Patently-O

MARCH 21, 2023

Vidal ask the Supreme Court one simple question: Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone? We are are now at a point where it is easy to see an AI tool creating inventive output. In Thaler’s view, DABUS was the inventor since it was the “individual.

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The IP Law Blog

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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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. ,

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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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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

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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Intellectual Property Law Blog

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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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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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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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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IP Watchdog

MARCH 24, 2025

I started our conversation by asking Harrier about invention harvesting, which I know from many conversations with in-house attorneys is one of the more difficult but critical important aspects of their job.

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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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Larson & Larson

DECEMBER 16, 2024

Understanding Patent Claim Types: A Guide for Inventors and Practitioners Patent claims define the scope of protection granted by a patent. Independent Claims: An independent claim stands on its own and includes all elements of the invention. All claims fall into the Categories of either independent claims or dependent claims.

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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.

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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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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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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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Patent Trademark Blog

MARCH 6, 2025

Inventors located outside the US can file US patent applications. Foreign inventors, however, must be careful to follow the patent laws of the country in which the invention was made. Where was the invention made? For example, an invention made in China must first be filed with the Chinese patent office.

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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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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?

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IP and Legal Filings

DECEMBER 19, 2024

Many courts tried to determine whether a software invention is abstract by devising several tests to determine whether any invention related to computers might be patentable. In the instant case the term inventive step was stretched over the economic value of the inventive. In Bishwanath Prasad Radhey Shyam v.

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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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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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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?

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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.

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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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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).

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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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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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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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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.

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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.

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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. §

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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.

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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.”

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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 ”).

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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. .”

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