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?

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Patent Editing Inventor Patent Application 124

Patently-O

MAY 10, 2024

by Dennis Crouch In a recent post , I discussed major proposed changes to terminal disclaimer practice that could significantly impact the landscape of patent law. utility patents bound by a terminal disclaimer. The result then is that in 2023 almost 60,000 utility patents were bound by a terminal disclaimer.

Patent 52

Patent Inventor Patent Law Publishing 52

Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. So, although these designers are often design patent inventors, they have been prohibited from becoming patent practitioners.

Design Patent 111

Design Patent Design Designs Graphic Design 111

SpicyIP

JUNE 29, 2024

Notably, in The Hindu, Jacob Koshy published back-to-back articles, with the first one appearing on June 22, 2024 (read here (paywalled)). In this article, Koshy reveals that Bharat Biotech (BBIL) filed a patent application for Covaxin without listing the Indian Council of Medical Research (ICMR) as a co-patentee or inventor.

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Patent Application Inventor Patent Intellectual Property 64

The IPKat

OCTOBER 31, 2024

If the patent application was filed too early it may not therefore cover the eventual clinical lead and worse, may become citable prior art against a subsequent filing. As patent law currently stands, pursuing a patent based solely on AI-modelling data would be a brave decision indeed.

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IP Patent Application Technology Inventor 64

The IPKat

AUGUST 4, 2024

If they are to be named an inventor, a natural person's contribution to an AI-assisted invention must relate to a particular solution to a specific problem giving rise to the claimed invention ( IPKat ). A closer look at the USPTO Guidance for AI-Assisted Inventions (July 2024)

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Invention Inventor Patent Journalism 70

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.

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Inventor Intellectual Property Invention Blogging 85

SpicyIP

JANUARY 31, 2024

Bar and Bench ( paywalled ) reported that the case is not only concerned with the use of the above image but also the tagline “Inventors of Butter Chicken and Dal Makhani.” ” Coming to the case: The question “Who is the inventor ,” hints at a potential patentability issue which the case nowhere seems to be about.

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Inventor Ownership Reporting Registration 64

Patently-O

MARCH 18, 2024

The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. 256 to correct inventorship on an issued patent. This ruling aligned patent law with the Court’s prior decision in Petrella v. 663 (2014).

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Patent Inventor Patent Infringement Design 59

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. This committee highlighted the need for a clause allowing for patents of addition, similar to the UK Patent Act of 1949 (Section 26).

Patent 86

Patent Invention Reporting Inventor 86

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. May the rise of AI therefore see a shift of US patent law towards a more European approach?

Patent 60

Patent Art Invention Patent Law 60

Patently-O

MAY 31, 2024

. – DC 6/1/24] by Dennis Crouch As I have previously discussed on Patently-O, the USPTO recently issued a notice of proposed rulemaking that could significantly impact patent practice, particularly in the realm of terminal disclaimers filed to overcome non-statutory double patenting rejections. 102 or 103).

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Inventor Patent Prosecution Patent Patent Law 49

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. Garlock, Inc. ,

Patent 40

Patent Invention Inventor Patent Application 40

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 Design Designs Patent 119

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 64

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.

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False Advertising Advertising Advertising Patent 59

Patently-O

MAY 20, 2024

May 20, 2024), Cellect argues that the Federal Circuit erred in upholding the PTAB’s (PTAB) invalidation of Cellect’s four patents based on the judicially-created doctrine of obviousness-type double patenting (ODP). by Dennis Crouch In its new petition for certiorari in Cellect LLC v. Vidal , No. __ (U.S. ”)

Invention 49

Invention Inventor Public Domain Patent 49

Patently-O

JUNE 27, 2024

Seven petitions remain undecided and the court will pick them up again when it begins the 2024 term in late September. 23-1231) I’ve previously written about this case which focuses the interplay between statutory provisions and old judge-made doctrines in patent law. This post briefly reviews these cases. Cellect, LLC v.

IP 40

IP Inventor Patent Infringement Patent 40

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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Ownership Patent Invention Contracts 40

Patently-O

APRIL 30, 2024

The authors author some agreement with my analysis above — focusing on claim language they argued: “if a computer published millions of variations of claims such that all but a few were useless from a technical or grammatical perspective, then it would be easier to justify not requiring inventors to account for that sea of information.”

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Art Invention Patent Application Publishing 111

The IPKat

JUNE 10, 2024

A mean-plus-function claim in US patent law is a category of claim that recites means for performing a function without structurally defining the means. 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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Invention Art Patent Law Law 64

Patently-O

MAY 17, 2024

” The decision will be captioned Ex parte Chamberlain , Appeal 22-1944 , and is post-dated May 21, 2024. The new ARP decision is listed as per curium, but comes directly from the USPTO Director Kathi Vidal along with the Commissioner for Patents Vaishali Udupa and Chief Administrative Patent Judge Scott Boalick.

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Invention Patent Inventor Patent Application 89

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 108

Patently-O

MAY 30, 2024

Cellect is now seeking certiorari, and the New York Intellectual Property Law Association (NYIPLA) has stepped in with an amicus brief supporting the petition, arguing that the case presents “questions of exceptional importance.” May 28, 2024). 23-1231 (U.S. 243 (1976).

Patent 40

Patent Intellectual Property Law Intellectual Property Law 40

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. Since the last edition in 2020, there have been significant developments in UK intellectual property law, although the effects of Brexit have been somewhat limited in the realm of patent law.

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Law Editing Patent Intellectual Property 60

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 52

Copyright Intellectual Property Fair Use IP 52

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 52

Copyright Intellectual Property Fair Use IP 52

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 52

Copyright Intellectual Property Fair Use IP 52

Patently-O

APRIL 16, 2024

by Dennis Crouch Law school civil procedure courses spend very little time on proper venue because, in most cases venue is proper so long as the district court has personal jurisdiction over the defendant. This portion of the bill is entitled the “ Venue Equity and Non-Uniformity Elimination Act of 2024 or VENUE Act.”

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Patent Invention Business Inventor 45