Patently-O

AUGUST 17, 2021

The focus of the appeal is whether the purported “Burns” reference should count as prior art. the prior art disclosures of these documents are the same. On appeal, the Federal Circuit found “overwhelming evidence” that the reference was prior art.

Art 124

Art Inventor Litigation Publishing 124

IIPRD

JANUARY 7, 2025

But it’s now evident that AI is capable of producing inventions on its own, and there have been multiple documented instances of patent applications where the person applying for a patent has recognized AI as the inventor. If such products were created by a human inventor, they could be eligible for patent protection.

IP 98

IP Intellectual Property Invention Inventor 98

SpicyIP

OCTOBER 29, 2024

They argued that since the method was found in prior arts, the impugned invention was not novel. On lack of inventive step, they alleged that the use of phenyl acetyl carbinol as the starting compound for synthesis of amino alcohol was present in prior arts and it was obvious to any person skilled in the art to arrive at the final compound.

Invention 105

Invention Art Patent Intellectual Property Law 105

The IP Law Blog

NOVEMBER 9, 2023

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. Unitherm”), argued that it had rights to the patent because its president was an inventor and should be added to the patent. Also, Howard was not named as an inventor. The court in Pannu v.

Inventor 110

Inventor Invention Art Patent 110

The IPKat

OCTOBER 10, 2022

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator.

Inventor 140

Inventor Invention Patent Ownership 140

IP.com

MAY 23, 2022

Receiving full value on a patent is an important step for many companies and inventors who. The post Prior Art Valuations and Patent Scoping appeared first on IP.com - IP Innovation and Analytics. Valuing a patent is a multidisciplinary endeavor that incorporates legal, economic, and technical perspectives.

Art 98

Art Patent Inventor IP 98

Patently-O

MARCH 9, 2022

For each art-unit grouping, I show the percent of patents having US inventors (residence). The chart below provides a contrasting glimpse into the subject matter of US-originated patents compared with their foreign-originated counterparts.

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Inventor Art Patent 81

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. found in paragraph 10 of the Thaler decision: “First, an inventor is an agent noun; an agent can be a person or thing that invents.

Inventor 111

Inventor Patent Invention Intellectual Property 111

Larson & Larson

DECEMBER 16, 2024

Understanding Patent Claim Types: A Guide for Inventors and Practitioners Patent claims define the scope of protection granted by a patent. ” As subsets of independent and dependent claims, there are additional levels of categorization used as terms of art to help one distinguish between different styles.

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Inventor Patent Invention Art 40

The IP Law Blog

MARCH 10, 2022

The United States Copyright Office has refused to register a copyright for a work of art created by a machine. The work of art is a two-dimensional picture that is mostly dark and sort of looks like a painting. First, Mr. Thaler had no input into the work of art. Thaler filed a second request for reconsideration.

Art 97

Art Copyright Copyright Law Registration 97

The IP Law Blog

AUGUST 11, 2022

But can an AI system be a named inventor on a patent? That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system. Alternatively, if the Patent Act requires inventor(s) must be human, are AI-created inventions not patentable at all under the current statute?

Inventor 96

Inventor Invention Patent Patent Application 96

Patently-O

MARCH 12, 2022

I recently posted a chart showing that there is a significant difference in technology focus of patents tied to US-Inventors as compared with Non-US-inventors. Applications from US Inventors were significantly more likely to be rejected on eligibility than non-US Inventors (15% vs 10%). US Inventors.

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Inventor Art Invention Business 139

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. The core task of patent examination is identifying quality prior art.

Art 111

Art Invention Patent Application Publishing 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. In re Wands , 858 F.2d

Invention 246

Invention Art Inventor Patent 246

SpicyIP

NOVEMBER 30, 2024

The essence of the patent regime lies in, the ‘patent bargain’ – inventors are granted a monopoly over their invention for a fixed term of 20 years in exchange for a complete disclosure. This prevents inventors from withholding critical information while still benefiting from patent protection. This is a critical deficiency under s.

