The IPKat

MARCH 24, 2023

In order to understand whether a purported technical effect may be relied on for inventive step, the EBA concludes that the substantive question remains what would the skilled person understand from the application as filed? For the EBA, the substantive question at the heart of G 2/21 is a familiar one that needs no reference to plausibility.

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Invention Publishing Patent Art 131

Intellectual Property Law Blog

DECEMBER 21, 2023

16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. Patent Nos. Background Palette Life Sciences, Inc.

Patent Law 147

Patent Law Patent Law Art 147

Patently-O

MAY 18, 2023

The Patent Act requires that patent applicant describes the invention in explicit terms to enable any person skilled in the art to make and use the invention. In other words, the specification must enable the full scope of the invention as defined by its claims. The more one claims, the more one must enable.

Patent Law 122

Patent Law Law Patent Invention 122

Patently-O

MAY 15, 2024

” The dissenters saw a fundamental distinction between a patentee’s exclusive rights in the patented invention itself versus contractual rights in unpatented articles used with the invention. Soon thereafter, the “Oldfield Bill” proposed a number of limitations on patent rights.

Patent Law 111

Patent Law Patent Law Invention 111

Patently-O

SEPTEMBER 20, 2021

What is the appropriate standard for determining whether a patent claim is directed to” a patent-ineligible concept under step 1 of the Court’s two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § See also Mohapatra v. Hirshfeld (pro se). PersonalWeb Technologies, LLC v.

Patent Law 106

Patent Law Law Patent Art 106

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.

Invention 98

Invention Art Patent Reporting 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

OCTOBER 4, 2021

Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued.

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Journalism Art Patent Law Invention 105

Patently-O

AUGUST 22, 2022

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

Patent Law 91

Patent Law Law Patent Invention 91

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. It is then interesting to think about whether the level of skill in the art is changed by the addition of AI.

Invention 69

Invention Patent Law Law Art 69

The IPKat

JANUARY 28, 2025

The test appears relatively patentee-friendly, with the Local Division finding infringement of the claims despite the alleged infringement lacking explicit features of the invention as defined by the claims. MFCs using microorganisms to convert organic compounds into electrical energy were known in the art.

Invention 90

Invention Art Patent Designs 90

Patently-O

DECEMBER 5, 2021

Crunch admits that all of the elements of his invention were individually available in the prior art. However, he has not seen any prior art that combines everything together in this particular way. In particular, mini-trampolines with handles were already available, as were touch screens for displaying real-time instructions.

Patent Law 111

Patent Law Law Patent Art 111

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. Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore how we can help. Where was the invention made?

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Patent Application Patent Invention Inventor 52

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. So far, there remains no valid test, set of rules, body of practice, or body of decisions that could determine patent eligibility.

Technology 52

Technology Invention Patent Intellectual Property 52

The IPKat

JANUARY 17, 2023

The Board of Appeals approach leads them to accept both the novelty and inventive step of a subrange that is very close to that of the prior art, and which has an overlapping technical effect with that of the prior art. However, the “purposive selection” criteria for novelty gradually lost favour with the Boards of Appeal.

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Invention Art Law Patent Law 140

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed.

Patent Law 96

Patent Law Law Inventor Patent 96

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. Stephen L.

Inventor 96

Inventor Invention Patent Patent Application 96

Patently-O

JULY 13, 2023

by Dennis Crouch If you break it down far enough, every invention is simply a combination of known materials or steps. This is a flexible analysis (KSR) with the PTO and courts typically looking for a “motivation to combine” the prior art teachings that would have a “reasonable expectation of success.”

Invention 75

Invention Art Patent Patent Law 75

Patently-O

JULY 22, 2021

Obviousness is the central doctrine of patent law. 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.

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Invention Art Marketing Marketing 126

Patently-O

FEBRUARY 17, 2025

by Dennis Crouch The Supreme Court's 2024-2025 patent docket has a growing number of cases awaiting consideration. I count fifteen pending cases that could reshape multiple facets of patent law. Celanese raises questions the the scope of the on-sale bar under the America Invents Act, particularly for secret processes.

Patent 52

Patent Patent Law Invention Art 52

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.

Patent 105

Patent Art Invention Patent Application 105

Patently-O

FEBRUARY 24, 2022

and (2) Is eligibility a pure questions of law (based upon the claims); or does it also involve a “question of fact for the jury based upon the state of the art at the time of the patent?” The invention in Yu was a multi-lens camera deemed abstract by the Federal Circuit. ( Alice Step 1). Menell and Lefstin.

Patent Law 95

Patent Law Law Patent Litigation 95

JD Supra Law

FEBRUARY 24, 2025

Determining whether a claimed invention is obvious under 35 U.S.C. 103 often depends on whether the prior art provides a clear motivation for modifying existing knowledge. Central to this analysis is the concept of a result-effective variablea parameter recognized in the prior art as influencing a particular property or outcome.

Patent Law 70

Patent Law Art Law Invention 70

Patently-O

NOVEMBER 9, 2021

The case was set-up as a showdown on questions of patent eligibility in the “highly esoteric field of computer technology.” But, in the end, the court focused on the more mundane question of obviousness — a doctrine it continued to refer to as “invention.” ” Id. In re Johnston , 502 F.2d

Invention 75

Invention Patent Art Technology 75

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.

Journalism 64

Journalism Invention Art Patent 64

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.

Invention 69

Invention Art Patent Patent Law 69

SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

Inventor 122

Inventor Invention IP Ownership 122

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).

Invention 64

Invention Art Patent Television 64

The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed. here , at 792].

Patent Law 72

Patent Law Law Patent Invention 72

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. Lisa did not otherwise significantly contribute to the conception of the invention. The patent examiner is attempting to decide whether to reject the claims. His first prototype testing occurred in 2018 and continued up until the end of 2019.

Patent Law 78

Patent Law Law Patent Patent Application 78

SpicyIP

DECEMBER 2, 2024

Other Posts Book Launch: Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law (December 4, 2024) Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law by Adarsh Ramanujan, FCIArb is being released on December 4, 2024 at the Delhi High Court. In this post by Kartikeya S.,

Invention 52

Invention Trademark Reporting Editing 52

Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Mangrove Partners Master Fund, No.

Patent Law 75

Patent Law Law Patent Art 75

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2022

Novelty means that the invention must be new or novel and must not have been anticipated by any published document in the world. In order to prove novelty, it must be proved that no other document in the world has any prior claim relating to the subject matter of the invention. a) Prior Publication [Section 29(1), the Act].

Art 52

Art Invention Public Domain Publishing 52

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. 3(e), in La Renon Health Care Pvt.

Invention 69

Invention Patent Art Patent Law 69

Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. The prior art is used to help measure the scope of the claims. 2021-2299 (Fed.

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Design Patent Art Design Designs 81

Patently-O

JUNE 6, 2024

According to the complaint [ SDNY-1-24-cv-04156-1 ], in 2020 Neuropublic retained Ladas & Parry to assess the patentability of its innovative “telemeter station” technology for the agriculture industry. “Neuropublic’s Proposed Invention Disclosure has been otherwise confidentially maintained and protected in Greek.”

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Confidentiality Law IP Invention 113

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. The authors also propose a number of counter-arguments against the reasoning of Beach J., Firstly, Kim et al. Finally, Beach J.

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Inventor Patent Invention Intellectual Property 111