U.S. Department of Commerce

AUGUST 14, 2024

Patent and Trademark Office (USPTO) will host Invention-Con 2024: Expanding your intellectual property potential. This free event provides resources and access to independent inventors, entrepreneurs, and small business owners whose success depends on guarding their creative work. Participate in activities for all ages.

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Invention Inventor Intellectual Property Trademark 75

The IPKat

FEBRUARY 14, 2024

On 12 February 2024, the United States Patent and Trademark Office (USPTO) announced with a press release the publication of its Inventorship Guidance for AI-Assisted Inventions (Guidance). The Guidance has been published and will be effective from 13 February 2024.

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Invention Publishing Inventor Design 84

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 natural person can then be named an inventor on the patent application.

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Inventor Invention Designs Design 78

JD Supra Law

FEBRUARY 26, 2024

As directed by President Biden’s Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the AI EO), the United States Patent and Trademark Office (USPTO) released its Inventorship Guidance for AI-Assisted Inventions (Guidance) on February 12, 2024.

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Inventor Invention Patent Trademark 63

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

JD Supra Law

MAY 21, 2024

On May 16, 2024, the Tokyo District Court (the “Court”) found that an artificial intelligence (“AI”) that autonomously generated an invention cannot be recognized as the inventor of that invention. The Court also expressed its hope that the legal issues addressed in the case would be settled through future legislation.

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Inventor Invention Patent 61

Intellectual Property Law Blog

FEBRUARY 28, 2024

200, passed in 1980, streamlined and relaxed federal government policy regarding patent rights to inventions developed with federal grant money. The funding agency obtains a license to “subject inventions,” which is defined as “any invention. . . The invention of the patent at issue in the case ( U.S. 35 U.S.C. §

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Licensing Invention Inventor Government 130

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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Invention Inventor Patent Patent Application 57

JD Supra Law

APRIL 22, 2024

On April 17, 2024, I had the honor of moderating an online panel entitled “Promoting Inventor Equity in Patenting”—part of the OHSU Innovates series hosted by the OHSU Technology Transfer office and OHSU Collaborations and Entrepreneurship team. By: Schwabe, Williamson & Wyatt PC

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Inventor Patent Invention Technology 61

IP Close Up

JANUARY 3, 2024

IP CloseUp, weekly perspective on intellectual property trends and business, broke through 392,000 views and 272,000 visits in 2023, on its way to 400,000 plus Continue reading

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Intellectual Property IP Inventor Invention 89

Patently-O

APRIL 25, 2024

The Initiative will be hosting its second conference at Emory University Law School in Atlanta on Friday, September 20, 2024. And which innovators become inventors? of inventors. What explains this innovator-inventor gap , the reduced rate at which underrepresented innovators become inventors?

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Inventor Invention Patent Patent Application 64

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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Patent Patent Application Invention Intellectual Property 52

Patently-O

JUNE 23, 2024

— (June 20, 2024), a case focusing on the constitutionality of the Mandatory Repatriation Tax (MRT). For Thomas, judicial invention is a synonym to judicial activism and antithetical to his approach that looks primarily to historic preservation, especially when interpreting the U.S. 1221 (2024) (Thomas, J., Constitution.

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Invention Inventor Patent Licensing 45

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.

Invention 52

Invention Inventor Patent Patent Application 52

The IPKat

AUGUST 13, 2024

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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Patent Editing Inventor Patent Application 127

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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Invention Inventor Patent Application Design 52

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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Invention Inventor Intellectual Property Law Intellectual Property 52

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 Design 72

Patently-O

FEBRUARY 26, 2023

Does it matter whether the person doing the using is a member of the public, as opposed to the inventor? Most cases of “public use” have involved use by at least one member of the public—“a person other than the inventor who is under no limitation, restriction or obligation of secrecy to the inventor.” forthcoming 2024).

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Public Use Inventor Invention Art 92

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.

Invention 52

Invention Inventor Patent Patent Application 52

IP Watchdog

OCTOBER 6, 2024

Patent and Trademark Office (USPTO) issued a 2024 Guidance Update on patent subject matter eligibility (SME), including on artificial intelligence (AI). This update complements the guidance that the USPTO issued in February 2024 regarding patent inventorship and AI-assisted inventions. On July 17, the U.S.

