark Patent 59

Patently-O

AUGUST 5, 2024

Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. 2023-1336 (Fed. Sanho Corp. July 31, 2024).

Invention 111

Invention Inventor Art Public Use 111

Patently-O

APRIL 25, 2023

The following are my remarks given on April 25, 2023 to the USPTO as part of their AI listening session: by Dennis Crouch Members of the USPTO, and fellow participants of this AI Listening Session, thank you for inviting me here today and for taking time to consider these important issues.

Invention 126

Invention Inventor Patent Intellectual Property 126

Barry Sookman

DECEMBER 23, 2023

Recent decisions in both the patent and copyright fields have denied protection for otherwise patentable inventions and copyright works where the sole claimed inventor or author is identified as an artificial intelligence system. … The post Do generative AI inventions and works qualify for patents and copyrights?

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Invention Copyright Patent Inventor 113

IP Watchdog

FEBRUARY 1, 2023

During the PTAB Masters 2023 program, which was held this week on Tuesday and Wednesday at IPWatchdog’s headquarters in Ashburn, Virginia, former U.S. Kappos was Director during the enactment and implementation of the America Invents Act (AIA), which established the PTAB.

Invention 126

Invention Trademark Patent Government 126

JD Supra Law

FEBRUARY 19, 2024

On February 13, 2024, the USPTO (PTO) published its guidance for inventions made with the assistance of artificial intelligence (AI). The PTO published the guidance in response to the directive it received in the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence issued October 20, 2023.

Invention 78

Invention Publishing 78

The IPKat

AUGUST 4, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

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Invention Art Patent Reporting 98

SpicyIP

DECEMBER 22, 2023

[ On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development. Vedika is a third-year B.A.LL.B. student at National Law University, Delhi.

Invention 59

Invention Inventor Patent Registration 59

JD Supra Law

FEBRUARY 23, 2024

Further to President Biden’s 2023 executive order (EO) on the safe, secure and trustworthy development and use of artificial intelligence (AI) last year, the U.S. Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”).

Invention 66

Invention Patent Application Trademark Patent 66

The IPKat

JULY 18, 2024

The UPC Central Division also takes a strong stance on the patentability of therapeutic antibody inventions in Europe. The decision of the UPC confirms that the US and European approaches to antibody inventions are diametrically opposed. The decision is not just remarkable for being the first decision of its kind.

Invention 64

Invention Art Patent Patent Law 64

JD Supra Law

NOVEMBER 1, 2023

On September 15th 2023, Governor Kathy Hochul signed into law an amendment to the New York Labor Law. The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees. By: Seyfarth Shaw LLP

Invention 78

Invention Law 78

JD Supra Law

MARCH 4, 2024

The US Patent and Trademark Office (USPTO) recently issued what it labeled as Inventorship Guidance for AI-Assisted Inventions [Docket No. PTO-P-2023-0043]. To begin with, the USPTO warns that its “guidance does not constitute substantive rulemaking and does not have the force and effect of law.”.

Invention 66

Invention Trademark Law Patent 66

JD Supra Law

APRIL 11, 2023

Ironburg Inventions Ltd. April 3, 2023) In this week’s Case of the Week, the Federal Circuit provided new guidance in applying the estoppel provisions of 35 U.S.C. § Valve Corp., Appeal Nos. 2021-2296, 2021-2297, 2022-1070 (Fed.

Invention 112

Invention 112

JD Supra Law

OCTOBER 12, 2023

Most employee confidentiality and similar agreements contain an assignment of invention provision. These typically provide that all employee inventions created during the employee’s employment are assigned to or owned by the company.

Invention 68

Invention Law Confidentiality 68

JD Supra Law

FEBRUARY 13, 2024

On July 24, 2023, the United States Patent and Trademark Office (USPTO or Office) promulgated a revised interim process for Director Review of Patent Trial and Appeal Board (PTAB or Board) decisions in proceedings under the America Invents Act (AIA).1

Invention 66

Invention Trademark Patent 66

IP Tech Blog

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

Invention 57

Invention Inventor Patent Patent Application 57

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). patent system from a first-to-invent system to a first-to-file system.

Invention 162

Invention Patent Application Inventor Government 162

JD Supra Law

SEPTEMBER 21, 2023

On September 15, 2023, New York Governor Kathy Hochul signed into law a new section of the New York Labor Law limiting the assignment of inventions by employees to their employers.

Invention 66

Invention Law 66

The IPKat

DECEMBER 22, 2023

Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed?

Invention 108

Invention Inventor Patent Law 108

IP Close Up

JUNE 13, 2023

Videos of the five panels and keynote from the 2023 Intellectual Property Awareness Summit – including Andrei Iancu’s compelling analysis of the power of IP Continue reading

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Intellectual Property Invention IP Inventor 65

The IPKat

NOVEMBER 13, 2023

In particular, in this divisional patent Regeneron had attempted to avoid a novelty attack by explicitly disclaiming embodiments of the invention from the claim. Legal background: Undisclosed disclaimers Patent claims generally define the essential features present in the claimed invention.

