Patently-O

AUGUST 5, 2024

Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. Kaijet Technology International Limited, Inc. ,

Invention 111

Invention Inventor Art Public Use 111

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.

Inventor 140

Inventor Invention Patent Ownership 140

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.

Invention 246

Invention Art Inventor Patent 246

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”)

Inventor 110

Inventor Invention Art Patent 110

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.

Art 124

Art Litigation Inventor Publishing 124

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.

Inventor 111

Inventor Patent Invention Intellectual Property 111

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 115

Invention Copyright Patent Inventor 115

Patently-O

MARCH 12, 2022

I recently posted a chart showing that there is a significant difference in technology focus of patents tied to US-Inventors as compared with Non-US-inventors. Applications from US Inventors were significantly more likely to be rejected on eligibility than non-US Inventors (15% vs 10%). US Inventors.

Inventor 139

Inventor Art Invention Business 139

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

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.’

Patent Law 105

Patent Law Law Invention Patent 105

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 83

Invention Publishing Inventor Designs 83

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.

Inventor 130

Inventor Invention Art Patent 130

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.

Invention 91

Invention Inventor Art Patent 91

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.

Invention 130

Invention Art Inventor Patent 130

Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. Rather, the human must provide significant inventive contribution).

Inventor 120

Inventor Invention Patent Application Designs 120

Velocity of Content

MARCH 16, 2022

This is why an unadorned set of directions, such as stripped-down basic instructions in a baking recipe, does not qualify, but “Mastering the Art of French Cooking” by Julia Child (a book that contains much more expressive text, which served to make it a bestseller) does. Is there a case for protecting AI-devised inventions by IP rights?

Inventor 98

Inventor Editing Copyright Copyright Law 98

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.

Inventor 52

Inventor Invention Patent Designs 52

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.

Invention 72

Invention Inventor Art Patent Application 72

SpicyIP

AUGUST 9, 2021

According to WIPO’s Revised Issues Paper on Intellectual Property Policy and Artificial Intelligence , AI-generated works refers to any inventions created by AI without any human intervention. ‘AI An important question that arises is can AI actually invent on its own?

Inventor 122

Inventor Invention IP Ownership 122

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

Art 97

Art Inventor Invention Patent 97

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!)

Invention 111

Invention Art Designs Design 111

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?

Inventor 52

Inventor Invention Law Ownership 52

IIPRD

JANUARY 7, 2025

AI and the Global IP System We need a worldwide intellectual property (IP) structure that encourages innovation and invention if we are to benefit from generative AI. Specifically, artificial intelligence (AI) technologies have opened up new avenues for invention that only minimally entail human intervention.

IP 85

IP Intellectual Property Invention Inventor 85

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

Patently-O

AUGUST 30, 2021

The inventors have been awarded numerous accolades for showing that this approach works to treat some lymphomas. ” Full Scope Written Description : The Patent Act requires that the specification include “a written description of the invention.” Kite’s “YESCARTA” therapy was found to infringe. 35 U.S.C. §

Inventor 132

Inventor Invention Patent Patent Application 132

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.

Invention 105

Invention Art Patent Intellectual Property Law 105

The IPKat

DECEMBER 31, 2021

The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent filing. If the inventor has disclosed their invention during the grace period, then further disclosures by third parties also don't constitute prior art ( AIA 35 U.S.C.

Patent 131

Patent Inventor Patent Application Art 131

JD Supra Law

DECEMBER 4, 2024

The Patent Trial and Appeal Board determined that a reference could be used as prior art because patent owner failed to provide sufficient evidence that the prior art’s disclosure was invented by all four named inventors, and thus the same “inventive entity,” as the challenged claims.

Invention 65

Invention Inventor Patent Art 65

Patently-O

AUGUST 11, 2021

The Magseis invention here is fully enclosed single case seismometer. Prior to this invention, seismometers were already known as were the geophones used. The basic issue on appeal was a question of whether the prior art showing a “gimbaled” attachment counts as being “fixed.”

Art 131

Art Invention Inventor Patent 131

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.

Art 69

Art Invention Inventor Patent 69

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.

Inventor 52

Inventor Patent Invention Patent Application 52

Patently-O

FEBRUARY 17, 2022

Thad Gabara is a former Bell Labs engineer and is a prolific inventor with 100+ patents in his name. Figures 10(a) and 10(b) compare the prior art with Gabara’s invention. by Dennis Crouch. Facebook, Inc. Supreme Court 2022). Patent Nos. 8,930,131; 8,620,545; 8,836,698; 8,706,400 ; and 9,299,348. .”

Patent 136

Patent Invention Art Inventor 136

Intepat

APRIL 20, 2022

To be granted a patent, an invention by the applicant must be novel, non-obvious, and must be such that can be manufactured or used in industry. Besides these basic, requirements an invention must also not fall under the criteria of non-patentable subject matter as discussed in Sections 3, 4, and 5 of the Patents Act, 1970 (“ Act ”).

Patent 98

Patent Inventor Invention Art 98

Patently-O

JUNE 28, 2022

When the Patent Act of 1790 refers to inventors, it lists gender inclusive forms of “he, she, or they:” [The inventor(s) must] set[] forth, that he, she, or they , hath or have invented or discovered any useful art, manufacture, engine, machine, or device, or any improvement therein… Patent Act of 1790.

Patent Law 103

Patent Law Law Inventor Patent 103

Patently-O

APRIL 28, 2022

In particular, the original specification must show ‘possession’ of the newly claimed invention. 132(a) (“No amendment shall introduce new matter into the disclosure of the invention.”). During prosecution, this is also captured under 35 U.S.C. 282 (as amended by AIA 2011).

Inventor 105

Inventor Invention Art Litigation 105

Patently-O

FEBRUARY 26, 2023

Does it matter whether the person doing the using is a member of the public, as opposed to the inventor? Most cases of “public use” have involved use by at least one member of the public—“a person other than the inventor who is under no limitation, restriction or obligation of secrecy to the inventor.” forthcoming 2024).

Public Use 92

Public Use Inventor Invention Art 92

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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Inventor Invention Intellectual Property Brands 66