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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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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Invention Publishing Inventor Designs 81

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. Still, seemingly qualify as prior art under 35 U.S.C.

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SpicyIP

JUNE 29, 2024

The Exclusion of ICMR from the Patent Application Last weekend, a series of unusual developments regarding the Covaxin patent (Patent Application Number: 202041007559) generated significant buzz. [A big thanks to Swaraj for his inputs on the post.] This is also indicated as his address in the Form 1.

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Patent Application Inventor Patent Intellectual Property 64

Intellectual Property Law Blog

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development. from 1990-2018.

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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.

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Inventor Invention Patent Application Patent 52

Patently-O

MAY 25, 2023

2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide catheter used in interventional cardiology procedures. In an attempt to invalidate these patents, Medtronic launched a succession of Inter Partes Review (IPR) petitions. Patent 7,736,355 (“Itou”) could be regarded as prior art.

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Invention Inventor Art Patent Application 70

LexBlog IP

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. the Office is aware of and evaluates the teachings of all information material to patentability.”

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Invention Inventor Patent Application Patent 52

IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 1] The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. In Thaler v. 4] Based on U.S.

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Invention Inventor Patent Application Designs 52

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. 9,980,498 (the “’498 Patent”). Iolab Corp.

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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. Third, nothing in the Act dictates the contrary conclusion.”. Firstly, Kim et al. Firstly, Kim et al. However, Kim et al.

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Inventor Patent Invention Intellectual Property 111

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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Invention Art Inventor Patent 246

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. patents and patent applications.

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Inventor Invention Patent Application Designs 117

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. The case involved a patent infringement suit over an improved vacuum tube used in radio communications. Background The patent at issue, U.S. General Electric Co. , 571 (1931).

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Invention Art Patent Television 62

Patently-O

NOVEMBER 28, 2023

by Dennis Crouch The Patent Trial and Appeal Board recently designated as precedential a portion of its Penumbra v. 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. Penumbra, Inc.

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Patent Trademark Blog

APRIL 19, 2023

What does patent obvious mean? To be patentable, an invention must be novel and nonobvious. A novel invention is new, unique, something hasn’t been before. But, what makes a patent application obvious? Want to file a nonobvious patent? Who really decides if a claimed invention is obvious?

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Patent Patent Application Invention Art 98

TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

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Patent Application Patent Invention Inventor 52

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. The process of patenting can be daunting, but with the right tools and resources, it doesn’t have to be. Patent Basics. Patent Search. Patent Search Tools. Patentscope.

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Inventor Intellectual Property Invention Patent Application 52

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 54

Larson & Larson

FEBRUARY 13, 2021

A high number of patent applications are given a non-final rejection from the USPTO according to Yale. Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand.

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Art Patent Invention Patent Application 52

Kashishipr

JULY 28, 2021

In the absence of such a doctrine, the true essence of the patent and the monopolistic rights would never be realized to their full potential as it would enable the competitors to make unimportant changes to the invention to claim another set of rights altogether. Brief Introduction.

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Patent Application Patent Invention Art 59

JD Supra Law

OCTOBER 12, 2021

Those four tips are applicable to any subject matter, including chemical, mechanical, and software inventions. Those four tips are applicable to any subject matter, including chemical, mechanical, and software inventions. By: Jason Nolan

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Inventor Business Patent Application Invention 52

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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Inventor Editing Copyright Copyright Law 98

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. Subsequently, the patent application was rejected in September 2020.

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Intellectual Property Law Blog

JUNE 7, 2023

Part Two of this article series covers subject matter eligibility, prior art, and future opportunities. PART ONE Patent Claims and Inventorship The Federal Circuit in Thaler v. 2022) recently confirmed that an inventor under the patent statute must be a natural person. Vidal , No. 2021-2347 (Fed.

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Patent Intellectual Property Patent Application Inventor 130

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. Who can file a patent application?

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Patent Inventor Invention Intellectual Property 105

LexBlog IP

JUNE 23, 2022

The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) invalidated the CN Invention Patent No. The novelty art is an article published within the grace period (i.e., The novelty art is an article published within the grace period (i.e.,

Art 52

Art Patent Prosecution Patent Application Intellectual Property 52

IP Tech Blog

JUNE 30, 2021

A patent must teach one skilled in the relevant art how to make and use the claimed invention, as required by 35 U.S.C. The Manual of Patent Examining Procedure (MPEP) 608.01(p) The Manual of Patent Examining Procedure (MPEP) 608.01(p) Normally, the USPTO does not question the veracity of disclosed results.

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Invention Inventor Patent Application Art 52

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. However, even after fulfilling these requirements, an additional requirement is to be fulfilled by the inventor/applicant and that is of ‘enablement’.

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Patent Inventor Invention Art 98

Intellectual Property Law Blog

JULY 25, 2023

This case addresses requirements to correct inventorship of a patent. Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. Three months before filing the applications for the six patents, Ragner held a meeting to seek investors, which included Berardi.

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IP Intelligence

JUNE 7, 2022

Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications. Patent and Trademark Office (USPTO). On June 6, the U.S. Procedural History. The Appeal.

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Invention Inventor Patent Patent Application 52

Patently-O

NOVEMBER 17, 2023

Teleflex delves into the old pre-AIA law of inventorship and prior art. Although the PTAB granted the petitions, it eventually sided with the patentee — agreeing that one of the asserted references did not qualify as prior art. The Itou application was filed about nine-months before the Teleflex application.

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Invention Inventor Art Patent Application 57

Patently-O

FEBRUARY 27, 2024

This post breaks down the guidelines and walks through some potential strategies for patent applicants. ” 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.”

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Art Invention Patent Application Patent 120

The IPKat

JUNE 10, 2024

Nonetheless, with limited avenues available for broad antibody inventions in the US, Chamberlain suggests that means-plus-function language is worth a shot. The written description requirement necessitates the invention to be adequately described in the specification. Furthermore, the question of enablement was not reviewed.

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LexBlog IP

JUNE 7, 2022

Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications. Patent and Trademark Office (USPTO). On June 6, the U.S. In ruling on the parties’ cross-motions for summary judgment, the U.S.

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Invention Inventor Patent Patent Application 52

Kashishipr

MAY 25, 2022

A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process.

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Patent Patent Application Inventor Invention 78

Patently-O

SEPTEMBER 13, 2022

Now, Minerva has petitioned the Federal Circuit for an en banc rehearing on the following question: For purposes of determining whether assignor estoppel applies, how should a court determine an inventor’s representation of patent scope in a never-issued claim in the original patent application? Minerva Petition.

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Invention Inventor Patent Application Patent 60