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.

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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. an AI] prompt.

Invention 52

Invention Inventor Patent Patent Application 52

LexBlog IP

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115.

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Inventor Invention Patent Designs 52

SpicyIP

JANUARY 30, 2024

Seemingly to further these amendments, the Department for Promotion of Industry and Internal Trade (DPIIT) published the Draft Patent (2nd Amendment) Rules, 2024 on January 3, 2024. However, it does not clearly define their designation or qualification leading to substantial ambiguity.

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Patent Invention Blogging Government 104

JD Supra Law

JULY 24, 2024

On July 16, 2024, the United States Patent and Trademark Office (USPTO) released updated guidance on patent subject matter eligibility, focusing on artificial intelligence (AI). This update, effective from July 17, 2024, is designed to help USPTO staff and stakeholders assess the eligibility of AI inventions under 35 U.S.C. §

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Invention IP Designs Design 66

IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 1] The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. 4] Based on U.S. 5] Stated otherwise, a natural person (e.g.,

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Invention Inventor Patent Application Designs 52

LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). 2022), and this release provides guidance regarding the open question of human inventorship for inventions developed by a person working with the assistance of an AI system. Vidal , 43 F.4th 4th 1207 (Fed.

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The IPKat

FEBRUARY 13, 2024

The updated EPO Guidelines for Examination will enter into force on 1 March 2024. The main updates this year reflect the recent decisions from the Enlarged Board of Appeal (EBA) in G2/21 (Evidence standard for inventive step/plausibility) and G 1/22 (Entitlement to priority). A draft version of the Guidelines can be previewed here.

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Invention Art Inventor Designs 67

The IPKat

AUGUST 7, 2024

The IPKat is ready for your answers in our AI survey What inventions are deserving of patent protection? This is the question that has percolated through the London patent ranks following the recent Court of Appeal decision in Comptroller - General of Patents, Designs and Trade Marks v Emotional Perception AI Limited [2024] EWCA Civ 825.

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Invention Patent Patent Law Technology 64

The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. Diplomatic conferences are negotiating rounds where multilateral treaties are adopted or revised.

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Canadian Intellectual Property Blog

AUGUST 23, 2023

The Canadian Intellectual Property Office (“CIPO”) has announced that effective January 1, 2024, most official fees will be increasing by 25%. Significant CIPO Fee Increase Effective January 1, 2024, a one-time 25% fee increase will be implemented, impacting most patent, industrial design, trademark and copyright fees.

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Intellectual Property Patent Application Intellectual Property Law Designs 52

The IPKat

JULY 3, 2024

in Germany First of all, some hot-off-the-press news: the German Federal Court of Justice (BGH) has just published its decision on AI inventorship, substantially concluding that a human contribution (not necessarily inventive) is invariably needed, even for AI-generated inventions. For further information and to register, click here.

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Intellectual Property Law IP Patent Law Invention 64

SpicyIP

JUNE 25, 2024

Astral Design Infringement Case By Aarav Gupta The High Court of Bombay issued an ad-interim injunction in the design infringement complaint filed by Pidilite Industries Limited (“Pidilite”) against Astral Limited, on the 13th of June, 2024. How are Competing Designs Assessed?

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Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. 21, 2024) (question paraphrased). Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Columbia Sportswear N.

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Design Patent Art Designs Design 67

JD Supra Law

APRIL 8, 2024

In response to the rapidly evolving landscape of innovation and the integration of artificial intelligence (AI) into creative processes, the United States Patent and Trademark Office (USPTO) issued guidance effective February 13, 2024. By: Sunstein LLP

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Patent Invention Designs Design 66

Intellectual Property Law Blog

FEBRUARY 6, 2024

The America Invents Act created inter partes review in 2012. However, a recent decision by Federal Circuit Judge Bryson sitting by designation in the District of Delaware provides a valuable insight on how the issue may turn out. This article was originally posted to Law360. 35 U.S.C. § In Prolitec Inc.

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Patently-O

JUNE 24, 2024

Albright sitting by designation. = = = In his first appellate opinion, Judge Alan D. Albright of the Western District of Texas (sitting by designation at the Federal Circuit) authored the appellate court’s recent unanimous decision in Apple v. June 21, 2024). Omni MedSci decision authored by Judge Alan D. Omni MedSci , No.

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Designs Design Art Invention 57

The IPKat

AUGUST 13, 2024

ChatGPT was a revolutionary generative AI model designed to interpret and generate human-like text. 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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SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness.

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LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. Operations LLC. [1]

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Design Patent Designs Design Patent 52

The IPKat

MAY 20, 2024

The next day, LES is holding the full-day LES100 Training Course, “Commercialising IP through the Power of Licensing”, which is the introductory course in the Licensing Executives Society’s Intellectual Asset Management Series and it is designed for those who are relatively new to licensing. For more information and to sign up, click here.

