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.

Invention 109

Invention Inventor Patent Patent Application 109

JD Supra Law

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. By: BakerHostetler

Invention 68

Invention Patent Application Trademark Patent 68

Patently-O

AUGUST 5, 2024

Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. July 31, 2024). Sanho Corp.

Invention 111

Invention Inventor Art Public Use 111

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.

Invention 81

Invention Publishing Inventor Design 81

JD Supra Law

FEBRUARY 14, 2024

The United States Patent and Trademark Office (USPTO) published a Federal Register Notice on Feb. 13, 2024, providing guidance on inventorship for artificial intelligence-assisted inventions. The Guidance applies to all patent applications filed before, on, or after February 13, 2024.

Invention 62

Invention Patent Application Publishing Trademark 62

Patently-O

MARCH 11, 2024

5, 2024) ChewyvIBM. The district court had ruled against the patentee (IBM) — finding one patent ineligible and the other not infringed. At Alice step two, the court rejected IBM’s arguments that the claims contain inventive concepts. And column three is called summary of the invention. 2022-1756 (Fed.

Patent Application 75

Patent Application Advertising Advertising Patent 75

The IPKat

FEBRUARY 11, 2024

The Diplomatic Conference in 2024 will focus on a narrow "Basic Proposal" (see the full text and the executive summary ). Comments The idea of disclosure requirements in patent applications has been around for a long time and has already been adopted in many countries.

Intellectual Property 116

Intellectual Property Due Diligence Public Domain Government 116

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. [A big thanks to Swaraj for his inputs on the post.]

Patent Application 64

Patent Application Inventor Patent Intellectual Property 64

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.

Invention 57

Invention Inventor Patent Patent Application 57

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

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.

Invention 52

Invention Inventor Intellectual Property Law Intellectual Property 52

LexBlog IP

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. On February 13, 2024, the U.S. Everyone involved in the filing and prosecution of a U.S. 101 and 115.

Invention 52

Invention Inventor Patent Application Patent 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.

Inventor 52

Inventor Invention Patent Design 52

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. 101 and 35 U.S.C.

Invention 52

Invention Inventor Patent Application Design 52

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

Patently-O

APRIL 29, 2024

by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. Patent system, and today’s guiding statute (35 U.S.C. Medac Pharma Inc. ,

Invention 81

Invention Patent Law Technology 81

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

The IPKat

JUNE 13, 2024

The cover article of the May 2024 edition of the CIPA Journal proposed a new test for inventive step using AI. The CIPA journal article proposes to use an AI derived measurement of semantic similarity between the claims and the prior art as a new test for inventive step.

Journalism 60

Journalism Invention Art Patent 60

JD Supra Law

SEPTEMBER 9, 2024

The US Patent and Trademark Office (USPTO) recently issued its 2024 Guidance on Patent Subject Matter Eligibility and July 2024 Subject Matter Eligibility Examples.

Patent Application 55

Patent Application Invention Technology Trademark 55

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 73

Inventor Invention Design Designs 73

JD Supra Law

JULY 23, 2024

On July 16, 2024, the United States Patent and Trademark Office (“USPTO”) issued new guidance on the patentability of AI-related inventions. Although the USPTO emphasized that its guidance does not change the law of 35 U.S.C. §

Technology 70

Technology Patent Patent Application Invention 70

SpicyIP

AUGUST 27, 2024

On July 5, 2024, Justice P.B. Balaji of the Madras High Court (MHC) delivered two decisions that overturned the Controller’s rejection of patent applications, siding with the appellants in both cases. One of the most interesting observations by the SB was that the process in the co-pending application No.

Patent 91

Patent Art Invention Patent Application 91

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.

Patent 94

Patent Patent Application Invention Design 94

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.” They also cited cases like Technograph v.

Invention 87

Invention Patent Patent Application Government 87

The IPKat

NOVEMBER 4, 2024

Letter from different countries , 8 Nov 2024 UCL IBIL seminar: Patent Law – Fit for an (emotional) AI age?: CIIs, Training ANNs and other stories , Wednesday 4th December 2024 UCL IBIL course: AI for Lawyers: Technological Understanding for Compliance and Litigation. Deadline 15 Nov 2024. Deadline 15 Nov 2024.

Reporting 60

Reporting Publishing Patent Application Invention 60

The IPKat

AUGUST 13, 2024

This is perhaps not surprising, given that patent applications are not published until 18 months after they are filed, and that OpenAI's major innovation of ChatGPT was first released about 2 years ago. This year, eleven OpenAI patents and patent applications have been published.

Patent 124

Patent Editing Inventor Patent Application 124

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.

Personality Rights 82

Personality Rights Trademark Social Media Patent Law 82

The IPKat

OCTOBER 31, 2024

If your drug candidate is a mere obvious modification of a known product you will face an uphill battle convincing the patent office that you have a patentable invention, regardless of whether it was derived using AI-tool or through human endeavour. Protecting the platform: To patent or trade secret? Alfie (a.k.a.

IP 64

IP Patent Application Technology Inventor 64

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.

Invention 64

Invention Art Patent Law Law 64

IP.com

JULY 24, 2024

AI-Assisted Innovation – Responsibly Navigating the USPTO’s Inventorship Guidance with Generative AI This webinar will focus on the responsible use of generative AI tools, such as IP.com’s IQ Ideas+ (featuring CompassAI), in the invention process.

Invention 52

Invention Intellectual Property Patent Application Patent 52

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?

Invention 100

Invention Music Art Patent Application 100

The IPKat

JULY 15, 2024

Since G 2/21 , Boards of Appeal have united on the interpretation that the evidence standard for inventive step (the "plausibility/credibility test") remains unchanged. The Board of Appeal in T 0116/18 equated this test with that of whether the technical effect is "embodied" by the technical teaching of the application as filed.

Invention 112

Invention Patent Publishing Patent Application 112

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.

Trademark 85

Trademark Confidentiality Patent Application Copyright 85

Patently-O

SEPTEMBER 10, 2024

In a non-precedential decision issued September 10, 2024, the Federal Circuit affirmed the PTAB's rejection of claims in a patent application directed to eliciting tips for media content -- finding them ineligible. The applicant here is a Utah start-up VidAngel, Inc., The applicant here is a Utah start-up VidAngel, Inc.,

Technology 45

Technology Patent Application Invention Patent 45

SpicyIP

JULY 8, 2024

Revisiting Business Method Patents in the Software Industry Image by freepik Regarding the exclusion of business method patents under the Patents Act, Anushka Aggarwal assesses key precedents and theories of competitive and cumulative innovation, arguing that this exclusion is necessary to balance technological advancement and social welfare.

Invention 59

Invention Art Trademark Patent Application 59

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. It is safeguarded under the Patent Act, of 1970.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

SpicyIP

JULY 29, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the IPO’s rejection of an e-cigarettes related patent application, LASA drugs, MHC’s decision concerning Section 3(k). and European patent was granted to the appellant. This and much more in this SpicyIP Weekly Review.

Invention 65

Invention Trademark Design Designs 65