The IPKat

SEPTEMBER 10, 2023

The minutes are brief but confirm the Board of Appeal's decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. The inventive step of the claimed invention was acknowledged based on the post-published data submitted by the Patentee. How many moths needed for an invention?

Invention 117

Invention Publishing Law Patent Application 117

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?

Invention 114

Invention Copyright Patent Inventor 114

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 125

Invention Inventor Patent Intellectual Property 125

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

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

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

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

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

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 125

Invention Trademark Patent Government 125

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.

Invention 98

Invention Art Patent Reporting 98

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

The IPKat

JULY 15, 2024

Since G 2/21 , Boards of Appeal have united on the interpretation that the evidence standard for inventive step (the "plausibility/credibility test") remains unchanged. In this case, the selexipag polymorph patent was opposed on the grounds of lack of inventive step.

Invention 112

Invention Patent Publishing Patent Application 112

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

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

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

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

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

Intellectual Property 69

Intellectual Property Invention IP Inventor 69

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

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

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

Patently-O

JULY 17, 2024

As if on cue, the Office has released a new set of updated guidelines – focusing on Artificial Intelligence related inventions and including three new examples. The USPTO continues to be open to issuing patents on AI inventions, including the use of AI. However, there must be a technical solution to a technical problem.

Invention 62

Invention Patent Technology Copying 62

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

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

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

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 Designs 61

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

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

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 Watchdog

SEPTEMBER 13, 2023

2023 FCA 168], a 3-0 decision, recently set aside the test on subject matter eligibility of computer-implemented inventions laid down by the Federal Court [2022 FC 923] last year. Benjamin Moore & Co.

Invention 62

Invention Patent Litigation Technology 62

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

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

JD Supra Law

NOVEMBER 22, 2023

Teleflex argued that Itou was not prior art because the invention claimed in Teleflex’s patent was conceived before Itou’s critical date and was. Opinion by Lourie, joined by Prost and Chen. Medtronic filed two IPR petitions challenging certain claims in a patent owned by Teleflex.

Patent 63

Patent Art Invention 63

The IPKat

JUNE 10, 2024

Nonetheless, with limited avenues available for broad antibody inventions in the US, Chamberlain suggests that means-plus-function language is worth a shot. The written description requirement necessitates the invention to be adequately described in the specification. Furthermore, the question of enablement was not reviewed.

Invention 64

Invention Art Patent Law Law 64

LexBlog IP

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 52

Invention Intellectual Property Law Business 52

JD Supra Law

JUNE 8, 2023

The New York State Legislature passed Senate Bill 5640 / Assembly Bill 6829 on June 6, 2023, which, if the governor signs, would amend the Labor Law and add a new section 203-f, regulating the use and enforceability of invention assignment agreements. inventions”) the employee creates during employment.

Invention 52

Invention Law 52

JD Supra Law

JULY 18, 2023

July 14, 2023) Our case of the week addresses a wrinkle in the law concerning disputes between parties that filed patent applications covering the same invention on either side of the effective date of the America Invents Act (the AIA). SNIPR Technologies Limited v. Rockefeller University, Appeal No. 2022-1260 (Fed.

Invention 52

Invention Patent Application Technology Law 52

Patently-O

MAY 25, 2023

2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide catheter used in interventional cardiology procedures. The patentee can then furnish evidence to establish an earlier date of invention, which usually involves a sworn declaration from the inventor, corroborated by additional evidence.

Invention 70

Invention Inventor Art Patent Application 70