Invention 70

Invention Art Patent Law 70

LexBlog IP

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

Invention 52

Invention Inventor Patent Patent Application 52

The IPKat

MAY 13, 2024

T 0629/22 considered how the credibility/plausibility of a claimed invention should be addressed in the face of contradictory evidence for the technical effect relied on for inventive step. The evidence requirement for inventive step was recently considered by the Enlarged Board of Appeal (EBA) in G 2/21. amylopectin, 0.5-8

Invention 56

Invention Publishing Art Patent 56

The IPKat

MARCH 24, 2023

In order to understand whether a purported technical effect may be relied on for inventive step, the EBA concludes that the substantive question remains what would the skilled person understand from the application as filed? For the EBA, the substantive question at the heart of G 2/21 is a familiar one that needs no reference to plausibility.

Invention 129

Invention Publishing Patent Art 129

JD Supra Law

NOVEMBER 21, 2023

On September 15, 2023, New York Governor Kathy Hochul signed a law that made dramatic changes to the enforceability of invention assignment provisions in employment agreements and likely in related agreements including offer letters and Confidentiality, Information and Invention Assignment Agreements (CIIAAs).

Invention 71

Invention Law Confidentiality 71

JD Supra Law

MARCH 7, 2023

Be careful of showing your claimed inventions at tradeshows. On February 15, 2023, the Federal Circuit (“CAFC”) affirmed a summary judgment ruling that, by merely showcasing an embodying device at an industry event (the “Event”), Minerva Surgical, Inc.

Public Use 97

Public Use Invention IP Patent 97

IP Intelligence

SEPTEMBER 4, 2024

The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent. 2023-1627 (Fed. In a precedential decision in Osseo Imaging, LLC v. Planmeca USA Inc. ,No. 1] Available at [link]. 1] Available at [link].

Invention 52

Invention Art Patent Intellectual Property 52

JD Supra Law

DECEMBER 5, 2023

March 10, 2023) In a PTAB decision that was recently designated precedential, the Board made two important decisions concerning provisional patent applications. Critically, the Board held that the America Invents Act (AIA) brought forth a change in how provisional patent applications are considered in the prior art analysis.

Patent Application 61

Patent Application Invention Art Design 61

LexBlog IP

SEPTEMBER 20, 2023

On September 15, 2023, New York Governor Kathy Hochul signed into law a new section of the New York Labor Law limiting the assignment of inventions by employees to their employers. California also places a burden on employees to prove that their inventions are not covered by their employee invention assignment agreement.

Invention 52

Invention Law Intellectual Property Business 52

Intellectual Property Law Blog

JULY 26, 2023

Holding Mr. Howard is not a joint inventor because he has not made any significant contribution to the invention. Reasoning Mr. Howard is not a joint inventor because his alleged contribution was not significant when measured against the scope of the full invention. “[T]he

Inventor 130

Inventor Invention Art Patent 130

JD Supra Law

FEBRUARY 15, 2024

In 2023, Fintiv—the precedential Order issued in 2020 that established a six-factor framework that the Patent Trial and Appeal Board (PTAB) applies when evaluating whether to exercise its discretion to institute an America Invents Act (AIA) trial when there is co-pending litigation—continued to grab headlines and spark controversy.

Litigation 66

Litigation Invention Reporting Patent 66

The IPKat

JUNE 13, 2024

The cover article of the May 2024 edition of the CIPA Journal proposed a new test for inventive step using AI. The CIPA journal article proposes to use an AI derived measurement of semantic similarity between the claims and the prior art as a new test for inventive step. features, images, text) are represented as vectors and compared.

Journalism 60

Journalism Invention Art Patent 60

SpicyIP

MAY 17, 2023

Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. Prabhat Kumar Saha highlighting certain concerns of the USTR in the 2023 Special 301 Report and assessing the same from a public health perspective.

Reporting 137

Reporting Intellectual Property Patent Application Intellectual Property Law 137

Trading Secrets

OCTOBER 31, 2023

Background On September 15 th 2023, Governor Kathy Hochul signed into law an amendment to the New York Labor Law. The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees. Employers may wonder, what constitutes an “invention”?

Invention 59

Invention Intellectual Property Law Business 59

IP Intelligence

FEBRUARY 23, 2024

Further to President Biden’s 2023 executive order (EO) on the safe, secure and trustworthy development and use of artificial intelligence (AI) last year ( see [link] ), the U.S. Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 4] Based on U.S.

Invention 52

Invention Inventor Patent Application Designs 52

The IPKat

APRIL 2, 2024

Andrew Lykiardopoulos KC and Henry Edwards of 8 New Square presented the highlights of the 2023 patent cases in the form of a Christmas menu, including culinary delicacies such as Turkey with Apixaban Sauce and Caviar by Ocado. Over to Ada : "Before the starters, the chefs served hors d'oeuvres consisting of some outcomes from 2023.

Reporting 60

Reporting Patent Invention Litigation 60

JD Supra Law

FEBRUARY 20, 2024

The US Patent and Trademark Office (USPTO) recently issued new Inventorship Guidance for AI-Assisted Inventions (“Guidance”), effective as of February 13, 2024. The Guidance is a result of President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI) issued on October 30, 2023.

Invention 61

Invention Trademark Patent 61