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Intellectual Property Law Intellectual Property Licensing IP 60

SpicyIP

JULY 8, 2024

10 Days to the 2024 Shamnad Basheer Essay Competition Deadline! Another reminder for our eligible readers as only 10 days remain for the deadline of the 2024 Shamnad Basheer Essay Competition! It argued that the D1 and D3 teaches away from the invention and D5 was not relevant for the present case.

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Invention Art Trademark Patent Application 59

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

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False Advertising Invention Advertising Advertising 101

The IPKat

AUGUST 4, 2024

Updated Guidance for AI inventions: Step 2A, Prong 1 Prong 1 of Step 2A asks whether the claim in question is directed to "a judicial exception". The Guidance first notes that claims to AI inventions will often involve "abstract ideas" such as mathematical concepts, methods of organising human activity or mental processes.

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Intellectual Property Law Blog

FEBRUARY 13, 2024

February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection. 4th 1323 (Fed.

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LexBlog IP

JANUARY 30, 2024

The amended Regulations came into effect on 20 January 2024. Another area that sees substantial changes is the design system. While the 2020 amendment of the Patent Law allowed for partial design in principle, the amended Regulations provide more detailed requirements for the filing of applications for partial designs.

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Patent Invention Patent Law Designs 52

Patently-O

MARCH 11, 2024

5, 2024) ChewyvIBM. The second half of the post is what all patent prosecutors need to read because it delves into “magic language” – binding statements – in describing the invention. = = = Let’s start with eligibility of the ‘443 patent. International Business Machines Corp. 2022-1756 (Fed.

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Patent Application Advertising Advertising Patent 75

The IPKat

MAY 20, 2024

Comments are due by 29 June 2024. Rose Hughes evaluated the recent Board of Appeal decision (T 0629/22) that considered how the credibility/plausibility of a claimed invention should be addressed in the face of contradictory evidence for the technical effect relied on for inventive step. Details here.

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Invention Art Patent Application Inventor 60

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." 90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C.

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The IPKat

JULY 23, 2024

Antonios Baris released the greatest hit of summer 2024: The EleonORe Song. Patents and Designs Jocelyn Bosse reviewed the book Terrell on the Law of Patents , which was first published in 1884 by Thomas Terrell. Marcel Pemsel explored the recent case I-20 U 291/22 on the design for the housing of a car key.

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The IPKat

AUGUST 21, 2024

The patent at issue in T 1259/22 , although relatively old (expiring August 2024 with SPCs), nonetheless highlights some of the key challenges for cell therapy IP strategy. In contrast to product claims, process claims may be easier to design around and/or be more difficult to enforce. T 1057/22) (Aug 2024)

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Patent IP Invention Editing 86

Patently-O

JANUARY 28, 2024

That the invention was an important real-world manufacturing innovation was, as a factual matter, thoroughly established. That is, every objective indicium of inventiveness that this Court has identified was present in the technological, traditionally patent-eligible, setting of manufacturing lines. Ficep petition for certiorari.

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SpicyIP

MARCH 12, 2024

We are pleased to announce that the Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World Network are jointly organizing a workshop on ‘Patent Opposition in the Pharmaceutical Field’ between April 26-30, 2024. The last date to apply for the workshop is March 24, 2024. The last day to apply is: March 24th, 2024.

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SpicyIP

MAY 14, 2024

The Controller General of Patents & Designs , clarified that a working example does not define the patent’s scope. By Dhruv Vatsyayan The IPD of Delhi High Court, on March 13, 2024 in Bayer Pharm Aktiengesellschaft v. Examples must be included in the description, especially in the case of chemical related inventions.

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Invention Patent Application Patent Designs 59

The IPKat

FEBRUARY 14, 2024

With the WIPO Diplomatic Conference fast approaching in May 2024, this Kat considered how the proposal for a disclosure of origin requirement in patent applications for inventions based on genetic resources compares with the recent law reform efforts in Australia and India. This Kat is looking forward to seeing you in sunny Alicante!

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The IPKat

DECEMBER 23, 2023

Rose Hughes outlined the recent EPO Board of Appeal decision ( T 1356/21 ), which discussed the criterion of novelty for pharmaceutical dosage regimes and selection inventions, as well as the reliance on an unexpected technical effect for inventive step.

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Patently-O

JULY 18, 2024

July 18, 2024) , the Federal Circuit affirmed a district court’s judgment on the pleadings that the asserted claims of Miller Mendel’s U.S. ” I mentioned before, a straightforward path to a non-abstract invention is to identify a technical problem and then associate that with a technical solution. 2022-1753 (Fed.

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