JD Supra Law

MAY 2, 2024

Most inventors can attest to the surprise they felt upon learning that the United States Patent and Trademark Office (USPTO) likely will not respond to their first patent application for a couple of years after filing. Essentially, the program allows. By: Dickinson Wright

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JD Supra Law

MARCH 7, 2023

We previously discussed the UK Court of Appeal's judgment in Thaler v Comptroller-General of Patents, Trade Marks and Designs in December 2021 (Court of Appeal Judgment on Machine Inventors). Permission to appeal that judgment to the UK Supreme Court was granted on 12 August 2022 and an oral hearing was held on 02 March 2023.

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The IP Law Blog

NOVEMBER 9, 2023

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. 9,980,498 (the “’498 Patent”). Unitherm”), argued that it had rights to the patent because its president was an inventor and should be added to the patent. Iolab Corp.

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The IPKat

JULY 30, 2024

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". The natural person can then be named an inventor on the patent application. How then are AI-generated inventions to be protected?

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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

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Patent Application Inventor Patent Invention 71

JD Supra Law

NOVEMBER 3, 2023

On May 2, 2023, the U.S. that reversed a district court’s decision to grant plaintiff’s request to have their employee listed as an inventor, finding that HIP employee David Howard’s alleged contribution to U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in HIP, Inc. Hormel Foods Corp.

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The IPKat

DECEMBER 20, 2023

The UK Supreme Court has today handed down its decision Thaler v Comptroller [2023] UKSC 49. The outcome of this appeal turned on three issues: Issue 1 is the scope and meaning of ‘inventor’ in the 1977 Act. The judgment under appeal by the Court of Appeal was reported here.

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Olartemoure Blog

JUNE 23, 2023

In the case of submitting inventions that do not have a patent in force or pending, they may be submitted as long as they are completely innovative and have not been publicly disclosed. Finally, it should be noted that the registration form will be available until August 31, 2023 and can only be filled out through the link provided by SIC.

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Intellectual Property Law Blog

FEBRUARY 14, 2024

7,110,444 (the “’444 Patent”), which was directed to frequency translation technology as utilized in wireless local area networks (WLANs). ParkerVision sued Intel for infringement of the ’444 Patent and Intel filed a request for an IPR. ParkerVision filed a patent owner response citing, for the first time, U.S. 2022-1548, (Fed.

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JD Supra Law

JANUARY 5, 2024

On November 22, 2023, United States Magistrate Judge Victoria Reznik (S.D.N.Y.) provided some rare insight into “the applicability and scope of the attorney-client privilege as it relates to patent counsel.” Judge Reznik explained that the attorney-client privilege belonged to the assignee and not the inventor.

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JD Supra Law

JUNE 22, 2023

In Regeneron Pharmaceuticals, Inc v Canada (AG), 2023 FC 768, the Federal Court granted Regeneron’s application to add an inventor to its issued patent, which was the subject of pending litigation. By: Smart & Biggar

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IP Watchdog

DECEMBER 21, 2023

The patents granted by the U.S. Patent and Trademark Office (USPTO) tell the story of society’s innovative future. While the true value of a technological advance develops over time, the following selection of patents of 2023 represent meaningful advances in several emerging areas of technology.

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Patently-O

APRIL 26, 2023

Though the patent system exists to promote innovation, it also serves to promote inventors and innovators. For more visit, For more stories, and to add your own story , visit the “Inventor’s Diary” at www.diversitypilots.org. What did becoming an inventor mean to you? ” – Sujesha S., ” – Sujesha S.,

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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. Who are OpenAI?

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IP Watchdog

DECEMBER 27, 2023

The most significant development in IP in Europe in 2023—indeed arguably the most significant in nearly 30 years—was the launch of the Unitary Patent and Unified Patent Court on June 1. The full implications of this are explored here. Beyond the UP and UPC, however, there were a number of.

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Intellectual Property Law Blog

OCTOBER 6, 2023

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § patent system from a first-to-invent system to a first-to-file system.

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JD Supra Law

MAY 8, 2023

On April 23, 2023, the US Supreme Court denied a petition for certiorari filed by Stephen Thaler, following the US Court of Appeals for the Federal Circuit’s finding that Thaler’s artificial intelligence system — Device for the Autonomous Bootstrapping of Unified Science (DABUS) – could not be considered an “inventor” under the Patent Act and thus (..)

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JD Supra Law

FEBRUARY 15, 2024

Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed. By: Sheppard Mullin Richter & Hampton LLP

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LexBlog IP

MAY 31, 2023

part of a patent claim), does the AI system need to be listed as an “inventor”? patent law, an inventor is one who contributes to the conception of at least one claim element of a given patent claim (i.e., patent law. patent law. Conception is important because, at least under U.S.

