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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The IPKat

AUGUST 13, 2024

Further reading Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) (July 2022) Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything?

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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.

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The IPKat

AUGUST 4, 2024

Updated Guidance for AI inventions: Step 2A, Prong 1 Prong 1 of Step 2A asks whether the claim in question is directed to "a judicial exception". The Guidance first notes that claims to AI inventions will often involve "abstract ideas" such as mathematical concepts, methods of organising human activity or mental processes.

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Patently-O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements. Wade was good law before being overturned by the Court last term. by Dennis Crouch.

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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. § 112(a)).

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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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The IPKat

MAY 19, 2024

The international standards for patentability require that an invention is novel and inventive in view of the prior art. Brave new world Alternatively, AI could be thought of as akin to a natural phenomena, from which isolating a chemical or structure may be considered an invention.

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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.

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Patently-O

OCTOBER 16, 2023

Google decision threatens to grind to a halt, or at least significantly restrict, a once-common patent prosecution strategy – keeping continuation applications pending for years to obtain new claims that cover marketplace developments. Google LLC , 20-06754 WHA, 2023 WL 6542320 (N.D. 6, 2023). Sonos Inc. Sonos Inc.

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Patently-O

FEBRUARY 13, 2023

Then came the patenting. Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting. In patent law, inventorship is tied directly to ownership. An inventor is a presumptive owner of any resulting patent rights. 23, 2023).

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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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Intepat

MAY 4, 2023

Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. Patent law operates on two principles i.e. to encourage innovation and to promote the progress of science and technology. The Supreme Court in Eldred v. An example of this is the case of FTC v.

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

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LexBlog IP

MAY 12, 2023

Patenting an invention requires pinning down the correct inventorship. Court of Appeals for the Federal Circuit recently determined that only humans can be named as inventors on a patent. Patents must also sufficiently describe the invention so as to enable a person of ordinary skill in the art to carry out the invention.

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The IPKat

MAY 31, 2023

The decision in Amgen v Sanofi thus does not change the status quo whereby achieving functional claim language for antibody inventions represents a significant challenge in the US. Enablement and Written Description In US patent law, there are two distinct sufficiency requirements: enablement and written description.

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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). Full patent examination in Switzerland: quo vadis?

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Patently-O

NOVEMBER 22, 2023

The chart above shows a visualization of the percentage of issued patents that include means-plus-function (MPF) claims over time, with two separate estimates based on the wording used in the claims. Functional claiming is a constant lure for patent drafters. For example, in Amgen v.

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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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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 IPKat

DECEMBER 24, 2022

Despite the EPO's continued insistence that the issue is settled ( IPKat ), we can expect the issue to rumble on into 2023. Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) ST.26 Whilst this year has seen some truly remarkable advances in machine learning technology (e.g. 26 ( IPKat ).

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Patently-O

MAY 11, 2023

2023 WL 3311549, — F.4th May 9, 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. Mylan Pharms Inc. 4th — (Fed. In re Bigio , 381 F.3d 3d 1320, 1325 (Fed. 2004) In its 2007 KSR v.

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Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. Lisa did not otherwise significantly contribute to the conception of the invention. The patent examiner is attempting to decide whether to reject the claims. When EL filed his patent application, he named himself as the sole inventor.

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Patent Law Law Patent Patent Application 76

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?

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LexBlog IP

DECEMBER 26, 2023

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? A case in 2022 held that an inventor must be human, but this isn’t 100% settled law. What if it is? There are other issues as well.

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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

Patently-O

DECEMBER 20, 2023

Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. In a December 20, 2023 decision, the UK Supreme Court has agreed with American courts that an inventive machine is not deserving of patent rights. 1783 (2023). Thaler concerns two patent applications (GB1816909.4 Vidal , 43 F.4th

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Invention Inventor Patent Ownership 62

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. A company should always be aware of any new inventions under development, and it is good practice to investigate the status of any inventions developed by company employees during the past year.

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IP Intellectual Property Social Media Cease and Desist 98

Patently-O

AUGUST 23, 2023

1:19-cv-02181-CFC, 2023 WL 2498810 (D. 14, 2023) (U.S. Patent Nos. The doctrine is justified on the basis that language has inherent limitations in capturing the true scope of an invention, so equivalents help protect the inventor and promote innovation. Steuben Foods, Inc. Shibuya Hoppmann Corp. ,

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Patent Law Law Patent Invention 52

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. A company should always be aware of any new inventions under development, and it is good practice to investigate the status of any inventions developed by company employees during the past year.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

The IP Law Blog

DECEMBER 21, 2023

Every year, I write about patents that have to do with Christmas. Here are a few I have found, some of which were issued in 2023 and others of which are older. Design patent D990,096 is a rather strange patent entitled “Elf Hand.” The design looks like a prickly glove with four claws on the end of a round dowel.

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Patently-O

MAY 17, 2024

Although not directly related, the Supreme Court’s May 18, 2023 decision in Amgen v. Even before the decision, biotech -focused patent attorneys have been searching for ways to capture their clients innovations with broad enough coverage. 2023-2048 (Fed. ” In re Xencor, Inc. , ” quoting Ariad Pharms.,

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LexBlog IP

APRIL 12, 2023

Eset, LLC, a Federal Circuit decision on which Eset is now seeking Supreme Court review; Finjan raises the question of whether a court must accept a patentee’s own expressly-defined claim terms when reviewing a patent. What did that statutory language mean? ” Argument Transcript ( page 4, lines 4-11 ). Vitronics Corp.

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Law IP Intellectual Property Copyright 52

Trading Secrets

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. The Order calls on the U.S. Copyright Office and U.S.

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LexBlog IP

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. The Order calls on the U.S. Copyright Office and U.S. § 101.

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Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. The Order calls on the U.S. Copyright Office and U.S. § 101.

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Copyright Intellectual Property Fair Use IP 52

SpicyIP

AUGUST 30, 2021

In this post , we announced the winners of the 2nd Shamnad Basheer Essay Competition on IP Law. The first prize goes to Ramakash G Suriaprakash, from Tamil Nadu National Law University, Tiruchirappalli (batch of 2021), for their essay titled, ‘Inventions Seriously Prejudicing the Environment: Can the Precautionary Principle Offer a Way Out?’

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