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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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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Patently-O

JULY 17, 2024

As if on cue, the Office has released a new set of updated guidelines – focusing on Artificial Intelligence related inventions and including three new examples. The USPTO continues to be open to issuing patents on AI inventions, including the use of AI. However, there must be a technical solution to a technical problem.

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Intepat

DECEMBER 25, 2024

The Patent Amendment Rules, 2024, represent a significant overhaul of the Indian patent system, aimed at enhancing efficiency, transparency, and accessibility. Key Changes to Patent Amendment Process The Patent Amendment Rules, 2024, introduce several critical changes designed to improve the overall patent amendment process.

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The IPKat

JULY 30, 2024

According to the USPTO guidance for AI-assisted inventions , AI has the potential to solve some of society's most difficult challenges. How then are AI-generated inventions to be protected? The USPTO's guiding principles for AI-assisted inventions The Federal Circuit in Thaler v. Vidal ( 43 F.4th 4th 1207, 1213 (Fed.

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SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. Do you think this move will help in grievance redressal?

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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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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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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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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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IP Watchdog

NOVEMBER 17, 2024

On November 5, 2024, I received an official copy of U.S. Design Patent #D1,050,634 from the U.S. Design Application #29888619, titled “Rope Throw Dog Toy” on September 18, 2024, and the patent was issued on November 5, 2024. Patent and Trademark Office (USPTO). I received a Notice of Allowance for my U.S.

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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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SpicyIP

NOVEMBER 11, 2024

Highlights of the Week Logical Fallacy in Patent Law: Analysing Abolkheir’s Challenge to the Soundness of Non-obviousness Test In his recent work, Dr. Mo Abolkheir argues that the ‘inventive step’ understanding in the patent law is flawed as it places an emphasis on the inventor’s imaginative capacity rather than the invention itself.

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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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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.

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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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The IPKat

NOVEMBER 10, 2024

Over to Peter : "In a GuestPost three months ago I shared some thoughts on the recent Court of Appeal decision in Comptroller - General of Patents, Designs and Trade Marks v Emotional Perception AI Limited [2024] EWCA Civ 825. The list of non-inventions in Art. 52(2) EPC is now more than 50 years old. Another 50 years?

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SpicyIP

JULY 22, 2024

Mini Pushkarna on 4 July 2024 passed an order in Phillip Morris Products SA v. Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” The single judge bench of the Delhi High Court comprising of J.

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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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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

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

OCTOBER 21, 2024

Assistant Controller of Patents & Designs, holding that methods for producing antibodies through the genetic modification of non-human animals are indeed patentable. Tejaswini Kaushal analyzes the judgment and the broader trends of the courts in interpreting the scope of Section 3(i) of the Patent Act 1970. Mohammad Anas vs State Of U.P.

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SpicyIP

JULY 29, 2024

Highlights of the Week Gone Up In Smoke: Analysing the Controller’s Rejection of an E-cigarette Patent under Section 3(b) Image from here The DHC recently accepted an appeal against the IPO order rejecting an invention related to E-Cigarettes for being contrary to public order and morality. See below for the details. Glenmark Pharma Ltd.

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SpicyIP

SEPTEMBER 29, 2024

on 23 August, 2024 (Delhi High Court) Image from here The plaintiff, proprietor of “HEALTH OK” trademark, accused the defendants of selling products under the confusingly similar mark “ALL OK+.” It observed that the Controller erred in determining novelty by failing to distinguish the specific features of the invention from the prior art.

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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 69

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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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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IIPRD

OCTOBER 7, 2024

The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artistic works, design, symbols, names, and images used in the business. Indian Patent (Amendment) Rules, 2024 which aims to rationalize the patent application process and reduce the burden of the compilation and accelerate actions.

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SpicyIP

OCTOBER 19, 2024

In an intriguing analysis by the Madras High Court (MadHC) on 26 September 2024 in the case of Kymab Limited v. Assistant Controller of Patents & Designs , the court set aside the rejection of Kymab Limited’s patent application by the Assistant Controller. Controller General of Patents , ( Delhi High Court June 2024).

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LexBlog IP

FEBRUARY 15, 2024

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention.

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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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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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LexBlog IP

FEBRUARY 2, 2024

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. Under the current Standard, the range of applicable prior art combinations in design cases is limited. 2d at 391).

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SpicyIP

OCTOBER 14, 2024

Shoe on 23 September, 2024 (Delhi District Court) The plaintiff sought a permanent injunction against defendants for infringement and passing off. on 13 September, 2024 (Delhi High Court) The Plaintiff sought the cancellation of the trademark “KONVIO NEER” registered by the Respondent. Mrs Arti Gupta & Anr.

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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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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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Indiana Intellectual Property Law

DECEMBER 13, 2024

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