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.

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The IPKat

DECEMBER 13, 2023

The case related to the novelty and inventive step of a second medical use claim. The only distinguishing feature of the claim in view of the prior art was the specified concentration of the active substance (insulin) in the pharmaceutical formulation. Is the concentration of the substance a feature or use of the product?

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The IPKat

OCTOBER 31, 2023

The recent decision in T 0258/21 , by contrast, is the first interpretation of G 2/21 leading to a finding of a lack of inventive step in view of an inadequate disclosure of the purported technical effect. The closest prior art was identified as a journal article mentioning the use of clevidipine for the treatment of haemorrhagic stroke.

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Patently-O

JULY 11, 2022

In a new opinion the court asked and answerd an interesting question: What if most on-point prior art was accidentally created due to a typographical error? A key to the analysis was a finding that the error would have been apparent to someone of skill in the art. You can compare the prior art linear objective lens results (Fig.

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The IPKat

AUGUST 4, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

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JD Supra Law

OCTOBER 25, 2022

In patent examination, the examiner will cite a prior art document in order to determine whether or not an invention or utility model is novel and inventive. By: Linda Liu & Partners

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The IPKat

MARCH 29, 2024

The prior art cited against the patent was the patentee's own press releases reporting the success of a phase III clinical trial of the drug in the broader patient population. The European patent at issue in T 1437/21 ( EP 2981271 ) related to the second medical use of a known drug (empagliflozin) in a subpopulation of patients.

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JD Supra Law

NOVEMBER 29, 2022

Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of software patent prosecution can help ensure that software inventions get maximum protection.

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IP Watchdog

NOVEMBER 15, 2023

Court of Appeals for the Federal Circuit (CAFC) ruling on prior art determinations for provisional applications applies only to pre-America Invents Act (AIA) patents.

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IP.com

SEPTEMBER 22, 2022

Invention disclosure documents are the important first steps in the IP commercialization process. Not only does it represent the first recording of the invention, establishing the date and scope, but they have been used to defeat challenges to dates of invention, inventorship, invention scope, and prior art.

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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.

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JD Supra Law

MAY 13, 2024

The US Patent and Trademark Office (USPTO) has published a request for comment (RFC) on “how AI could affect evaluations of how the level of ordinary skills in the arts are made to determine if an invention is patentable under U.S. By: AEON Law

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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.

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Intellectual Property Law Blog

JUNE 5, 2023

In particular, this case establishes: (1) which party bears the burden of proof regarding whether a “skilled and diligent searcher” could have reasonably been expected to discover prior art such that failure to include it in an IPR petition estops the petitioner from raising it in other civil actions under 35 U.S.C. §

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Intellectual Property Law Blog

AUGUST 30, 2021

In the following sections, we will discuss an illustrative list of subject areas that may offer patentable AI inventions. (1) The state-of-art AI systems are far from perfection. However, inventors often need to improve various aspects of an existing AI system to make it fit and work for their applications. 1) Training phase.

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Patently-O

APRIL 8, 2024

By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. 103 as part of the Patent Act of 1952, it nonetheless applied a similar requirement for “invention.” This was an improvement over prior art vacuum tubes which used weaker vacuums.

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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.

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JD Supra Law

FEBRUARY 21, 2023

the Federal Circuit held that an obvious error in a prior art reference was not considered a teaching. The court explained that a person of ordinary skill in the art (POSITA) would have disregarded or corrected the apparent typographical or similar error in the prior art reference. Immervision, Inc.,

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The IPKat

NOVEMBER 19, 2022

The recent decision T 0555/18 from the EPO Boards of Appeal considered the burden of proof for unusual parameters relied on for inventive step. On appeal, the Opponent argued that the patent lacked inventive step. The question before the Board of Appeal thus became whether the unusual parameter could be relied on for inventive step.

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Patently-O

JULY 13, 2023

by Dennis Crouch If you break it down far enough, every invention is simply a combination of known materials or steps. This is a flexible analysis (KSR) with the PTO and courts typically looking for a “motivation to combine” the prior art teachings that would have a “reasonable expectation of success.”

