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. EL’s patent eventually issued in October 2023, with the claim as listed above.

Patent Law 78

Patent Law Law Patent Patent Application 78

Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Mangrove Partners Master Fund, No.

Patent Law 75

Patent Law Law Patent Art 75

Intepat

JANUARY 15, 2024

This section mandates that a patent applicant must identify the inventor and, if the applicant is not the inventor, explain how they derived the right to the patent. Mr. Thaler’s stance was clear: DABUS, as the AI behind the inventions, should be recognized as the inventor.

Inventor 94

Inventor Patent Law Invention Law 94

JD Supra Law

JANUARY 4, 2024

In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law.

Inventor 75

Inventor Patent Law Law Patent 75

SpicyIP

JANUARY 13, 2023

We are pleased to see that Banaras Hindu University is organizing the 10th Mahamana Malaviya National Moot Court Competition, with the problem for this year’s competition surrounding patent law and incremental innovations. The competition is from 24th March- 26th March 2023. About the Organizer. About the Competition.

Law 98

Law Editing Registration Invention 98

Patently-O

FEBRUARY 20, 2023

Ask whether the claimed invention is directed toward a categorical exclusion. If yes, ask whether the claimed invention includes something more, such as an inventive concept that transforms the abstract idea into a patent eligible invention. 2023) , highlights the current state of the law. 208 (2014).

Invention 90

Invention Technology Law Patent 90

SpicyIP

JANUARY 20, 2025

Section 100 empowers the central government to use, or authorise to use, an invention (application or grant) for the purposes of the government, on a non-commercial basis. Importantly, this is not a provision that requires abuse of patent by the patentee. However, no details are present in the public domain.

Government 119

Government Patent Invention Public Domain 119

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.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Patently-O

JULY 13, 2023

by Dennis Crouch If you break it down far enough, every invention is simply a combination of known materials or steps. July 10, 2023) zeroes in on the motivation-to-combine analysis. Rather, the relevant art must align with the scope of the claimed invention. ” The Federal Circuit’s recent decision in Axonics, Inc.

Invention 75

Invention Art Patent Patent Law 75

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 69

Invention Art Patent Patent Law 69

SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Anything we are missing out on?

Invention 52

Invention Trademark Reporting Editing 52

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. student at National Law University, Delhi. SpicyIP intern Vedika discusses this development. Vedika is a third-year B.A.LL.B.

Invention 59

Invention Inventor Patent Registration 59

The IPKat

JULY 30, 2024

According to the USPTO guidance for AI-assisted inventions , AI has the potential to solve some of society's most difficult challenges. However, in the patent realm, the USPTO also believes that "inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity".

Inventor 78

Inventor Invention Design Designs 78

The IPKat

AUGUST 7, 2024

The IPKat is ready for your answers in our AI survey What inventions are deserving of patent protection? More generally, it has re-opened the debate on whether patent law remains fit for purpose in the modern age, especially when it applies to computer programs.

Invention 69

Invention Patent Patent Law Technology 69

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 64

Journalism Invention Art Patent 64

The IPKat

NOVEMBER 6, 2023

In the recent UK decision Astellas v Teva [2023] EWHC 2571 (Pat) Mr Justice Mellor in the High Court considered sufficiency, inventive step and infringement of Astellas' formulation patent for mirabegron. The decision also deviates from EPO practice on sufficiency and the inventive step of selection inventions.

Invention 69

Invention Patent Law Patent Law 69

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 69

Invention Art Patent Law Law 69

LexBlog IP

JANUARY 11, 2024

The Principle of Good Faith in Patent Applications The revised regulations emphasize the principle of good faith in all patent applications: New Article 11: Mandates adherence to the principle of good faith. Genuine Inventive Activities: Requires applications to be based on real and original inventive activities.

