Intellectual Property Law Blog

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115.

Inventor 130

Inventor Invention Patent Designs 130

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. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

Design Patent 119

Design Patent Designs Design Patent 119

SpicyIP

AUGUST 29, 2024

Recently the MHC remanded a matter back to the Controller for re-consideration on whether the cited prior art would render the invention obvious in light of the explanation in the specification. Interestingly, the impugned order by the Controller has already held the invention to be obvious based on the claims filed by the applicant.

Invention 114

Invention Patent Application Art Patent 114

The IPKat

MARCH 25, 2025

Rose Hughes outlined T 1865/22 concerning the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The Board of Appeal questioned whether the claimed composition involved an inventive step. 7(2) Community Design Regulation.

Artistic Work 59

Artistic Work Invention Designs Design 59

Intellectual Property Law Blog

FEBRUARY 13, 2024

February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection. 4th 1323 (Fed.

Art 130

Art Invention Copying Designs 130

The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

Design Patent 98

Design Patent Designs Design Patent 98

SpicyIP

APRIL 9, 2025

Image from here Imagine that your client has come up with an invention (a process) that enables animals on your farm to absorb more energy than is usual from their feed/diet. Assistant Controller of Patents & Designs (discussed previously by Tejaswini) to explain the structure of Section 3(i). When is a method hit by Section 3(i)?

Patent 64

Patent Invention Art Patent Application 64

The IPKat

JANUARY 28, 2025

The test appears relatively patentee-friendly, with the Local Division finding infringement of the claims despite the alleged infringement lacking explicit features of the invention as defined by the claims. MFCs using microorganisms to convert organic compounds into electrical energy were known in the art.

Invention 90

Invention Art Patent Designs 90

Barry Sookman

DECEMBER 23, 2023

Artificial intelligence (AI) systems and in particular generative AI (GenAI) systems have raised the question as to whether technical advances in the useful arts or synthetic content generated using these tools can qualify for patent or copyright protection. The Thaler and SURYAST decisions appeared first on Barry Sookman.

Invention 113

Invention Copyright Patent Inventor 113

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. The core task of patent examination is identifying quality prior art.

Art 111

Art Invention Patent Application Publishing 111

Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. An accused design does not have to exactly match the drawings. 2021-2299 (Fed.

Design Patent 81

Design Patent Art Designs Design 81

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? A US design patent application must be filed within six months of your foreign priority date. What is the cost to file a US design patent application with a priority claim? any known prior art references material to patentability.

Design Patent 98

Design Patent Designs Design Patent Application 98

Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.” Design Patent Nos.

Design Patent 90

Design Patent Designs Design Patent 90

The IPKat

FEBRUARY 22, 2025

In many cases, manufacturing IP may be easy for any potential competitor, generic or biosimilar company to design around. It is challenging for generics and biosimilars to design around a drug substance patent, given that regulatory approvals are tied to the drug substance itself.

IP 64

IP Invention Art Designs 64

SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. These lightweight messages do not require the writing and use of code.

Invention 111

Invention Art Designs Design 111

Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Questions presented: When looking for comparison prior art, is the article’s function relevant in any way? Must the comparison prior art be the “same article” as claimed? 511 (1871).

Design Patent 69

Design Patent Art Designs Design 69

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

The IP Law Blog

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system. Stephen L.

Inventor 96

Inventor Invention Patent Patent Application 96

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 embraces the use of AI in innovation and provides that AI-assisted inventions are not categorically unpatentable.

Invention 84

Invention Publishing Inventor Designs 84

The IPKat

FEBRUARY 4, 2025

The key legal test is whether a skilled person could perform the invention. It is thus generally not necessary to describe how the invention was first derived. Nonetheless, the inventive story behind a novel compound may still play a crucial role during patent prosecution and/or subsequent litigation. Insilico's Pharma.AI

IP 64

IP Invention Inventor Designs 64

SpicyIP

MAY 10, 2023

Justice Singh further writes about the preferred appeals against the rejection orders wherein the Controller’s analysis on “inventive step” was not clear, and about the cases where re-grant oppositions were disposed of within an extremely short span of time. Deputy Controller of Patents and Designs , Auckland Uniservices Limited v.

Trademark 126

Trademark Invention Patent Art 126

The IPKat

MARCH 13, 2025

In Nanostring , the Court of Appeal set out some principles of claim construction, stating that " [t]he patent claim is not only the starting point but the decisive basis for determining the protective scope of a European patent under Art. 69 EPC in conjunction with the Protocol on the Interpretation of Art. 69 EPC " ( IPKat ).

Technology 59

Technology Invention Art Patent 59

The IPKat

NOVEMBER 13, 2023

In particular, in this divisional patent Regeneron had attempted to avoid a novelty attack by explicitly disclaiming embodiments of the invention from the claim. Legal background: Undisclosed disclaimers Patent claims generally define the essential features present in the claimed invention.

