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”). The ‘498 Patent is directed to a two-step process for cooking bacon pieces. Also, Howard was not named as an inventor.

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Inventor Invention Art Patent 52

Patently-O

MAY 18, 2023

The Court held that Amgen’s patent claims were invalid due to a lack of enablement, as they failed to provide adequate guidance for making and using the claimed antibodies. — (2023) ( 21-757_k5g1 ). Sanofi case, while significant, may not come as a surprise to those familiar with the evolution of patent law.

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Patent Law Law Patent Invention 122

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. Everyone agrees that issue is not patent law specific. by Dennis Crouch. Arunachalam v.

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Patent Law Law Patent Invention 126

SpicyIP

DECEMBER 22, 2023

Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. student at National Law University, Delhi. Stephen Thaler, a US-based computer scientist had filed for patent protection of the AI-generated inventions in multiple jurisdictions, including India, in 2019.

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Invention Inventor Patent Registration 59

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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Business Inventor Patent Licensing 98

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.

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Registration Intellectual Property IP Patent Drafting 78

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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Patent Editing Inventor Patent Application 124

Patently-O

MAY 10, 2024

by Dennis Crouch In a recent post , I discussed major proposed changes to terminal disclaimer practice that could significantly impact the landscape of patent law. utility patents bound by a terminal disclaimer. At the same time, the number of patents issued per year has also more than doubled.

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Patent Inventor Patent Law Publishing 52

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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Patent Patent Prosecution Invention Inventor 126

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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Inventor Ownership Invention Patent 75

The IPKat

MAY 19, 2024

The prior art is any disclosure, written or oral, made available to the public before the filing date of the patent (with some grace period exceptions in certain jurisdictions for disclosures made by the inventor). Under existing patent law, the patentability of such an invention would require the patent claim to be purpose limited.

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The IPKat

AUGUST 4, 2024

If they are to be named an inventor, a natural person's contribution to an AI-assisted invention must relate to a particular solution to a specific problem giving rise to the claimed invention ( IPKat ). A closer look at the USPTO Guidance for AI-Assisted Inventions (July 2024)

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Invention Inventor Patent Journalism 70

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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Law Patent Settlement Inventor 52

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.

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Patent Invention Art Inventor 101

The IPKat

OCTOBER 31, 2024

If the patent application was filed too early it may not therefore cover the eventual clinical lead and worse, may become citable prior art against a subsequent filing. As patent law currently stands, pursuing a patent based solely on AI-modelling data would be a brave decision indeed.

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IP Patent Application Technology Patent Drafting 56

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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IP Invention Intellectual Property Inventor 40

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. So for those beloved folks, this article in Cycling Weekly will really hit the spot.

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IP Intellectual Property Law Law Invention 64

IP Watchdog

FEBRUARY 12, 2024

The USPTO issued a call for comments on AI inventorship in February 2023.

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Invention Patent Law Patent Trademark 64

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. When EL filed his patent application, he named himself as the sole inventor. However, he is now questioning whether Jane or Lisa should also be listed as inventors. What do you think?

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Patent Law Law Patent Patent Application 78

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. pesticides). It is here that the effect of Brexit is most noticeable.

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Law Editing Patent Intellectual Property 60

Patently-O

JUNE 27, 2024

As the Supreme Court’s 2023 year draws to a close, the court has denied certiorari in the vast majority of IP related cases, with the Dewberry trademark damages case left as the only IP case granted certiorari. Seven petitions remain undecided and the court will pick them up again when it begins the 2024 term in late September.

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IP Inventor Patent Infringement Patent 40

The IPKat

JUNE 10, 2024

A mean-plus-function claim in US patent law is a category of claim that recites means for performing a function without structurally defining the means. For written description, an inventor will be able to quickly produce more examples with which to describe the invention.

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Invention Art Patent Law Law 64

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. Full patent examination in Switzerland: quo vadis?

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Patent Patent Application Invention Intellectual Property 133

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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False Advertising Advertising Advertising Patent 59

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. Moreover, enablement and written description requirements have clamped down on MPF-style functional claims. For example, in Amgen v.

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Invention Patent Application Technology Patent 64

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. By Chris Holman Sanofi-Aventis Deutschland GMBH v. Mylan Pharms Inc. 4th — (Fed.

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Art Patent Invention Inventor 45

LexBlog IP

AUGUST 28, 2023

In view of this ruling, patent practitioners should endeavor to explain sufficiently in the written description the specific aspects of how machine learning features (and other computer-implemented invention features) operate in order to demonstrate sufficient enablement. Patent Law (specifically 35 U.S.C. § § 112(a)).

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Invention Patent Application Art Patent 52

The IPKat

DECEMBER 22, 2023

This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patent application. Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything? Use of large language models in the patent industry: A risk to patent quality? EPO maintains ST.26

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Invention Inventor Patent Law 108

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. 243 (1976).

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Patent Intellectual Property Law Intellectual Property Law 40

The IPKat

MAY 31, 2023

Enablement and Written Description In US patent law, there are two distinct sufficiency requirements: enablement and written description. The claimed invention was equated to successful combinations of a combination lock, where the inventor had disclosed 26 successful combinations, whilst claiming all possible combinations.

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Invention Patent Patent Law Law 92

Kluwer Copyright Blog

SEPTEMBER 6, 2023

8 ) enables the enactment of copyright and patent law by granting Congress the authority to “ promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. ”. In addition, the US Constitution ( U.S.

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Art Copyright Registration Artwork 62

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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Invention Inventor Patent Publishing 73

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. Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

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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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Fish & Richardson is proud to announce the elevation of 15 attorneys to principals at the firm, effective January 1, 2023. Our 2023 principal class represents the breadth of talent and diversity that we strive for at Fish,” said Kristine McKinney , chief operating officer of Fish. Joel Henry (Washington, D.C.),

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Intellectual Property Journalism Intellectual Property Law Litigation 52

LexBlog IP

DECEMBER 26, 2023

Patents In 2020, over 80,000 utility patent applications involved AI, and nearly 20% of all utility patent applications these days involve AI in some way. 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?

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Designs Design Trademark Copyright 52

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

IP 52

IP Intellectual Property Social Media Cease and Desist 52