Intellectual Property Law Blog

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. 101 and 115. Conclusion AI-assisted inventions come with their own set of legal risks.

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Inventor Invention Patent Designs 130

The IPKat

AUGUST 2, 2024

The book argues against the idea that dematerialisation is a uniquely 21st century problem by looking at three situations where US patent law has already dealt with a dematerialised subject matter: 19th century chemical inventions, computer-related inventions in the 1970s, and biological subject matter across the 20th century.

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Patent Law Publishing Invention Law 67

Patently-O

JULY 9, 2024

This post follows up with a discussion of a recent article titled “ Fixing Double Patenting ” released in draft form by Stanford Professors Mark Lemley and Lisa Larrimore Ouellette. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system. ” Mark A.

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Patent Invention Patent Application Art 106

LexBlog IP

DECEMBER 13, 2023

Key aspects of the STPP include: Expedited Examination : The program offers a faster review process for patent applications related to semiconductor manufacturing, thereby reducing the time it takes to obtain patent protection for new innovations.

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Technology Intellectual Property Law Patent Application Intellectual Property 52

Patently-O

APRIL 17, 2024

The following are a few of the articles that I’ve been delving into this past week: James Hicks, Do Patents Drive Investment in Software? , 1277 (2024). Ana Santos Rutschman, From Myriad to Moderna: The Modern Pharmaceutical Company , Texas A&M University Journal of Property Law (2024) (forthcoming).

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The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. This is referred to as a proposed new ‘patent disclosure requirement’. plants, animals, and microorganisms), and knowledge systems.

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SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

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Trademark Registration Copyright Patent 59

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. The Library of Babel for Prior Art: Using Artificial Intelligence to Mass Produce Prior Art in Patent Law, 74 Vand. See my 2014 post. 521 (2021).

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Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent.

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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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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

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. In Scenario 1 , a patent application is prepared for the transaxle as outputted by the AI system.

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Inventor Invention Designs Design 73

LexBlog IP

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. 101 and 115. Conclusion AI-assisted inventions come with their own set of legal risks.

Inventor 52

Inventor Invention Patent Designs 52

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?

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Patent Art Invention Patent Law 60

The IPKat

JUNE 10, 2024

In other words, even if the specification contains instructions sufficient to enable a skilled person to make and use the claimed invention (enablement), the applicant is still obligated to identify the invention (written description). means-plus-function claims in the field of biotechnology, and particularly in the antibody art".

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Invention Art Patent Law Law 64

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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Patent Invention Inventor Patent Application 40

Patently-O

APRIL 10, 2024

” In the context of patent applications, the notice provides specific examples of how the duty of disclosure may be implicated when using AI tools. ” Preparing evidence of patentability or unpatentability : “AI systems could also be used in the submission of evidence of patentability or unpatentability (e.g.,

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Patently-O

JULY 2, 2024

In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules. 2024), the Supreme Court overruled the Chevron U.S.A.

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Law Patent Patent Law Patent Application 48

Patently-O

APRIL 16, 2024

2024 WL 1561195 (Fed. 11, 2024) Human clinical trials play an essential role in the discovery, development, and regulatory approval of innovative drugs, and federal law mandates the public disclosure of these trials. By Chris Holman Salix Pharms., Norwich Pharms.

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Art Patent Journalism Publishing 75

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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Design Patent Designs Design Patent 117

LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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Reporting Non-Fungible Tokens IP Intellectual Property 52

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. ” Id.

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Patent Intellectual Property Law Intellectual Property Law 40

Patently-O

MAY 22, 2024

Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. May 21, 2024). The key issue was whether Dr. Core developed the patented invention “entirely on [his] own time” under his employment agreement. Core Optical Techs., Nokia Corp. , 23-1001 (Fed.

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Patently-O

APRIL 29, 2024

Patent system, and today’s guiding statute (35 U.S.C. The basic idea is that a defective patent can be “surrendered” and a new patent issued “for the same invention.” The patent laws were substantially rewritten again in 1952, including a seemingly substantial change to the statute at issue here.

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Invention Patent Law Technology 80

The IPKat

JANUARY 16, 2022

This is the second EU SME fund to support SMEs in their COVID -19 economic recovery and green and digital transformation over the next three years (2022-2024). For more information on the background to the initiative and EUIPO's call for proposals, click here. Registration should be done through this link.

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SpicyIP

MAY 6, 2024

Natco v Novartis 2024: Delhi High Court’s Novartis Moment & Indian Patent Law’s Déjà Vu Pic from here The Delhi High Court, on 24th April, passed an order that our patent law enthusiast readers will be very interested in! Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr.

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Trademark Invention Licensing Patent 59

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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Invention Inventor Patent Patent Application 109

The IPKat

JUNE 13, 2024

The cover article of the May 2024 edition of the CIPA Journal proposed a new test for inventive step using AI. The article proposes: " Suppose a new patent application is received and converted into an embedding space using a large language model. The article was inspired by the EPO's AI assisted search tool, AI-PreSearch.

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Journalism Invention Art Patent 60

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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Invention Patent Inventor Patent Application 87

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. The topic of prior use has been elevated to the status of a referral to the Enlarged Board of Appeal ( G1/23 ).

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Invention Inventor Patent Law 108

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.

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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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Patently-O

MAY 9, 2024

Potential Impacts on Patent Applicants and Owners For patent applicants and owners, the proposed changes present some tough choices. Filing a terminal disclaimer with the new requirements means accepting the risk that an entire patent’s enforceability could hinge on the strength of a single claim in another patent.

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SpicyIP

JANUARY 27, 2024

2024 has arrived. We have traversed through Junes , Julys , Augusts , Septembers , Octobers , and Novembers and shared some stories like 10 years of the Google Books Library Project, the Presumption of validity of patents, Corruption in IP Offices, the Serial Crisis in India, Law Making via Leaked Documents, etc.

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