Intellectual Property Law Blog

JULY 26, 2023

Background Hormel Foods appealed the District Court’s ruling that David Howard should be added as a joint inventor on its patents. Issue Whether Mr. Howard is a joint inventor based on the significance of his alleged contribution. Howard’s contribution is “recited only once in a single claim” of the patent-at-issue.

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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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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? Uniquely, he declared that he was not the inventor; instead, he attributed the creations to his AI system named DABUS.

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IP Watchdog

MAY 10, 2023

On Tuesday, the European Patent Office (EPO) announced the 12 inventors and inventor teams that have been selected as finalists for the 2023 European Inventor Award. An independent jury of former European Inventor Award finalists used their expertise to select this year’s finalists.

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JD Supra Law

JANUARY 8, 2024

The United Kingdom Supreme Court (the ultimate appeal level in the UK legal system) has ruled in a decision of 20 December 2023 that an artificial intelligence (“AI”) system cannot be identified in a patent application as the inventor. By: Dorsey & Whitney LLP

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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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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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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.

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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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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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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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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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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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Intellectual Property Law Blog

OCTOBER 24, 2023

This case addresses how Patent Term Adjustment (PTA) interacts with obviousness-type double patenting (ODP). for infringement of four patents. Subsequently, Samsung requested four ex parte reexaminations asserting that the patents were unpatentable based on ODP, which was not raised by the examiner during prosecution.

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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 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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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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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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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 73

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. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

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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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The IPKat

DECEMBER 22, 2023

PatKat reviewing the year It is time once more for the IPKat patent year in review! At the very least, LLMs have substantially lessened the burden of sourcing cat-themed patent blog illustrations. This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patent application.

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SpicyIP

AUGUST 6, 2021

To quickly recap the arguments, AstraZeneca claims that sale of Dapagliflozin violates not one but two of its patents: the genus IN 205147 (IN 147) which expired in October 2020, and the species IN 235625 (IN 625) set to expire in 2023. One invention, two patents? Quite like the order by Shakdher J., Coverage and Disclosure.

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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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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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Inventor Patent Application Patent Design 62

JD Supra Law

NOVEMBER 22, 2024

Attention, inventors, in-house counsel, and anyone with a vested interest in the world of intellectual property: the USPTO just issued its final rule for patent fees. This is a follow-up to the 2023 proposal—but with a slightly softer landing. By: Seyfarth Shaw LLP

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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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Patently-O

OCTOBER 16, 2023

by Dennis Crouch Impact of Sonos on Patent Prosecution : The recent Sonos v. 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. 6, 2023).

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IP Watchdog

FEBRUARY 28, 2023

Microsoft on Monday February 6, 2023, and the CAFC issued its opinion in the case this past Thursday. citizen, sued Xiaomi, a Chinese multinational corporation, for patent infringement in New York. Court of Appeals for the Federal Circuit (CAFC) in Maalouf v. This case has curious origins. In other words, a U.S.

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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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Intellectual Property Law Blog

AUGUST 30, 2023

This case is an appellate review of the district court’s findings regarding patent obviousness and priority date. Amgen also owns three patents — the ’638, ’101, and ’541 patents — covering Otezla. Issues Is the ’638 patent invalid as obvious given objective indicia of non-obviousness? Both Amgen and Sandoz appealed.

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Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. This year’s exam is very loosely based upon an interesting patent that I found associated with the Tow Whee product created by Eric Landis. After talking again with Jane, EL decided to patent the device. Question 3. What do you think?

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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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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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Olartemoure Blog

JULY 21, 2023

MULTI-CHANNEL BRAIN OR CORTICAL ACTIVITY MONITORING AND METHOD US 11,553,869 B1 Inventors: Stéphane Bibian, Tatjana Zikov Assignee: NeuroWave Systems Inc. Date of Patent: Jan. SYSTEM FOR VARIABLY CONFIGURABLE, ADAPTABLE ELECTRODE ARRAYS AND SOFTWARE US 11,633,595 B2 Inventor: Michael P. Date of Patent: Apr.

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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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