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In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).
In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).
A major reason for this is that an examiner’s interpretation of a claim drawn to an innovation that may be worthy of patent protection may cause them to determine that the subject matter as claimed is not patentably distinct from the prior art.
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.
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.
Patentdrafting is a critical process that involves creating a written document that describes an invention and lays out the grounds for obtaining patent protection. Here are some key points to keep in mind when drafting a patent application: Start by understanding what type of patent protection you need.
8,671,132 (‘132 patent) unpatentable under 35 U.S.C. § 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. Patentees also have tools at their disposal to potentially narrow the scope of analogous art.
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.
by Dennis Crouch The Federal Circuit recently issued an important decision regarding the analogous art doctrine in Netflix v. The Patent Trial and Appeal Board’s sided with the patentee, holding that a key prior art reference was not analogous art. 22-1138, — F.4th 4th — (Fed.
US patent attorneys wishing to understand certain peculiarities of European patentdrafting need look no further than the recent Board of Appeal decision in T 2171/21. The case law relating to pointers and selection inventions is well established CLBA, II-E-1.6.2c) ).
If you are looking for a tool capable of generating meaningful verbal reasoning in the form of a patentdraft or office action response, anything predating LLMs may therefore be reasonably ignored. LLMs for patentdrafting and prosecution Superficially, patentdrafting and prosecution therefore seems to be an ideal use case for LLMs.
The Jepson format is a way of writing patent claims where the preamble states the known prior art, and the body specifies the improvements made over this prior art. ” The patent regulations indicate that any “improvement” invention should be drafted in Jepson format. ” MPEP 2129.
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. What is patent? Essentially, it protects the functional aspects of inventions.
2024), gives me pause to consider more general eligibility issues of AI Inventions. When does the design or creation of AI system elements qualify as an eligible invention? Therefore, that limitation could not supply the inventive concept required to transform the claims into patent-eligible subject matter. 4th __ (Fed.
One of the other main concerns raised by IPQC members is that, currently, the patent examination seems to be more biased in the favour of granting patents regardless of the merit of a particular invention. – The patent system needs complete searches and substantive examination for functioning well. .
Filing a patent application first requires an invention. An invention includes both (1) conception and (2) reduction to practice. Conception is the formation, in the mind of the inventor, of a definite and permanent idea of a complete and operative invention. Solvay S.A. Honeywell International , 742 F.3d For example.
An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Patentability Search. Office Actions.
An invention becomes patentable when it is novel, has an inventive step or is non-obvious. In order to determine whether a particular invention satisfies these preconditions set forth under the Patents Act 1970, it is imperative that an applicant carries out a thorough patent search.
In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. Part One can be viewed here. Part Two can be viewed here. Part Three.
However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? A provisional patent application allows a patent applicant to reserve priority in an invention before committing to the full utility patent application process.
In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. Part One can be viewed here.
What types of patent review comments are less important? Avoid spending too much time reviewing the background of the invention. Any explanations of the prior art do not need to get into too much detail. When it comes to talking about the prior art, less is more. How should you review patent drawings?
Venturing into the patent archives reveals a plethora of Halloween-inspired inventions, highlighting the seamless blend of creativity and business during this eerie season. Today we descend into the cryptic catacombs of patentdrafting to exhume a narrative of innovation entangled in a web of woes.
Patent Facilitation Programme (TIFAC). TIFAC is an autonomous organization under the Department of Science & Technology mandated to access state-of-art technology and to formulate a technology vision for the development of technology in emerging technological areas in India. . Patent searches. Patent/technology landscaping.
Patents: Inventorship Can an AI, such as ChatGPT, invent? No, according to various patent offices and patent laws around the world. Patent law, the term “inventor” is defined as an “individual” or “individuals” who “invented or discovered the subject matter of the invention.”
PatKat has decided to take a look to see if any of currently available tools can assist with patentdrafting for life sciences. LLMs for patentdrafting We are now awash with companies claiming to provide LLM software capable of draftingpatent applications.
Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.
Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.
Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.
If your drug candidate is a mere obvious modification of a known product you will face an uphill battle convincing the patent office that you have a patentableinvention, regardless of whether it was derived using AI-tool or through human endeavour. Protecting the platform: To patent or trade secret? Alfie (a.k.a.
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