Intellectual Property Law Blog

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. ,

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Art Inventor Invention Patent 147

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. AI patent activities by year. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development.

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Invention Patent Privacy Inventor 242

SpicyIP

JULY 4, 2024

Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application! Despite the withdrawal of the appellant’s patent application, it was wrongfully published.

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Art Publishing Patent Application Invention 105

Patent Trademark Blog

MAY 22, 2023

What is patentable? To be patentable, an invention must be both eligible and unique. Subject matter eligibility relates to the nature of the invention while uniqueness has to do with what has been done in the past. A unique invention must be both novel and nonobvious over the prior art , or past stuff.

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Invention Patent Application Patent Art 85

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. Sanho Corp. 2023-1336 (Fed. 35 U.S.C. §

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Invention Inventor Art Public Use 111

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. This information is related to the patent applications. Several bacteria, such as Pseudomonas sp.

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Art Patent Public Domain Invention 52

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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Invention Patent Prosecution Patent Art 96

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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Patent Law Law Invention Patent 105

Intellectual Property Law Blog

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. This information is helpful to the USPTO, which believes that “the most effective patent examination occurs when.

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Invention Inventor Patent Application Patent 130

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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Invention Copyright Patent Inventor 113

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.

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Art Invention Copying Design 130

The IPKat

DECEMBER 13, 2023

The recent Board of Appeal decision in T 1356/21 covered a number of interesting legal points in the field of pharmaceutical patents. The case related to the novelty and inventive step of a second medical use claim. However, it is possible to patent a "substance or composition for use " in a method of treatment.

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Invention Patent Law Art 117

SpicyIP

AUGUST 27, 2024

Balaji of the Madras High Court (MHC) delivered two decisions that overturned the Controller’s rejection of patent applications, siding with the appellants in both cases. Bitter Pill to Swallow: Controller’s Decision Overturned for Kyrorin’s Patent Application The first one is Kyorin Pharmaceutical Co v. 5360/CHENP/2010).

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Patent Art Invention Patent Application 105

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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Art Invention Patent Application Publishing 111

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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Art Patent Invention Publishing 62

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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Art Patent Invention Copying 138

SpicyIP

OCTOBER 29, 2024

Malladi Drugs, SpicyIP Intern Bhuwan Sarine analyses the Court’s finding on the burden of proof in patent matters concerning revocation petitions. 64 of the Patents Act, 1970 (“the Act”). Accordingly, the Court decided in favour of Malladi Drugs (“Respondent”), upholding the validity of its patent. Petitioner”) under s.

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Invention Art Patent Intellectual Property Law 105

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. T 0258/21 : Case background T 0258/21 related to the EP patent application EP 12716828.4.

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Invention Art Publishing Patent Application 117

SpicyIP

NOVEMBER 30, 2024

Recently, the Indian Patent Office rejected a patent application by UPL Ltd. for lack of sufficient disclosure mandated under Section 10(4) of the Patents Act. In the context of this order, SpicyIP intern Deepali Vashist discusses the disclosure requirement under the Patents Act and what it means for the larger patent bargain.

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Patent Application Invention Patent Public Domain 64

IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S.

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Art Designs Design Invention 98

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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Invention Art Patent Reporting 98

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

Invention 52

Invention Art Patent 52

The IPKat

JUNE 13, 2024

The cover article of the May 2024 edition of the CIPA Journal proposed a new test for inventive step using AI. The CIPA journal article proposes to use an AI derived measurement of semantic similarity between the claims and the prior art as a new test for inventive step.

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Journalism Invention Art Patent 60

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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Invention Art IP Patent 98

The IPKat

MARCH 29, 2024

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. 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.

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Invention Art Reporting Patent 56

The IPKat

JULY 18, 2024

The UPC Central Division also takes a strong stance on the patentability of therapeutic antibody inventions in Europe. The decision of the UPC confirms that the US and European approaches to antibody inventions are diametrically opposed. The decision is not just remarkable for being the first decision of its kind.

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Invention Art Patent Patent Law 64

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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Invention Art Litigation Patent 130

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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Art Invention Patent 98

The IPKat

NOVEMBER 10, 2024

, the IPKat published a post by KatFriend, Peter Arrowsmith ( GJE ) on the Court of Appeal's decision in Emotional Perception , together with a poll asking if it was time for an overhaul of the exclusions to patent protection. The list of non-inventions in Art. 52(2) EPC is now more than 50 years old.

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Patent Invention Art Designs 100

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. The discovery, development and patenting of biologics has been historically tied to the ‘product of nature’ question under patent law. CLS Bank Int’l. Kibow Biotech Inc.,

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Invention Patent Art Patent Law 69

The IPKat

NOVEMBER 13, 2023

A recent Board of Appeal decision T 0273/22 related to a patent in the same family as that of the landmark UK Supreme Court decision Regeneron v Kymab. In particular, in this divisional patent Regeneron had attempted to avoid a novelty attack by explicitly disclaiming embodiments of the invention from the claim.

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Invention Art Patent Law 70

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 64

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. §

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Art Inventor Invention Patent 59

Intellectual Property Law Blog

JUNE 20, 2023

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments. Part One of this series covers claim scope and inventorship.

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Patent Invention Art Patent Application 130

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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Invention Patent Law Law Art 69

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 72

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 Design 81