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

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

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

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

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

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

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

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

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].

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Art Invention Public Domain Publishing 52

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 129

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

Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.”

Invention 59

Invention Art Patent Designs 59

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.

Art 126

Art Journalism Patent Law Invention 126

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 134

Patent Law Law Inventor Patent 134

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 67

Patent Law Law Patent Invention 67

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

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.

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Inventor Invention Patent Patent Application 96

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

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

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

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.

Journalism 105

Journalism Art Patent Law Invention 105

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.

Inventor 52

Inventor Invention Patent Designs 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

JD Supra Law

FEBRUARY 7, 2022

The traditional understanding in copyright law is that the concept of “prior art” is only applicable to patents and that the term is not relevant in assessing whether a defendant has infringed someone’s copyright. Patent law demands that an invention must be new and novel to receive protection.

Copyright Law 52

Copyright Law Art Law Copyright 52

LexBlog IP

SEPTEMBER 23, 2022

In United States patent law, in addition to satisfying the requirements for subject-matter eligibility, novelty, enablement, definiteness, and nonobviousness, a patent must comply with the written description requirement as specified in 35 U.S.C. Written description is an issue of fact, which is resolved on a case-by-case basis.

Patent Law 52

Patent Law Law Invention Patent 52

JD Supra Law

MAY 25, 2023

21-757 dealt with patent law’s “enablement” requirement. Sanofi, U.S., Justice Gorsuch delivered the opinion for a unanimous Court.

Patent Law 52

Patent Law Law Patent Invention 52

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

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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Invention Art Patent Law Law 64

LexBlog IP

JANUARY 5, 2023

In United States patent law, in addition to satisfying the requirements for subject-matter eligibility, novelty, enablement, nonobviousness, and written description, a patent must comply with the definiteness requirement as specified in 35 U.S.C. §112(b). [1] §112(b). [1] ” [3].

Patent Law 52

Patent Law Law Inventor Patent 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

The IPKat

AUGUST 11, 2023

PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. Sceptical Kat Has DABUS invented?

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Inventor Invention Law Ownership 52

Selvam & Selvam Blog

NOVEMBER 21, 2024

and Microbial Chemistry Research Foundation, filed an appeal against the Deputy Controller of Patents & Designs for refusing a patent application for solvated and non-solvated crystalline forms of 20,23 dipiperidinyl-5-O-mycaminosyl-tylonolide. Improperly ignored expert evidence and guidelines for pharmaceutical patent examination.

Patent 52

Patent Art Invention Designs 52

Patently-O

APRIL 12, 2023

These cases broadened scope of the “abstract idea” and “law of nature” exclusions in ways that largely overlap with other patent law doctrines, such as obviousness, indefiniteness, and even enablement. CLS Bank Int’l , 573 U.S. 208 (2014). SG Brief.

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Technology Art Patent Invention 64

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

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Invention Patent Art Technology 75

The IPKat

MAY 19, 2024

The USPTO specifically calls for views on how the proliferation of AI could affect evaluations of patentability, including what qualifies as prior art and the capabilities of the person skilled in the art. AI and the question of what is "the prior art"? The full call for views can be viewed here.

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Patent Art Invention Patent Law 60

LexBlog IP

AUGUST 28, 2023

However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and the written description of the patent to which it belonged failed to describe “ how ” the claimed invention implemented this element. § 112(a)).

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Invention Patent Application Art Patent 52

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.

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Patent Law Law Patent Litigation 95