Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. May 21, 2024) (en banc). Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech.

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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. In Thaler v. 4] Based on U.S. 4] Based on U.S. 6] Section IV.A

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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). The Federal Circuit previously held that an AI system cannot be listed as an inventor in Thaler v. Simply owning or overseeing an AI system used in the creation of an invention. Vidal , 43 F.4th

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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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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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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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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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U.S. Department of Commerce

JUNE 21, 2024

Commerce's USPTO Announces National Strategy to Empower Innovators and Entrepreneurs from All Communities June 21, 2024 KCPullen@doc.gov Fri, 06/21/2024 - 12:19 Intellectual property New plan to increase diversity and participation in STEM, inventorship, and innovation The Commerce Department’s U.S. of all inventors named on U.S.

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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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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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The IPKat

MAY 20, 2024

Comments are due by 29 June 2024. Tian Lu updated readers on the fate of the DABUS patent applications in China, where the invalidity of the patent application was recently upheld on the grounds that an ‘AI system’ cannot be defined as the inventor. Details here.

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Patently-O

APRIL 21, 2024

2024), gives me pause to consider more general eligibility issues of AI Inventions. When does the design or creation of AI system elements qualify as an eligible invention? Therefore, that limitation could not supply the inventive concept required to transform the claims into patent-eligible subject matter.

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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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IPilogue

APRIL 22, 2022

The doctrine of equivalents prevents parties from circumventing literal infringement by making minor variations to a patented invention. For example, a patent could describe a bike with two wheels (bicycle), three wheels (tricycle), or four wheels (quadracycle) and then only claim the two-wheeled design. Doctrine of Specific Exclusion.

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The IPKat

MAY 19, 2024

Comments are due by 29 June 2024. The international standards for patentability require that an invention is novel and inventive in view of the prior art. Brave new world Alternatively, AI could be thought of as akin to a natural phenomena, from which isolating a chemical or structure may be considered an invention.

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Patently-O

APRIL 30, 2024

You might consider a technical paper from a conference which sketches out a conceptual gearbox design (but omits specific gear ratios and material specifications). That claim requires too much follow-on research work and so does not sufficiently disclose the invention.

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Patently-O

JUNE 26, 2024

2024-121 (Fed. June 25, 2024). Haptic is headquartered in Austin at the home of its longtime CEO and listed inventor Jake Boshernitzan. The patent and Knocki product are designed to expand touch interfaces beyond traditional touchscreens, potentially opening up new modes of interaction with smart devices and appliances.

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IP.com

MAY 15, 2024

Ever since the invention of the printing press in the 15th century, concerns and policies surrounding the integrity of copyright have evolved to adapt to the new circumstances, and in some situations, policy has evolved to govern the transfer of copyright from one medium to another. Copyright and IP law is not a new issue. LEARN MORE

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IP.com

APRIL 30, 2024

Ever since the invention of the printing press in the 15th century, concerns and policies surrounding the integrity of copyright have evolved to adapt to the new circumstances, and in some situations, policy has evolved to govern the transfer of copyright from one medium to another. Copyright and IP law is not a new issue. LEARN MORE

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LexBlog IP

FEBRUARY 7, 2024

12] Another question that has garnered significant attention relates to the patenting of an invention created by an AI system (and, similarly, the copyright in content created by AI). 13] Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49. [14] 2] Ibid , at para. 3] Ibid , at para. 5; see also paras.

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LexBlog IP

MARCH 11, 2024

Publish guidance to USPTO patent examiners and applicants addressing inventorship and the use of AI, including generative AI, in the inventive process and how inventorship issues ought to be analyzed; 2. 2] The guidance provides that AI-assisted inventions are not categorically unpatentable. 1] In section 5.2

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The IP Law Blog

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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LexBlog IP

FEBRUARY 26, 2024

The Guidance aims to clarify how patent applications involving AI-assisted inventions will be examined by patent examiners, and reaffirms the existing jurisprudence maintaining that only natural persons, not AI tools, can be listed as inventors. The USPTO is seeking public feedback on the Guidance, which is due by May 13, 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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Patently-O

MARCH 18, 2024

The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. The district court agreed, finding their contributions were significant to the conception of the claimed invention. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed.

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SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. The Court directed the NBA to determine whether the invention relates to biological resource with a reasoned order.

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Patently-O

APRIL 27, 2024

The new rule was announced on April 23, 2024 following a 3-2 vote by the FTC Commissioners (along party lines, with Democrats in the majority). It is set to take effect 120 days later (August 21, 2024). ” Zhaozhao He, Motivating Inventors: Non-Competes, Innovation Value and Efficiency 21 (2023). Chamber of Com.

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