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. here , at 792].

Patent Law 72

Patent Law Law Patent Invention 72

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 78

Inventor Invention Designs Design 78

The IPKat

JULY 18, 2024

The UPC Central Division also takes a strong stance on the patentability of therapeutic antibody inventions in Europe. The decision of the UPC confirms that the US and European approaches to antibody inventions are diametrically opposed. The decision is not just remarkable for being the first decision of its kind.

Invention 69

Invention Art Patent Patent Law 69

LexBlog IP

JANUARY 11, 2024

The Principle of Good Faith in Patent Applications The revised regulations emphasize the principle of good faith in all patent applications: New Article 11: Mandates adherence to the principle of good faith. Genuine Inventive Activities: Requires applications to be based on real and original inventive activities.

Patent Law 52

Patent Law Law Intellectual Property Intellectual Property Law 52

The IPKat

AUGUST 7, 2024

The IPKat is ready for your answers in our AI survey What inventions are deserving of patent protection? More generally, it has re-opened the debate on whether patent law remains fit for purpose in the modern age, especially when it applies to computer programs. It seems like such an arbitrary place to draw the line.

Invention 69

Invention Patent Patent Law Technology 69

SpicyIP

MARCH 11, 2024

Singh’s book on Patent Law is finally out. It has been published by Thomson Reuters in two volumes and was launched on 9th March 2024 by Union Finance Minister Nirmala Sitharaman at Pragati Maidan. Justice Singh, in an interview about her new book , commented on the “importance of patent law for the common man.”

Patent Law 59

Patent Law Law Patent Intellectual Property 59

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 64

Journalism Invention Art Patent 64

The IPKat

AUGUST 13, 2024

The patent system is a well-established, robust and effective way to protect innovation, and it makes sense for OpenAI to make full use of it. 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?

Patent 127

Patent Editing Inventor Patent Application 127

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 69

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

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.

Inventor 52

Inventor Invention Patent Designs 52

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. 5364/CHENP/2010 had been granted Patent No. 5360/CHENP/2010). 285816 on 28.07.2017 (Para 11).

Patent 105

Patent Art Invention Patent Application 105

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’. plants, animals, and microorganisms), and knowledge systems.

Designs 119

Designs Design Intellectual Property Licensing 119

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

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.

Patent 104

Patent Invention Reporting Inventor 104

Patently-O

MAY 19, 2024

1163 (2024). Although the article is not patent focused, Stern’s arguments have significant implications for patent law by undermining a key justification for limiting the scope and strength of patent protection. Stern, Intellectual Property and the Myth of Nonrivalry , 99 Notre Dame L. 2d 887 (Fed.

Patent Law 45

Patent Law Law Intellectual Property Patent 45

Patently-O

JULY 9, 2024

The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system. Terminal Disclaimer Practice to Obviate Nonstatutory Double Patenting, 89 Fed. patent rights will deter innovation. Lemley & Jason Reinecke, Our More-Than-Twenty-Year Patent Term , BERKELEY TECH.

Patent 108

Patent Invention Patent Application Art 108

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 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

SpicyIP

DECEMBER 2, 2024

With 60.10% of cases from IPAB disposed till June, 2024, the IPD has done notable work since its formation. Arun Kumar vs State Of Punjab And Another on 25 November 2024 (PH&HC) In this case, the petitioner was accused of offences under Sections 63 and 65 of the Copyright Act and Sections 103 and 104 of the Trade Marks Act.

Invention 52

Invention Trademark Reporting Editing 52

Patently-O

APRIL 30, 2024

That claim requires too much follow-on research work and so does not sufficiently disclose the invention. Still, those will likely be unrecognized for their worth until some later date when a human truly invents but is blocked from patenting. Ben Hattenbach & Joshua Glucoft have an interesting 2015 article on point.

Art 111

Art Invention Patent Application Publishing 111

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?