Patent Law 52

Patent Law Law Intellectual Property Intellectual Property Law 52

IPilogue

MARCH 1, 2023

Madeleine Worndl, Lilian Esene, Jennifer Manley, Ibrahim Arif & Natalie Bravo are competitors on Osgoode’s 2023 Harold G. Fox Intellectual Property Moot Team and JD Candidates at Osgoode Hall Law School. This past weekend, students from Osgoode Hall Law School participated in the Harold G.

Intellectual Property 111

Intellectual Property Patent Troll Invention Patent Law 111

Patently-O

MAY 19, 2023

Thursday, July 20th, will offer another full day of sessions covering everything from responding to prior art rejections, to cultivating diversity in patent law, and best practices for PTAB appeals. My patent law update is Thursday morning. I hope to see you there! For more information and registration, click here.

Intellectual Property 69

Intellectual Property Patent Law Invention Art 69

JD Supra Law

JANUARY 8, 2024

patent law by the Leahy-Smith America Invents Act were provisions for post-grant review (PGR) and inter partes review (IPR). One of the many changes introduced into U.S.

Invention 65

Invention Patent Law Law Patent 65

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

Invention 64

Invention Inventor Patent Ownership 64

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.

Patent 126

Patent Patent Prosecution Invention Inventor 126

The IPKat

SEPTEMBER 3, 2024

Brussels Court of Appeal, 30 January 2023, Biogen v. Mylan In this typical preliminary injunction (PI) case, the Brussels Court of Appeal seems to have refined its case-law. First, EP 873 was held prima facie invalid based on a lack of inventiveness. But patience is rewarded. Is the wind shifting. ?

Litigation 64

Litigation Law Patent Invention 64

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?

Patent 127

Patent Editing Inventor Patent Application 127

The IPKat

JANUARY 22, 2023

Here are the nominees and winners: Best Patent Law Book The nominations were: Intellectual Property Protection for Plant Related Innovation: Fit for Future? We look forward to reading and reviewing more IP books in 2023! Thank you to readers who voted for the IPKat book of the year awards 2022!

Intellectual Property 98

Intellectual Property Editing Intellectual Property Law Design 98

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”)

Inventor 110

Inventor Invention Art Patent 110

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. (

Patent 120

Patent Invention Law Patent Law 120

IPilogue

SEPTEMBER 15, 2022

We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! Originally created in 2014 as a midwest competition, the Competition is today a national inter-law school competition designed to introduce law students to issues arising in United States patent law.

Patent Application 81

Patent Application Patent Patent Drafting Invention 81

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.

Invention 64

Invention Patent Law Patent Trademark 64

The IPKat

JANUARY 7, 2024

The Munich Local Division in SES vs Hanshow took a rather peculiar approach to claim interpretation, for which this Kat struggles to find basis in either EPO or national case law. The patent related to an electronic label for providing pricing information about a product to a consumer. T 439/22) (Jan 2024) Image credit : Midjourney

Law 99

Law Patent Contracts Invention 99

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)).

Invention 52

Invention Patent Application Art Patent 52

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.

Patent 111

Patent Patent Application Invention Advertising 111

Patently-O

APRIL 26, 2024

594 (2023) and was struck by the Supreme Court’s statement that its 19th Century decision of Wood v. 1 (1847) “establish[ed] that a specification may call for a reasonable amount of experimentation to make and use a patented invention.” Background of the Invention Wood’s U.S. Sanofi , 598 U.S.

Invention 115

Invention Art Patent Law 115

SpicyIP

OCTOBER 1, 2024

(October 5-November 23) Following a favorable outcome of preparing students and professionals for the patent agent exam and providing them with a comprehensive guide on Patents in 2022 and 2023. The IP Press presents the third cohort of the Comprehensive Course on Patents.

Registration 103

Registration Intellectual Property IP Patent Drafting 103

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?

Patent 103

Patent Patent Application Invention Intellectual Property 103

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.

Invention 93

Invention Patent Patent Law Law 93