The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. Also, Howard was not named as an inventor. The dispute arose between HIP, Inc. (“HIP”)

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The IPKat

AUGUST 11, 2023

In keeping with the so-called media "silly season" of late summer, PatKat thought she would check-in on the AI inventor debate. PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). Sceptical Kat Has DABUS invented?

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Patently-O

JULY 28, 2021

Most patents involve two or more joint inventors who all claim to have contributed significantly to the invention. Conception of the invention is typically seen as the critical legal determinant of invention and some courts have written that each joint inventor must have contributed substantially to the conception of the invention.*

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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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SpicyIP

NOVEMBER 9, 2024

In his recent work published in the Journal of Intellectual Property Law and Practice , Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. It confuses ‘invention’ with ‘person.’

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LexBlog IP

FEBRUARY 15, 2024

Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

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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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LexBlog IP

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. In the matter of the ’350 Appl.,

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Inventor Invention Patent Application Patent 52

Intellectual Property Law Blog

AUGUST 30, 2021

Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development. The rule of thumb is to focus the patent protection on what the inventors improve over the conventional technology. The state-of-art AI systems are far from perfection. 1) Training phase.

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IP Watchdog

JULY 31, 2024

Court of Appeals for the Federal Circuit (CAFC) on Tuesday issued a precedential decision affirming the Patent Trial and Appeal Board’s (PTAB) invalidation of Sanho Corporation’s patent based on its finding that a key prior art reference was not exempt under 35 U.S.C. § The so-called prior art exception under 35 U.S.C. § 102(b)(2)(B).

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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.

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JD Supra Law

AUGUST 25, 2022

The US Court of Appeals for the Federal Circuit found that a prior art patent’s summarization of a report authored by the inventors of a patent challenged under inter partes review (IPR) did not constitute a disclosure “by another” under pre-America Invents Act § 102(e). Regents of Univ. of Minnesota, Case No. 21-2057 (Fed.

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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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The IPKat

OCTOBER 10, 2022

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator.

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Intellectual Property Law Blog

JULY 26, 2023

Background Hormel Foods appealed the District Court’s ruling that David Howard should be added as a joint inventor on its patents. Issue Whether Mr. Howard is a joint inventor based on the significance of his alleged contribution. Howard is not a joint inventor because he has not made any significant contribution to the invention.

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Biswajit Sarkar Copyright Blog

MARCH 6, 2024

What is a prior-art search? Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. Prior art search determines the merits of patent applications. Several bacteria, such as Pseudomonas sp.

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IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] The Guidance strives to ensure balance between protecting and incentivizing AI-assisted inventions and not hindering future human innovation, as “the patent system is designed to encourage human ingenuity.” [2]

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Patently-O

MARCH 13, 2024

103 over combinations of prior art references. The key issue on appeal was whether the Gelb reference qualified as analogous art for the purposes of the obviousness analysis. This post discusses the analogous arts test and provides key guidance to patent attorneys in today’s post-AIA world. Daedalus Blue LLC v. Vidal , No.

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SpicyIP

NOVEMBER 30, 2024

The essence of the patent regime lies in, the ‘patent bargain’ – inventors are granted a monopoly over their invention for a fixed term of 20 years in exchange for a complete disclosure. Under Section 10(4), an applicant is supposed to disclose the best method of performing the invention in the complete specification.

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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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LexBlog IP

NOVEMBER 9, 2023

” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. Also, Howard was not named as an inventor. The court in Pannu v.

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Inventor Invention Art Patent 52

IPilogue

NOVEMBER 1, 2021

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. found in paragraph 10 of the Thaler decision: “First, an inventor is an agent noun; an agent can be a person or thing that invents.

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Patently-O

MAY 31, 2022

This case raises the novel legal issue of whether a patent can be obtained for an invention created by an artificial intelligence (AI) in the absence of a traditional human inventor (“AI-Generated Invention”). This ignores fundamental statutory and constitutional principles and also stymies innovation. Appellee Brief.

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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

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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Patently-O

MAY 19, 2022

And the Question : Does the prior publication count as prior art in an IPR obviousness analysis? = = =. Although the Board granted the petition, it eventually concluded that the prior publication was not prior art and thus sided with the patentee in its final written decision. A person shall be entitled to a patent unless —. (a)

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Invention Inventor Art Patent 56

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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LexBlog IP

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions.

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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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U.S. Department of Commerce

JUNE 9, 2022

Visit the Reopened National Inventors Hall of Fame Museum. The National Inventors Hall of Fame (NIHF) Museum is now open to the public! To be inducted into the National Inventors Hall of Fame, an inventor must hold a U.S. June 9, 2022. KCPullen@doc.gov. Thu, 06/09/2022 - 12:24. Intellectual property. Kathi Vidal.

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Patently-O

NOVEMBER 28, 2023

RapidPulse decision in that provides important guidance on the use of a provisional patent application’s filing date for 102(a)(2) prior art under the America Invents Act. 102(a)(2) is a bit clunky, but its effect is to codify the first-to-file regime created by the America Invents Act of 2011. . = = = The language of 35 U.S.C.

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JD Supra Law

JULY 7, 2023

An invention is not patentable if it was described in, or obvious in view of, an earlier printed publication. This blog post addresses how to overcome an anticipation or obviousness rejection where an inventor is the author or otherwise the source of subject matter in the publication cited as prior art. See 35 U.S.C. By: Mintz

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Intellectual Property Law Blog

MAY 22, 2023

Enablement Section 112(a) of the Patent Act requires that a patent specification includes “a written description of the invention, and of the manner and process of making an using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art…to make and use the same.

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SpicyIP

OCTOBER 29, 2024

While the Court’s analysis touched upon multiple aspects of patentability and revocation, including ‘novelty,’ ‘inventive step,’ ‘non-obviousness’ and ‘person interested,’ the most significant point was related to the burden of proof in matters concerning patent revocation petitions. Thus, all three elements of ‘inventive step’ under s.

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Invention Art Patent Intellectual Property Law 105

JD Supra Law

MAY 17, 2023

An inventor must make a contribution to the claimed invention that is not insignificant in quality, when that contribution is measured against the dimension of the full invention. The Court reversed the district court’s decision regarding joint inventorship pursuant to 35 U.S.C. § By: WilmerHale

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LexBlog IP

JANUARY 25, 2022

Free Online Tools and Resources for Inventors. As an inventor, you know that protecting your invention is vital to its success. In this blog post, we will discuss several free online tools and resources that every inventor should know about. Jump to a Section: USPTO Website. Events and Webinars. Patent Basics.

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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 inventors are worthy of all favor. Atlantic Works v. 63, 67 (2020).

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