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. Vidal , 43 F.4th 4th 1207 (Fed. Iolab Corp. , 3d 1344 (Fed.

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IP.com

JUNE 27, 2024

In May, 2024, the United States Patent and Trademark Office (USPTO) announced the launch of a new strategic plan focused on a dedicated support of inclusive innovation within organizations across the nation, connecting more Americans with resources to spur innovation and entrepreneurship. of all inventors named on U.S.

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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.

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Trading Secrets

MARCH 15, 2024

2024), a case that may reshape the dynamics between trade secrets and patent rights. The Core Issue at Hand This case centers around the America Invents Act (AIA) and whether a product’s prior sale by the patent applicant can disqualify the patenting of the method used to produce said product. v ITC, 22-1827 (Fed.

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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 clarifies that AI-assisted inventions can receive patent protection if a human being plays a significant role in the invention’s conception. In compliance with section 5.2(c)(i)

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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.

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LexBlog IP

FEBRUARY 21, 2024

The guidance, which went into effect February 13, 2024, makes clear that AI-assisted inventions are not categorically unpatentable. The guidance provides instructions to examiners and stakeholders on how to determine whether the human contribution to an innovation is significant enough to qualify for a patent when AI also contributed.

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LexBlog IP

MARCH 15, 2024

2024), a case that may reshape the dynamics between trade secrets and patent rights. The Core Issue at Hand This case centers around the America Invents Act (AIA) and whether a product’s prior sale by the patent applicant can disqualify the patenting of the method used to produce said product.

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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 clarifies that AI-assisted inventions can receive patent protection if a human being plays a significant role in the invention’s conception. In compliance with section 5.2(c)(i)

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LexBlog IP

MARCH 13, 2024

2024), a case that may reshape the dynamics between trade secrets and patent rights. The Core Issue at Hand This case centers around the America Invents Act (AIA) and whether a product’s prior sale by the patent applicant can disqualify the patenting of the method used to produce said product.

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The IPKat

OCTOBER 13, 2023

In decision G1/22 and G/22 (press release and decision found here ), the EBA had to answer the question as to whether the co-applicant of a PCT application who is different from the inventors named in a US priority application can, in the European phase, validly rely on the priority right under Article 87(1) EPC?

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The IPKat

MAY 20, 2024

Rose Hughes shared that the USPTO has issued a request for comments regarding the impact of AI on 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. Details here.

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Patently-O

APRIL 10, 2024

By Dennis Crouch In a recent unpublished decision, the Georgia Court of Appeals affirmed summary judgment in favor of CPA Global Support Services, LLC (“CPA”) (now part of Clarivate) against a claim of negligent misrepresentation brought by inventor James C. and his patent holding company (Spectrum Spine). Robinson, M.D.

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LexBlog IP

DECEMBER 26, 2023

SBA Certification Requirement: Starting January 1, 2024, the Department of Veterans Affairs (VA) will require SDVOSBs to obtain certification from the Small Business Administration (SBA) to be eligible for set-aside contracts. Non-Provisional Utility Patent Space. Standard fees for filing a patent application still apply.

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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). It remains to be seen whether those traditional design patent considerations will continue. GM Global Tech. Operations LLC , No.

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Patently-O

APRIL 30, 2024

Services like All Prior Art are using AI to churn out and ‘publish’ many millions of generated texts, hoping some will preempt future patent applications. ” Lidiya Mishchenko , Thank You for Not Publishing (Unexamined Patent Applications) , 47 B.Y.U. .” See my 2014 post. & Trademark Off.

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Patently-O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed.

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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. Subsequently, the patent application was rejected in September 2020.

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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.

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Patently-O

APRIL 21, 2024

2024), gives me pause to consider more general eligibility issues of AI Inventions. Nikola Datzov wrote what we have all been thinking: “Innovative applications of AI are everywhere we look [and are] revolutionizing our society.” The result then is that creative and skillful patent drafting is more important than ever.

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The IPKat

MARCH 15, 2024

In G 1/22 (and G 2/22), the Enlarged Board of Appeal (EBA) found that there is a strong rebuttable presumption that an applicant of a European patent application is entitled to claim priority. The Broad Institute famously lost a highly commercially valuable CRISPR patent for invalid priority ( T 844/18 , IPKat ).

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The IPKat

JULY 16, 2024

This is a review of the twentieth edition of Terrell on the Law of Patents , which was released at the end of June 2024. Chapter 5 explores the life of a granted patent, including the procedure for opposition and the law on employee inventions.

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The IPKat

JUNE 10, 2024

The case in Chamberlain related to a patent application for anti-C5 antibodies with modified constant binding regions that improved the functionality of the antibodies ( US 16/803,690 ). For written description, an inventor will be able to quickly produce more examples with which to describe the invention. 23-2048 (Fed.

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LexBlog IP

FEBRUARY 15, 2023

important;}} The United States Patent and Trademark Office (USPTO) is extending the Expanded Collaborative Search Pilot (CSP) program in partnership with the Japan Patent Office (JPO) and the Korean Intellectual Property Office (KIPO) for an additional two years through October 31, 2024.

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Patently-O

MAY 22, 2024

by Dennis Crouch In a recent decision, the Federal Circuit vacated a district court’s grant of summary judgment that an inventor, Dr. Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. May 21, 2024). Core Optical Techs., Nokia Corp. , 23-1001 (Fed.

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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. The full call for views can be viewed here. AI and the question of what is "the prior art"?

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Patently-O

MAY 30, 2024

May 28, 2024). The case arose after Cellect sued Samsung for infringing four of its patents relating to image sensors. Although the patents all had the same effective filing dates, their expiry dates were different since some of the patents had been awarded term adjustment (PTA) because of USPTO delays. 23-1231 (U.S.

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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.

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LexBlog IP

MARCH 11, 2024

Accordingly, the USPTO responded to its first directive and issued its Inventorship Guidance for AI-Assisted Inventions on February 13, 2024. [2] Instead, an analysis utilizing the Pannu factors determines if the human inventor(s) has made a significant contribution to each claim in the patent or patent application.

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LexBlog IP

FEBRUARY 26, 2024

The Guidance aims to clarify how patent applications involving AI-assisted inventions will be examined by patent examiners, and reaffirms the existing jurisprudence maintaining that only natural persons, not AI tools, can be listed as inventors.

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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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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.

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IP Intelligence

NOVEMBER 14, 2023

1] Regarding patents, the EO requires the United States Patent and Trademark Office’s (USPTO) Director to provide guidance on AI in the context of inventorship and patentable subject matter. [2] 2] Below is a timeline of when and what the public should expect to receive from the USPTO in 2024.

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The IPKat

DECEMBER 22, 2023

This is one to watch for 2024. This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patent application. Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything?

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U.S. Department of Commerce

DECEMBER 13, 2023

Streamlining Patent Filing for Inventors and Creators : The U.S. Patent and Trademark Office (USPTO) enhanced its Patent Center website interface by centralizing application processes, data, and training for patent filers. Census Bureau 2023 CX Action Plan. To learn more visit ITA on Performance.gov.

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Patently-O

JANUARY 11, 2024

by Dennis Crouch The USPTO has published new examination guidelines regarding the enablement requirement for utility patent applications in light of the Supreme Court’s May 2023 decision in Amgen v. Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc.

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Patently-O

MAY 17, 2024

” The decision will be captioned Ex parte Chamberlain , Appeal 22-1944 , and is post-dated May 21, 2024. Even before the decision, biotech -focused patent attorneys have been searching for ways to capture their clients innovations with broad enough coverage. Xencor’s patent application (U.S. Application No.

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