The IPKat

AUGUST 13, 2024

OpenAI has the reputation for protecting its innovations through the use of trade secrets as opposed to patents. This is perhaps not surprising, given that patent applications are not published until 18 months after they are filed, and that OpenAI's major innovation of ChatGPT was first released about 2 years ago.

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Patent Editing Inventor Patent Application 125

JD Supra Law

DECEMBER 27, 2023

On 20 December 2023 the UK Supreme Court handed down its judgment in the long-running saga of the DABUS patent applications in the United Kingdom. By: Locke Lord LLP

Patent Application 71

Patent Application Inventor Patent Invention 71

The IPKat

OCTOBER 31, 2023

Boards of Appeal have interpreted G 2/21 as permitting patentees to rely on technical effects for which the application as filed is completely silent ( IPKat , IPKat ). The decision in T 0258/21 is therefore not surprising, and confirms that whilst G 2/21 is broadly favourable to patentees, it does not permit armchair inventing.

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Invention Art Publishing Patent Application 119

LexBlog IP

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

Patent Application 52

Patent Application Inventor Patent Invention 52

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

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”). By: BakerHostetler

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Invention Patent Application Trademark Patent 66

The IPKat

JULY 15, 2024

The decision of the Enlarged Board of Appeal (EBA) in G 2/21 on the use of post-published evidence to support patentability, was self-confessedly vague and open to interpretation ( IPKat ). The patent protecting the commercialised polymorph of a drug may therefore provide valuable exclusivity.

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Invention Patent Publishing Patent Application 113

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 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.

Patent 111

Patent Patent Application Invention Advertising 111

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

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.

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Reporting Intellectual Property Patent Application Intellectual Property Law 136

IP and Legal Filings

AUGUST 8, 2024

INTRODUCTION The Patent Act was enforced on 20 th April, 1972. It is a statutory right which was granted by the government of India and in return the inventor of the patent have to completely disclose their creation. This allows the others to gain knowledge of the others invention and develop in the future.

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Patent Invention Inventor Patent Application 74

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 119

Invention Publishing Law Patent Application 119

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".

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Inventor Invention Designs Design 74

Biswajit Sarkar Copyright Blog

SEPTEMBER 27, 2023

August 22, 2023, the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, proposed the Patents (Amendment) Rules, 2023. This set of amendments if accepted has the potential of altering the entire patent ecosystem of the nation.

Patent 52

Patent Invention Patent Application Designs 52

Selvam & Selvam Blog

AUGUST 24, 2023

The Ministry of Commerce and Industry has recently released The Draft Patents (Amendment) Rules 2023 for public comment. Proposed Change: A cumulative fee based on multiple criteria such as the type of application, specification length, number of claims, and the kind of examination requested. Proposed Change: Every three years.

Patent 52

Patent Invention Patent Application Inventor 52

LexBlog IP

JUNE 22, 2023

Interesting Patents | Nintendo and Pokémon Company’s New Patent Application by Founders Legal The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. Looking for more information on patents ?

Patent Application 52

Patent Application Patent Intellectual Property Technology 52

JD Supra Law

JULY 28, 2023

Patent and Trademark Office to reject patent applications directed to biotechnology-related inventions, held (In re Brana) that utility of such inventions did not require demonstration of therapeutic effectiveness, those determinations being the purview of the FDA.

Technology 98

Technology Invention Patent Application Trademark 98

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. In an attempt to invalidate these patents, Medtronic launched a succession of Inter Partes Review (IPR) petitions. Patent 7,736,355 (“Itou”) could be regarded as prior art.

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Invention Inventor Art Patent Application 70

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.

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Invention Patent Application Technology Law 52

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] In Thaler v.

Invention 52

Invention Inventor Patent Application Designs 52

Patently-O

JULY 9, 2024

by Dennis Crouch I recently provided a set of interesting data on the large number of patents that are “at risk” of being invalidated based on the Federal Circuit’s Cellect decision. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system. 4th 1216 (Fed.

Patent 106

Patent Invention Patent Application Art 106

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

Patent 52

Patent Patent Application Government Designs 52

Selvam & Selvam Blog

JUNE 7, 2024

In a recent ruling dated April 4, 2024, the Madras High Court addressed a significant issue regarding the procedural timelines in patent filings. The appellant, claimed to have invented a system and method for converting waste materials into reusable oil products. He filed a patent application on August 5, 2021.

Reporting 52

Reporting Patent Application Patent Intellectual Property 52

JD Supra Law

FEBRUARY 5, 2024

As part of the America Invents Act (“AIA”), Congress moved the patent system from a first-to-invent to a first-inventor-to-file system. For patents governed by the new first-to-file system, the Act also eliminated interferences, which are administrative priority contests before the PTAB.

Technology 63

Technology Invention Inventor Patent Application 63

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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Invention Patent Application Art Patent 52

Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? At the heart of this case lies a critical examination of the UK Patent Act 1977, specifically Section 13(2).

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Inventor Patent Law Invention Law 94

Intellectual Property Law Blog

JULY 31, 2023

UCB”) holds patents (the “Muller” patents, priority date in 1999) covering the active ingredient rotigotine in Neupro, a Parkinson’s medication administered via a patch on the skin. The Muller patents disclose ratios of rotigotine to PVP ranging from 9:1.5 In 2014, UCB sued Actavis for infringement of the Muller patents.

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Art Invention Patent Patent Application 130

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

Intellectual Property Law Blog

MAY 22, 2023

On May 18, 2023, the Supreme Court of the United States issued a unanimous decision in the case of Amgen Inc. After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. §

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Invention Art Inventor Patent 246

Intellectual Property Law Blog

AUGUST 1, 2023

Patent Application 15/131,442 (the “’442 Patent”) with claims directed to a method of increasing prostacyclin release in systemic blood vessels of a human to improve vasodilation and reduce hypertension. Background John L. Couvaras filed U.S. The Federal Circuit rejected this argument, relying on In re Montgomery , 677 F.3d

Art 130

Art Invention Patent Patent Application 130

SpicyIP

OCTOBER 20, 2023

Reengineering of the Requirement of Disclosure of Foreign Applications by the 2019 Patent Manual – on the requirement to disclose the corresponding foreign patent applications. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods. Hear Me Out!

Patent Application 64

Patent Application Designs Design Invention 64

LexBlog IP

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.

Patent 52

Patent Patent Application Invention Advertising 52

Intellectual Property Law Blog

JULY 25, 2023

This case addresses requirements to correct inventorship of a patent. Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. Three months before filing the applications for the six patents, Ragner held a meeting to seek investors, which included Berardi.

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Inventor Designs Design Invention 130

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Rosemount Inc.

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Trademark Invention Patent Art 108

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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Invention Art Patent Law Law 65

JD Supra Law

MAY 19, 2023

21-757: This case addressed the Patent Act’s “enablement” requirement—the provision that requires a patent applicant to describe the invention “in such full, clear, concise, and exact terms as to enable any person skilled in the art.to make and use the [invention].”. Sanofi, No. By: Dorsey & Whitney LLP

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Invention Patent Application Patent 55