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Invention Intellectual Property Trademark Patent 59

LexBlog IP

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention. On February 13, 2024, the U.S. On February 13, 2024, the U.S. 101 and 115.

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Invention Inventor Patent Application Patent 52

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. The claimed invention contained the sensor service which was absent in the prior art.

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Invention Art Designs Design 111

SpicyIP

OCTOBER 29, 2024

Malladi Drugs: Madras High Court Clarifies the Extent of Burden of Proof in Matters concerning Patent Revocation By Bhuwan Sarine On 4 October, 2024, a Single Judge Bench of the Madras HC issued an order rejecting a revocation petition filed by Embio Ltd. Thus, all three elements of ‘inventive step’ under s. Petitioner”) under s.

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Invention Art Patent Intellectual Property Law 105

JD Supra Law

FEBRUARY 14, 2024

12, 2024, regarding the use of artificial intelligence (AI) while developing new inventions. Court of Appeals for the Federal Circuit previously held that an AI system cannot be named as an inventor on a patent, but its opinion left open the…. Patent and Trademark Office (USPTO) issued new guidance on Feb.

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Inventor Invention Trademark Patent 63

The IPKat

JUNE 10, 2024

Nonetheless, with limited avenues available for broad antibody inventions in the US, Chamberlain suggests that means-plus-function language is worth a shot. The written description requirement necessitates the invention to be adequately described in the specification. Furthermore, the question of enablement was not reviewed.

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Invention Art Patent Law Law 69

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.

Intellectual Property Law 69

Intellectual Property Law IP Invention Patent Law 69

The IPKat

FEBRUARY 20, 2024

Anna Maria Stein updated readers on the USPTO's new Inventorship Guidance for AI-Assisted Inventions. The Guidance will assist examiners to determine whether a natural person’s contribution in AI-assisted inventions is significant enough to be considered an inventor.

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Moral Rights Intellectual Property Editing Inventor 69

SpicyIP

OCTOBER 9, 2024

The “patent of addition” in India is a crucial mechanism for protecting improvements or modifications to existing inventions. Unlike standard patents, which cover entirely new inventions, patents of addition enable inventors to safeguard their enhancements while the original patent remains protected.

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Patent Invention Reporting Inventor 104

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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Invention Inventor Patent Journalism 75

Intepat

OCTOBER 6, 2024

Patents , as a vital form of intellectual property (IP), safeguard these innovations, providing inventors and businesses exclusive rights to their inventions while promoting the dissemination of knowledge. As we move through 2024, several key patent trends are reshaping the future of innovation.

Patent 52

Patent Intellectual Property Inventor Technology 52

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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The IPKat

DECEMBER 22, 2023

Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed?

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Invention Inventor Patent Law 112

IIPRD

OCTOBER 7, 2024

The legal frameworks surrounding IP, including the patents, trademarks, copyrights, and business enigmas bargain the startups the aptitude to protect their intellectual assets, ensuring their thoughts and the inventions are lawfully saved from unlawful use or imitation. The Startups have filled more than 12000 applications between 2016-2024.

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Intellectual Property Government Invention Brands 98

Patently-O

MAY 24, 2023

Bagley , Asa Griggs Candler Professor of Law, Emory University School of Law, co-inventor, and Principal, Diversity Pilots Initiative. Watch her video for Invent Together , entitled Challenges Encountered as a Diverse Inventor.

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Inventor Intellectual Property Invention Blogging 85

Patently-O

SEPTEMBER 30, 2024

by Dennis Crouch On September 30, 2024, the Supreme Court held its long conference, and considered whether to grant certiorari in a number of pending patent cases, including the eligibility-focused petition in Eolas v. As we await the outcome of that conference, I wanted to highlight another new elitibility petition. This one in Plotagraph v.

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Patent Invention Inventor Technology 59

Patently-O

MAY 21, 2024

May 21, 2024) (en banc). In utility patents, the test for analogous arts has two prongs, with the reference qualifying as prior art if either prong is met: Whether the prior art is from the same field of endeavor as the claimed invention, regardless of the problem addressed by the reference. GM Global Tech. Operations LLC , No.

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Design Patent Designs Design Patent 119