Invention 75

Invention Art Patent Law 75

Patently-O

SEPTEMBER 29, 2021

Cornyn have introduced the “Restoring the America Invents Act” designed to further address problems caused by the USPTO’s issuance of “poor-quality patents.” by Dennis Crouch. Leahy and Sen. ” Leahy Press Release. Text of the Proposal. Expanding the Scope of Inter Partes Review.

Invention 94

Invention Patent Art Law 94

Copyright Lately

OCTOBER 6, 2024

The plaintiffs also point to what they say are striking similarities in the composition of the band characters, key scenes they claim are lifted straight from the memoir, and even the set design, which positions the audience in a recording studio, echoing Caillat’s perspective from behind the glass. appeared first on Copyright Lately.

Art 126

Art Copyright Copying Copyright Law 126

JD Supra Law

MAY 30, 2024

The almost-full Federal Circuit (minus two judges) has overturned the Rosen-Durling test for determining design patent obviousness under 35 U.S.C. § Under 35 U.S.C. §

Design Patent 62

Design Patent Designs Design Patent 62

SpicyIP

MARCH 24, 2025

The appellant also argued that the impugned order was devoid of any substantive analysis on the merits of the invention, merely refusing the patent on delay. Assistant Controller on Patent and Designs , the Patent Controller rejected the patent application without providing any substantive grounds. In Blackberry Limited v.

Patent 59

Patent Patent Application Invention Designs 59

SpicyIP

DECEMBER 22, 2022

The Delhi Court rebuked the incomprehensible reasoning of the Assistant Controller of Patents & Designs: The incomprehensibility of judgments is not a new issue , and the Supreme Court has even given some tips for judgment writing recently. The Delhi High Court, in Art Screw Co., The Delhi High Court, in Art Screw Co.,

Invention 130

Invention Patent Application Designs Design 130

Patently-O

SEPTEMBER 13, 2022

in Juicy Whip I , the court rejected a contention that the invention lacked utility because of its stated intent of deceiving the public. The beverage dispenser case, Juicy Whip, follows along this same line, but also focuses on the use of non-prior art as evidence. Beat ‘Em All Barbed-Wire Co., Juicy Whip, Inc. 3d 728 (Fed.

Art 78

Art Invention Patent Litigation 78

Patently-O

JULY 22, 2021

Daikin petitioned for inter partes review, and the PTAB agreed that the claims were invalid as obvious based upon a single prior art reference, U.S. However, our invention] has a very narrow molecular-weight distribution. Kaulbach prior art patent. 6,541,588 (“Kaulbach”). i.e., a ratio of Mw to Mn of less than about 2.

Invention 126

Invention Art Marketing Marketing 126

The IPKat

JUNE 12, 2024

Designs are meant to protect the appearance of the whole or a part of a product. In order to minimize the overlap with technical IP rights, no protection is granted for designs whose appearance is solely dictated by their technical function ( Art. 8(3) CDR makes an exception from Art. 8(2) CDR ). 8(2) CDR ).

Designs 64

Designs Design Art Law 64

The IPKat

MARCH 4, 2025

Legal Background: Open-ended ranges According to Article 83 EPC , European patents should "disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art." This test is applied to all types of invention, including those in the mechanical field ( IPKat ).

Invention 64

Invention Patent Law Art 64

The IPKat

FEBRUARY 21, 2025

Abbott challenged the validity of the patent through a counterclaim for revocation, whilst the main validity dispute focused on whether the claimed dual-protocol system was obvious over the prior art. The Local Division instead determined the core inventive concept as being assessed whether using NFC as the second protocol was obvious.

Patent 59

Patent Invention Art Litigation 59

IP.com

APRIL 9, 2025

With InnovationQ from IP.com, defensive publishing to the Prior Art Database allows you to protect incremental innovations without the high cost of prosecution. Evaluate Novelty with IQ Ideas+ Before committing to costly filings, IQ Ideas+ provides tools like Evaluate a New Idea to assess its novelty and potential overlap with prior art.

Patent 52

Patent Intellectual Property Patent Prosecution IP 52

Intellectual Property Law Blog

JULY 25, 2023

Regarding Blue Gentian’s argument about the sufficiency of ties between contributed elements and claims, the Federal Circuit highlighted it was undisputed that each of the asserted patents includes one or more claims that require Ragner’s design elements that distinguished the claims from prior art.

Inventor 130

Inventor Designs Design Invention 130

Patently-O

FEBRUARY 27, 2024

” Before Graham and the 1952 Act, the courts had ground their obviousness analysis in the statutory requirement of “invention” and the Constitutional purpose to “promote the Progress.” John Deere Co., Against this background, the obviousness or nonobviousness of the subject matter is determined.’

Art 122

Art Invention Patent Application Patent 122

SpicyIP

DECEMBER 2, 2024

Image from here Analysing the Riyadh Design Law Treaty in the Indian Context After nearly two decades of negotiations, WIPO Member States have adopted the Design Law Treaty (DLT). The appellant argued the order was non-speaking, and ignored amended claims, written submissions, and evidence distinguishing its invention from prior art.

Invention 52

Invention Trademark Reporting Editing 52