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 112

Patently-O

JANUARY 7, 2023

I just gave a short (45 min) talk about the past year in patent law. See the slides here: Patent Year in Review. Patents as Commodity : Many folks are treating it as such. Who is the Inventor : AI and Corporation as the inventor. Vidal cert petition likely in January 2023. by Dennis Crouch.

Patent Law 56

Patent Law Law Patent Inventor 56

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.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

JD Supra Law

SEPTEMBER 26, 2023

There has been, since the turn of the century, a steady, seemingly inexorable trend towards limiting patent rights and focusing the application of U.S. patent law towards an emphasis on preventing innovators from obtaining patent rights broader than the minimum to which they may be entitled.

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Inventor Patent Law Patent Law 70

Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. So, although these designers are often design patent inventors, they have been prohibited from becoming patent practitioners.

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Design Patent Designs Design Graphic Design 111

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

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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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

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

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 103

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 requires all inventor(s) to be listed.

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Inventor Patent Application Invention Patent 40

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

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 IP Law Blog

DECEMBER 21, 2023

Every year, I write about patents that have to do with Christmas. Here are a few I have found, some of which were issued in 2023 and others of which are older. Design patent D990,096 is a rather strange patent entitled “Elf Hand.” The design looks like a prickly glove with four claws on the end of a round dowel.

Inventor 113

Inventor Design Designs Design Patent 113

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. ,

Patent Law 52

Patent Law Law Patent Invention 52

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

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). Whether “inventor” under the Act includes machines like DABUS.

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Invention Inventor Patent Ownership 64

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

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

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 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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Patent Art Invention Patent 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 103

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

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

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 69

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 69

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 64

Patently-O

MAY 17, 2024

Although not directly related, the Supreme Court’s May 18, 2023 decision in Amgen v. Even before the decision, biotech -focused patent attorneys have been searching for ways to capture their clients innovations with broad enough coverage. 2023-2048 (Fed. ” In re Xencor, Inc. , ” quoting Ariad Pharms.,

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Invention Patent Inventor Patent Application 89

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

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 93

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 78

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

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 72

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

SpicyIP

AUGUST 30, 2021

The second prize goes to Devangini Rai, from University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University (batch of 2021), for their essay titled, ‘Infringement of Publicity Rights: An Intellectual Property Approach.’ Thus, she notes that regular training for judges on the technical subject matters is crucial.

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Non-Fungible Tokens Fair Use Advertising Advertising 105

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

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