Remove 2023 Remove Invention Remove Litigation Remove Patent Drafting
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Narrowing the Analogous Arts with a Problem-Solution Statement

Patently-O

The Patent Trial and Appeal Board’s sided with the patentee, holding that a key prior art reference was not analogous art. This case also raises questions about the value of explicitly stating the problem solved within the patent document, and perhaps directly in the patent claims. 22-1138, — F.4th 4th — (Fed.

Art 54
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Adding matter by cherry-picking from separate embodiments: Philip Morris v BAT ([2023] EWHC 2616 (Pat))

The IPKat

In the recent UK case of Philip Morris v BAT [2023] EWHC 2616 (Pat) , His Honour Justice Hacon (Hacon HHJ) considered the standard for invalidity due to added matter. Invalidity in view of added matter is a common patent pitfall in Europe ( IPKat ). Final thoughts: Added matter versus patent profanity?

Invention 112
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Unambiguous disclosure without patent profanity (T 2171/21)

The IPKat

US patent attorneys wishing to understand certain peculiarities of European patent drafting need look no further than the recent Board of Appeal decision in T 2171/21. The case law relating to pointers and selection inventions is well established CLBA, II-E-1.6.2c) ). 3d 1241 (Fed.

Patent 108
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White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

Trading Secrets

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.

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White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

LexBlog IP

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.

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White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

LexBlog IP

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.