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Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

Patently-O

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. ยง GM Global Tech.

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When is the inventor of an AI model also an inventor of the model's output? A closer look at the USPTO Guidance for AI-Assisted Inventions

The IPKat

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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WIPO General Assembly moves to diplomatic conferences on designs and traditional knowledge associated with genetic resources

The IPKat

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. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Copyright: WIPO.

Designs 114
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Monday Miscellany

The IPKat

The next day, LES is holding the full-day LES100 Training Course, โ€œCommercialising IP through the Power of Licensingโ€, which is the introductory course in the Licensing Executives Societyโ€™s Intellectual Asset Management Series and it is designed for those who are relatively new to licensing. To sign up, click here.

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CIPO Fees to Increase by 25% in 2024 and Expansion of the Definition of โ€œSmall Entityโ€

Canadian Intellectual Property Blog

The Canadian Intellectual Property Office (โ€œCIPOโ€) 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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Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination?

SpicyIP

Discussing the Delhi High Court’s Microsoft Technology Licensing v. 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 โ€˜person skilled in the artโ€™ (โ€˜PSITAโ€™) in determining non-obviousness.

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OpenAI's granted large language model (LLM) patents

The IPKat

ChatGPT was a revolutionary generative AI model designed to interpret and generate human-like text. The most obvious reason would be that OpenAI intends to enforce its patents and/or to use them as negotiating chips in licensing negotiations. At the moment, we can only speculate why this may be the case.

Patent 124