Invention 112

Invention Inventor Patent Law 112

Patently-O

APRIL 23, 2024

Patent and Trademark Office announced the winner of this year’s National Patent Application Drafting Competition (NPADC), the University of Missouri-Kansas City School of Law. I would encourage any law student interested in pursuing a career in patent prosecution to consider participating in the competition next year.

Patent Application 97

Patent Application Law Patent Prosecution Patent 97

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.

Invention 75

Invention Inventor Patent Journalism 75

The IPKat

AUGUST 21, 2024

The patent at issue in T 1259/22 , although relatively old (expiring August 2024 with SPCs), nonetheless highlights some of the key challenges for cell therapy IP strategy. Stem cell replacement therapy for cancer patients The patent in T 1259/22 ( EP2371361 ) related to a cell therapy treatment for cancer patients using plerixafor.

Patent 111

Patent IP Invention Editing 111

Patently-O

JULY 24, 2024

Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Notably, the 2016 patent law case of Cuozzo v. Meanwhile, Justice Gorsuch’s 2024 Ohio v.

Law 53

Law Patent Litigation Patent Law 53

The IPKat

MAY 19, 2024

The USPTO specifically calls for views on how the proliferation of AI could affect evaluations of patentability, including what qualifies as prior art and the capabilities of the person skilled in the art. Comments are due by 29 June 2024. This issue will be very familiar to anyone working with method of treatment inventions.

Patent 64

Patent Art Invention Patent Law 64

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 52

Patent Invention Patent Law Designs 52

The IPKat

AUGUST 2, 2024

The book argues against the idea that dematerialisation is a uniquely 21st century problem by looking at three situations where US patent law has already dealt with a dematerialised subject matter: 19th century chemical inventions, computer-related inventions in the 1970s, and biological subject matter across the 20th century.

Patent Law 72

Patent Law Publishing Invention Law 72

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 69

IP Patent Application Technology Inventor 69

The IPKat

DECEMBER 23, 2023

Rose Hughes outlined the recent EPO Board of Appeal decision ( T 1356/21 ), which discussed the criterion of novelty for pharmaceutical dosage regimes and selection inventions, as well as the reliance on an unexpected technical effect for inventive step.

Intellectual Property 69

Intellectual Property IP Copyright Law Invention 69

The IPKat

JANUARY 12, 2024

AIPPI Rapid Reaction on Thaler in the Supreme Court next Thursday Next Thursday, 18 January, AIPPI UK is hosting their first event of 2024 and it's a good one - and online! Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions.

IP 69

IP Intellectual Property Law Law Invention 69

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. . – Jason Rantanen By: Margo A.

Inventor 85

Inventor Intellectual Property Invention Blogging 85

Patently-O

MAY 17, 2024

” The decision will be captioned Ex parte Chamberlain , Appeal 22-1944 , and is post-dated May 21, 2024. The basic idea here was to put the anti-C5 antibody limitation into the preamble of the Jepson claim that sets up the environment of the invention, but is not actually the improvement being claimed. 2023-2048 (Fed.

Invention 89

Invention Patent Inventor Patent Application 89

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

Design Patent 119

Design Patent Designs Design Patent 119

SpicyIP

MAY 6, 2024

Natco v Novartis 2024: Delhi High Court’s Novartis Moment & Indian Patent Law’s Déjà Vu Pic from here The Delhi High Court, on 24th April, passed an order that our patent law enthusiast readers will be very interested in! Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr.

Trademark 59

Trademark Invention Licensing Patent 59

43(B)log

FEBRUARY 16, 2024

2024 WL 629985, No. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. patent system and proclaims its sophistication in its knowledge of U.S.

False Advertising 59

False Advertising Advertising Advertising Patent 59

The IPKat

JULY 23, 2024

Antonios Baris released the greatest hit of summer 2024: The EleonORe Song. Patents and Designs Jocelyn Bosse reviewed the book Terrell on the Law of Patents , which was first published in 1884 by Thomas Terrell. Our Katfriend considered several aspects regarding copyright ownership.

Editing 59

Editing Designs Design Reporting 59