The IPKat

JULY 30, 2024

The natural person can then be named an inventor on the patent application. Absent the advent of Artificial General Intelligence, patent inventorship thus remains within the human realm. 2022) found "that only a natural person can be an inventor, so AI cannot be".

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Inventor Invention Design Designs 78

JD Supra Law

OCTOBER 23, 2024

CV 22-1377, 2024 WL 4436629 (D. 7, 2024) - Designing functional features on a device will not make you an inventor for design patents on the device! Apple Inc., Masimo Corp. The District of Delaware (“the court”) recently held that Apple Inc.’s The District of Delaware (“the court”) recently held that Apple Inc.’s

Design Patent 61

Design Patent Design Designs Patent Application 61

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.

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Patent Editing Inventor Patent Application 127

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. Iolab Corp. )

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Invention Publishing Inventor Design 84

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

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. 35 U.S.C. §

Invention 111

Invention Inventor Art Public Use 111

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 Design 52

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.

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Patent Intellectual Property Inventor Technology 52

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).

Public Use 92

Public Use Inventor Invention Art 92

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. Alfie (a.k.a.

IP 69

IP Patent Application Technology Inventor 69

SpicyIP

AUGUST 4, 2024

Highlights of the Week Comments on the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024 Comments on the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024 Read on below for the comments on the draft Rules by Rishabh Deshpande, Praharsh Gour, and Swaraj Barooah. Anything we are missing out on?

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Social Media Trademark Licensing Music 105

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.

Invention 52

Invention Inventor Patent Application Patent 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

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.

Invention 52

Invention Inventor Intellectual Property Law Intellectual Property 52

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.

Design Patent 119

Design Patent Design Designs Patent 119

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)

Invention 57

Invention Inventor Patent Patent Application 57

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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Art Invention Patent Application Publishing 111

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.

Contracts 75

Contracts Law Inventor Patent Application 75

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.

Invention 52

Invention Inventor Patent Application Design 52

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)

Invention 52

Invention Inventor Patent Patent Application 52

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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Invention Art Patent Application Inventor 64

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.

Invention 111

Invention Art Design Designs 111

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.

Invention 52

Invention Patent Confidentiality Inventor 52

SpicyIP

OCTOBER 9, 2024

Unlike standard patents, which cover entirely new inventions, patents of addition enable inventors to safeguard their enhancements while the original patent remains protected. The purpose was to help inventors correct or expand their original claims if needed, thus providing an avenue for refining their inventions.

Patent 104

Patent Invention Reporting Inventor 104

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.

Invention 52

Invention Patent Confidentiality Inventor 52

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.

Invention 52

Invention Patent Confidentiality Inventor 52

IIPRD

OCTOBER 7, 2024

Indian Patent (Amendment) Rules, 2024 which aims to rationalize the patent application process and reduce the burden of the compilation and accelerate actions. The Startups have filled more than 12000 applications between 2016-2024. in the startups by the end of Fiscal Year 24. References.

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Intellectual Property Government Invention Branding 98

The IPKat

NOVEMBER 11, 2024

AlphaFold represents truly ground-breaking science for which its inventors were recently awarded the Nobel Prize in Chemistry. Instead of trade secrets, DeepMind pursued patents. 2024 ) was instead accompanied by so-called "pseudocode", i.e. a mere description of what the code does as opposed to the code itself.

IP 69

IP Publishing Patent Application Design 69

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 ).

Patent 111

Patent Law Reporting Settlement 111

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.

Inventor 52

Inventor Invention Reporting Technology 52

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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Invention Inventor Patent Application Publishing 40

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

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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IP Intellectual Property Law Law Invention 69

Selvam & Selvam Blog

JULY 22, 2024

In a recent decision, the Delhi High Court addressed a petition challenging the abandonment of a patent application for a “Blind-Stitch Sewing Machine and Method of Blind Stitching.” ” The patent application was filed on August 3, 2019, followed by a request for examination on February 21, 2022.

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Trademark Patent Patent Application Intellectual Property 52

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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Invention Technology Patent Drafting Patent 72

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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Invention Inventor Patent Law 112

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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Government Business Contracts Inventor 52