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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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IP Tech Blog

APRIL 25, 2023

Every year, on April 26, intellectual property organizations around the world observe “ World IP Day ” – an event established by the World Intellectual Property Organization (WIPO) to raise awareness of patents, copyrights, designs, and trademarks, and to celebrate the creativity and contributions of inventors, authors, artists and entrepreneurs.

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LexBlog IP

NOVEMBER 9, 2023

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. 9,980,498 (the “’498 Patent”). 9,980,498 (the “’498 Patent”). The ‘498 Patent is directed to a two-step process for cooking bacon pieces.

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The IP Law Blog

MARCH 30, 2023

The United States Patent and Trademark Office (“USPTO”) has reduced the patent fees for small businesses and certain other applicants. 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.

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Barry Sookman

DECEMBER 23, 2023

Artificial intelligence (AI) systems and in particular generative AI (GenAI) systems have raised the question as to whether technical advances in the useful arts or synthetic content generated using these tools can qualify for patent or copyright protection. The Thaler and SURYAST decisions appeared first on Barry Sookman.

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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. While, the patent provides a strong security, it is essential to be aware of its geographical limitations.

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Selvam & Selvam Blog

AUGUST 24, 2023

The Ministry of Commerce and Industry has recently released The Draft Patents (Amendment) Rules 2023 for public comment. Introduction of Form-31: Purpose: To claim that a patent application isn’t anticipated by prior public display. Verification if the display was with the true inventor’s consent.

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IP Watchdog

FEBRUARY 1, 2023

Last October, the United States Patent and Trademark Office (USPTO) issued a Request for Comments on USPTO Initiatives To Ensure the Robustness and Reliability of Patent Rights. Responses to this request are due by this Thursday, February 2, 2023. We need patents that are respected when they are issued. 2) Flexibility.

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JD Supra Law

MAY 9, 2023

May 2, 2023) In its only precedential patent opinion this week, the Federal Circuit reversed a district court determination that David Howard should be added as a joint inventor on appellant Hormel’s U.S. Accepting the facts of Mr. Howard’s contribution, the Court relied entirely on the disclosures of the ’498 patent itself to.

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Inventor Patent 52

JD Supra Law

MARCH 15, 2024

On December 20, 2023, the UK Supreme Court dismissed Dr. Stephen Thaler’s appeal from the Court of Appeal (England and Wales), finding that AI cannot be an inventor because an inventor must be a natural person1. This issue has yet to be addressed in Canada. By: Smart & Biggar

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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.

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IP Watchdog

MAY 17, 2023

And the similarly savory subject of who must be named inventor on a bacon patent was the issue in the recent case of HIP, Inc. May 2, 2023). HIP claimed that one of its employees materially contributed to the invention of Hormel’s patent on methods for precooking bacon. Hormel Foods Corp., 2022-1696 (Fed.

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JD Supra Law

JUNE 1, 2023

May 24, 2023) In this week’s Case of the Week, a split panel of the Federal Circuit considered issues pertaining to reduction to practice and inventor corroboration as pertained to various related pre-AIA patents owned by appellee Teleflex and directed to guide extension catheters for use in coronary arteries. Appeal Nos.

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Intellectual Property Law Blog

JUNE 23, 2023

On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023 , which seeks to clarify the jurisprudence surrounding 35 U.S.C. § A mental process performed solely in the mind of a human being. An unmodified human gene, as that gene exists in the human body.

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IP Tech Blog

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.

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Patently-O

AUGUST 29, 2023

July 13, 2023). The case offers a few key takeaways for entrepreneurs delving into the patent system. Background : William Taylor and his business partner developed a software application called SafeCell and assigned the patent rights to their startup company W2W. They hired Hunton AK to handle the patent application process.

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Inventor Patent Application Business Ownership 64

JD Supra Law

JANUARY 4, 2023

While the Court of Appeals for the Federal Circuit made clear this year that only humans can be inventors and that an AI program itself cannot obtain a patent (see our prior coverage of Thaler v. Vidal ), this in no way means that AI-assisted inventions are not patentable. By: MoFo Tech

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JD Supra Law

MARCH 1, 2023

After centuries of issuing paper patents to inventors, the U.S. Patent and Trademark Office will soon transition to only electronic issuance, with patent holders able to receive a printed “ceremonial” copy to display proudly if they wish. By: Procopio, Cory, Hargreaves & Savitch LLP

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