2024, Invention, Licensing and Patent Law - Intellectual Property Pulse

[Guest post]: The proportionality test in European patent law

The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed.

Patent Law

Patent Law Law Patent Invention

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

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. However, in the patent realm, the USPTO also believes that "inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity".

Inventor

Inventor Invention Designs Design

Covenant to not sue “at any time” terminated with the license agreement

Patently-O

FEBRUARY 29, 2024

provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue. Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.”

Licensing

Licensing Contracts Patent Law Patent

OpenAI's granted large language model (LLM) patents

The IPKat

AUGUST 13, 2024

The most obvious reason would be that OpenAI intends to enforce its patents and/or to use them as negotiating chips in licensing negotiations. It is also clear from the public databases that OpenAI is pursuing global protection, however these patent applications have not yet been published or granted.

Patent

Patent Editing Inventor Patent Application

The long-awaited amendments to the PRC Patent Implementation Regulations have finally arrived

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). The amended Regulations came into effect on 20 January 2024. An important change brought about by the Regulations that may affect every PRC patent practitioner is the abandonment of the 15-day postal rule.

Patent

Patent Invention Patent Law Designs

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

Reporting

Reporting Non-Fungible Tokens IP Intellectual Property

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

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. This is referred to as a proposed new ‘patent disclosure requirement’. International License. Copyright: WIPO. Photo: Emmanuel Berrod.

Designs

Designs Design Intellectual Property Licensing

What’s in a Missing Name? Some Questions Around the Covaxin Patent Application

SpicyIP

JUNE 29, 2024

The Exclusion of ICMR from the Patent Application Last weekend, a series of unusual developments regarding the Covaxin patent (Patent Application Number: 202041007559) generated significant buzz. According to the Patent Rules, there is a 48-month window to request an examination.

Patent Application

Patent Application Inventor Patent Intellectual Property

SpicyIP Weekly Review (March 4-March 10)

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

Trademark

Trademark Registration Copyright Patent

Sitting By Designation, Judge Albright Pens First Federal Circuit Opinion Vacating PTAB Decision for Failing to Consider Petitioner’s Reply Brief Claim Construction Arguments

Patently-O

JUNE 24, 2024

June 21, 2024). The Board invalidated some claims of the ‘484 patent, but concluded some claims were “not proven unpatentable.” ” I have not been able to discern what that really means vis-a-vis the invention. Omni MedSci , No. 23-1034 (Fed. But that argument did not carry the day.

Designs

Designs Design Art Invention

Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent.

Patent

Patent Patent Application Government Reporting

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

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). Design Patent No. GM Global Tech. Operations LLC , No. 21-2348, slip op. at 15 (Fed.

Design Patent

Design Patent Designs Design Patent

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

Reporting

Reporting Non-Fungible Tokens IP Intellectual Property

SpicyIP Weekly Review (April 29- May 05)

SpicyIP

MAY 6, 2024

Novartis appeal and the MHC’s decision in Microsoft Technology Licensing v. Controller of Patents. The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Anything we are missing out on?

Trademark

Trademark Invention Licensing Patent

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

Trading Secrets

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. The Order calls on the U.S. Copyright Office and U.S.

Copyright

Copyright Intellectual Property Fair Use IP

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

LexBlog IP

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. The Order calls on the U.S. Copyright Office and U.S. § 101.

Copyright

Copyright Intellectual Property Fair Use IP

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

LexBlog IP

NOVEMBER 1, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. The Order calls on the U.S. Copyright Office and U.S. § 101.

Copyright

Copyright Intellectual Property Fair Use IP

Intellectual Property Pulse

[Guest post]: The proportionality test in European patent law

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

Trending Sources

Covenant to not sue “at any time” terminated with the license agreement

OpenAI's granted large language model (LLM) patents

The long-awaited amendments to the PRC Patent Implementation Regulations have finally arrived

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

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

What’s in a Missing Name? Some Questions Around the Covaxin Patent Application

SpicyIP Weekly Review (March 4-March 10)

Sitting By Designation, Judge Albright Pens First Federal Circuit Opinion Vacating PTAB Decision for Failing to Consider Petitioner’s Reply Brief Claim Construction Arguments

Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

SpicyIP Weekly Review (April 29- May 05)

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

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