Intellectual Property Law Blog

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. the Office is aware of and evaluates the teachings of all information material to patentability.”

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Invention Inventor Patent Application Patent 130

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 62

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 Designs 81

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 Patent Application 52

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

IP Tech Blog

MARCH 5, 2024

The Guidance clarifies that AI-assisted inventions can receive patent protection if a human being plays a significant role in the invention’s conception. The Guidance acknowledges the importance of human inventors in AI-assisted inventions, so that the patent system can continue to incentivize and reward human ingenuity.

Invention 57

Invention Inventor Patent Patent Application 57

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 Patent Application 52

LexBlog IP

MARCH 5, 2024

The Guidance clarifies that AI-assisted inventions can receive patent protection if a human being plays a significant role in the invention’s conception. The Guidance acknowledges the importance of human inventors in AI-assisted inventions, so that the patent system can continue to incentivize and reward human ingenuity.

Invention 52

Invention Inventor Patent Patent Application 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 Patent Application 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). Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech.

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Design Patent Designs Design Patent 117

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. the Office is aware of and evaluates the teachings of all information material to patentability.”

Invention 52

Invention Inventor Patent Application Patent 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.

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Invention Inventor Intellectual Property Law Intellectual Property 52

SpicyIP

JULY 8, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the DHC’s direction to frame a code of conduct for Patent and Trademark Agents, MHC’s decision on prior arts, and the settlement between Dabur and Dhruv Rathee of their trademark and copyright dispute. Anything we are missing out on?

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Invention Art Trademark Patent Application 59

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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Inventor Invention Reporting Technology 52

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 89

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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Invention Inventor Patent Application Designs 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

The IPKat

MAY 20, 2024

If you were too busy enjoying the May sunshine last week, here's the summary of what you missed: Patents Image from Pixabay. Comments are due by 29 June 2024. Details here. This Kat reported on the progress of the WIPO Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge, which runs from 13 to 24 May.

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Invention Art Patent Application Inventor 60

The IPKat

OCTOBER 13, 2023

EPO soften priority rules in G1/22 and G2/22 This week, the Enlarged Board of Appeal (EBA) of the European Patent Office softened its rules on priority with the effect that it is now more likely that a priority claim will be valid even if there is a different applicant for the EPO application than for the priority application.

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Intellectual Property Designs Design Inventor 64

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. pesticides).

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Law Editing Patent Intellectual Property 60

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.

Patent 40

Patent Invention Inventor Patent Application 40

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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Contracts Law Inventor Patent Application 75

The IPKat

MAY 19, 2024

The USPTO has issued a request for comments regarding the impact of AI on patentability. 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.

Patent 60

Patent Art Invention Patent Law 60

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. See my 2014 post. 102, and are presumed to be enabling.

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Art Invention Patent Application Publishing 109

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

MAY 30, 2024

2023) has set the stage for a potentially significant Supreme Court case on the interplay between the Patent Term Adjustment (PTA) statute, 35 U.S.C. § 154(b), and the judicially-created doctrine of obviousness-type double patenting (ODP). May 28, 2024). 4th 1216 (Fed. 23-1231 (U.S.

Patent 40

Patent Intellectual Property Law Intellectual Property Law 40

LexBlog IP

FEBRUARY 15, 2023

USPTO Extends Combined Patent Search Pilot Program with Japanese Patent Office and Korean Intellectual Property Office @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-63ed303eda0729464{display: Additionally, the partnering patent offices have also collaborated on a new petition option for the Expanded CSP program.

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Intellectual Property Patent Art IP 52

SpicyIP

APRIL 30, 2024

Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. Background The appellant (Microsoft) filed a patent application on 27 February 2012 for an invention titled “Message Communication of Sensor and other Data.”

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Invention Art Designs Design 96

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. First-Time Filer Expedited Examination for Patents The U.S. Non-Provisional Utility Patent Space.

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Government Business Contracts Inventor 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.” Patent Nos. by Dennis Crouch The recent eligibility decision in AI Visualize v.

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Invention Technology Patent Drafting Patent 70

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

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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Patent Law Reporting Settlement 107

The IPKat

JUNE 10, 2024

The question before the Supreme Court was whether the specification of Amgen's anti-PCSK9 antibody patent contained enough information to enable a skilled person to make and use the broadly claimed invention. For written description, an inventor will be able to quickly produce more examples with which to describe the invention.

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Invention Art Patent Law Law 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. §

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Invention Inventor Art Public Use 109

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

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.

Invention 52

Invention Inventor Patent Patent Application 52

LexBlog IP

MARCH 11, 2024

of the order, the administration charged the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USTPO) with three directives: 1. Accordingly, the USPTO responded to its first directive and issued its Inventorship Guidance for AI-Assisted Inventions on February 13, 2024. [2]

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Invention Inventor Intellectual Property Patent 52