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

NOVEMBER 11, 2024

Events Webinar: 'Retroactivity of the Proposed SEP Regulation: A Legal Analysis' (14 November 2024) On 14 November, 4iP Council will host its webinar 'Retroactivity of the Proposed SEP Regulation: A Legal Analysis' featuring Dr Leigh Hancher as a speaker. 2025 National Patent Application Drafting Competition The U.S.

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Patent Application Editing Patent Law IP 69

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 Design 130

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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Designs Design Intellectual Property Licensing 119

SpicyIP

AUGUST 27, 2024

On July 5, 2024, Justice P.B. Balaji of the Madras High Court (MHC) delivered two decisions that overturned the Controller’s rejection of patent applications, siding with the appellants in both cases. The application pertains to an invention involving food products containing table salt formulations.

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Patent Art Invention Patent Application 105

Intepat

OCTOBER 6, 2024

The patent landscape, however, is constantly evolving, driven by emerging technologies, global challenges, and shifting regulatory frameworks. As we move through 2024, several key patent trends are reshaping the future of innovation. One notable trend is the increasing number of patents related to AI ethics and governance.

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Patent Intellectual Property Inventor Technology 52

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

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 108

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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Art Invention Patent Application Publishing 111

SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. In this post by Kartikeya S.,

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Invention Trademark Reporting Editing 52

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

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

Olartemoure Blog

JULY 26, 2024

Patent and Trademark Office (USPTO) has issued a guidance update to address innovation in emerging technologies , which will assist USPTO personnel and stakeholders in determining subject matter eligibility under patent law of AI inventions during patent examination, appeal, and post-grant proceedings.

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Invention Patent Intellectual Property Patent Application 52

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 72

SpicyIP

NOVEMBER 23, 2024

Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health. His previous post can be accessed here.

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Patent Patent Application Patent Law Patent Prosecution 64

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 foundation of the Patents Act, 1970, is influenced by the recommendations of the Ayyangar Committee (“ Report on the revisions in the patent law ”).

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Patent Invention Reporting Inventor 104

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

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.

Technology 52

Technology Intellectual Property Law Patent Application Intellectual Property 52

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

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.

Patent 52

Patent Patent Application Government Reporting 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.

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Design Patent Designs Design Patent 119

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 78

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 89

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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Journalism Intellectual Property Intellectual Property Law Patent Prosecution 40

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 64

Patent Art Invention Patent Law 64

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

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 69

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

SpicyIP

NOVEMBER 30, 2024

Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health. Article 3.2

Designs 59

Designs Design Law Intellectual Property 59

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 112

Garrigues Blog

NOVEMBER 27, 2024

According to article 54 (1) and (2) of the European Patent Convention (EPC), an invention shall be considered to be new if it does not form part of the state of the art, that is, everything made available to the public before the filing date of the patent application, or the priority date as the case may be ( article 89 EPC).

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Patent Art Patent Application Invention 52

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 64

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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Patent Art Patent Application Confidentiality 45

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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Intellectual Property Registration IP Copyright 81

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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Invention Patent Inventor Patent Application 40

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 81

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 49