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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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.

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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. 11, 2023 (claiming that various products were “patented”). patent law.

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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. Compare D.L.

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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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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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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.

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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. Petitioner is challenging the standard of review applied by the Federal Circuit when examining the Patent and Trademark Office’s (PTO) decisions in IPR cases. This post briefly reviews these cases. Tarun Surti v.

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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). As a result, the patents had staggered expiration dates. Vidal , No. __ (U.S. Cellect Cert.

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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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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

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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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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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. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

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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. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed. Iolab Corp. , 3d 1344 (Fed.

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Patent Inventor Patent Infringement Designs 57

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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The IPKat

DECEMBER 22, 2023

PatKat reviewing the year It is time once more for the IPKat patent year in review! Pour yourself a glass of mulled wine, curl up with your favourite feline and catch-up on your EPO case law. This is one to watch for 2024. Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything?

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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). 102 or 103).

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Patently-O

MAY 17, 2024

The outcome here shows value for the intentional use of means-plus-function limitations as a mechanism for expanding patent scope when genus claims are otherwise unavailable. ” The decision will be captioned Ex parte Chamberlain , Appeal 22-1944 , and is post-dated May 21, 2024. Xencor’s patent application (U.S.

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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. See our prior post discussing some of the patentability issues for AI.

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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.

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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.

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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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