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JD Supra Law

MARCH 7, 2022

According to China’s local practice, there are three steps to follow when determining whether a claimed invention is obvious when compared to the prior art: determining the closest prior art; distinguishing the features of the invention and the technical problem that it actually solves; By: Linda Liu & Partners

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Patently-O

MAY 25, 2023

These patents, US Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379, cover inventions devised to offer an “enhanced backup support” in contrast to using a guide catheter individually. Patent 7,736,355 (“Itou”) could be regarded as prior art. The pivotal question on appeal was whether U.S.

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Patently-O

MARCH 26, 2024

The Supreme Court ultimately reversed the lower court’s decision upholding the patent and found instead that Brady’s claimed invention lacked novelty and did not constitute a patentable advance over the prior art. Such an indiscriminate creation of exclusive privileges tends rather to obstruct than to stimulate invention.

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Patently-O

AUGUST 17, 2021

Ironburg Inventions ( Fed. The focus of the appeal is whether the purported “Burns” reference should count as prior art. the prior art disclosures of these documents are the same. On appeal, the Federal Circuit found “overwhelming evidence” that the reference was prior art. by Dennis Crouch.

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Intellectual Property Law Blog

FEBRUARY 13, 2024

In the IPRs, Medtronic asserted that the “Itou” reference qualified as prior art under the pre-AIA § 102(e). 16, 2023) , the Federal Circuit considered whether U.S. Background Medtronic filed two IPR petitions challenging certain claims in Teleflex’s ’116 patent.

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Invention Art Inventor Patent 130

JD Supra Law

SEPTEMBER 17, 2021

Ironburg Inventions Ltd., August 17, 2021), the Federal Circuit ruled on an issue that is not often appealed—whether the Petitioner had authenticated a submitted prior art reference. . In the recent precedential Federal Circuit decision Valve Corporation v. 2020-1315, 2020-1315, 2020-1379, 2021 WL 3628664 (Fed. By: Jones Day

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Patently-O

NOVEMBER 13, 2023

by Dennis Crouch Berkely Center for Law & Technology is hosting a great half-day virtual-conference this week: “AI as an Inventing Tool – it’s Implications for Patent Law” organized by Prof. The Winslow Tableau presents an unrealistic conception of the PHOSITA possessing encyclopedic knowledge of all prior art.

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JD Supra Law

OCTOBER 12, 2022

Sixty years ago, the Federal Circuit’s predecessor court, the Court of Customs and Patent appeals, considered whether the prior art disclosure of a chemical genus anticipated species falling within the scope of that genus in In re Petering.

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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. The patent office issued a first examination report in June 2019, (7 years later!)

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LexBlog IP

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.

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LexBlog IP

DECEMBER 15, 2023

Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions. Teleflex Innovations S.A.R.L. , § 102(e). § 102(e).

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Patently-O

NOVEMBER 1, 2021

At step two, the Federal Circuit disagreed with the lower court and found that the claimed invention lacked any inventive concept beyond the excluded abstract idea. On this point, the court noted the existence of prior art for attenuating the T-wave. Kappos (2010).

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JD Supra Law

DECEMBER 18, 2023

Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions. Teleflex Innovations S.A.R.L., By: Sheppard Mullin Richter & Hampton LLP

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The IPKat

JUNE 30, 2023

The referral particularly asks whether the non-enabling prior use of a product excludes the composition of the product from the prior art or whether it also excludes the product per se (i.e. so that it can not be used as a starting point for inventive step).

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SpicyIP

NOVEMBER 8, 2023

Since living cells and products of nature are often involved in these inventions, clarity regarding patent eligibility is becoming more important. Section 3(p): An invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.

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Patently-O

SEPTEMBER 11, 2023

by Dennis Crouch The Federal Circuit recently issued an important decision regarding the analogous art doctrine in Netflix v. The Patent Trial and Appeal Board’s sided with the patentee, holding that a key prior art reference was not analogous art. 22-1138, — F.4th 4th — (Fed.

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JD Supra Law

DECEMBER 21, 2023

When Dynamic Drinkware was decided in 2015, commentators debated whether differences in the language of the American Invents Act (AIA) version of 35 USC § 102 would shield AIA patents from its restrictions.

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