Patent Application 64

Patent Application Invention Patent Public Domain 64

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. The post Can an AI be Properly Considered an Inventor?

Inventor 98

Inventor Editing Copyright Copyright Law 98

Intellectual Property Law Blog

FEBRUARY 14, 2024

The Federal Circuit also engaged in a fact-specific obviousness inquiry regarding capacitor elements disclosed in the prior art. The patent owner response further argued that cited prior art Tayloe’s capacitors were not “storage elements” because they were not part of an energy transfer system. 2022-1548, (Fed.

Inventor 130

Inventor Art Patent Law 130

The IP Law Blog

APRIL 14, 2022

In this case, Pandaloon sought dismissal of CCC’s inequitable conduct claim on the grounds that CCC fails to plead with particularity knowledge of prior art, knowledge of the materiality of that prior art, and specific intent. Rather, merely pleading such intent through plausible allegations is sufficient.

Art 98

Art Inventor Patent Infringement Patent 98

Intellectual Property Law Blog

AUGUST 30, 2021

Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development. The rule of thumb is to focus the patent protection on what the inventors improve over the conventional technology. The state-of-art AI systems are far from perfection.

Invention 242

Invention Patent Privacy Inventor 242

Intellectual Property Law Blog

AUGUST 2, 2023

Background Mylan petitioned for inter partes review of Sanofi-Aventis’ ‘614 patent, alleging that the challenged claims were obvious based on a combination of three prior art references: Venezia, Burren, and de Gennes. Specifically, the Board found that de Gennes constituted analogous art to the ’614 patent.

Art 130

Art Inventor Patent 130

Kluwer Copyright Blog

MARCH 11, 2025

This leaves a vast area of unprotected elements that are necessary to creators, inventors, scientists and businesses. A copyright regime for out-of-commerce works was established by Arts. Both the out-of-commerce works regime and Art. The line of reasoning of Art. 811 of the CDSM Directive.

Copyright Law 105

Copyright Law Public Domain Copyright Law 105

Intellectual Property Law Blog

JULY 26, 2023

Background Hormel Foods appealed the District Court’s ruling that David Howard should be added as a joint inventor on its patents. Issue Whether Mr. Howard is a joint inventor based on the significance of his alleged contribution. The Federal Circuit “review[s] facts underlying inventorship for clear error.”

Inventor 130

Inventor Invention Art Patent 130

Patently-O

AUGUST 5, 2024

The basic holding is that the 102(a)(2)/(b)(2) safe harbor triggered by an inventor’s pre-filing “public disclosure” of the invention requires that the invention be made “reasonably available to the public.” Thus, as of Liao’s filing date, Kuo was not yet prior art. Sanho Corp. 2023-1336 (Fed.

Invention 111

Invention Inventor Art Public Use 111

IP Watchdog

SEPTEMBER 12, 2021

The Senators are asking the USPTO to take swift action to ensure that applicants are disclosing all known prior art at both the USPTO and the FDA. Food and Drug Administration (FDA).

Patent Application 115

Patent Application Art Patent Trademark 115

U.S. Department of Commerce

JUNE 24, 2022

Pride Month: Celebrating LGBTQIA+ Inventors and Entrepreneurs. An accomplished inventor, she was named on five patents by age 37. Bilenko examines a prototype of Dr. Brainlove, an interactive art car modeled on scans of her own brain. June 24, 2022. KCPullen@doc.gov. Fri, 06/24/2022 - 11:44. This month, the U.S.

Inventor 71

Inventor Intellectual Property Art Design 71

The IPKat

DECEMBER 31, 2021

The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent filing. If the inventor has disclosed their invention during the grace period, then further disclosures by third parties also don't constitute prior art ( AIA 35 U.S.C. 102(b)(1)(A) ).

Patent 132

Patent Inventor Patent Application Art 132

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. § 102(b)(2)(B).

Art 59

Art Inventor Invention Patent 59

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. The US imposes a duty to upon applicants to disclose all known relevant prior art in all US patent applications.

Patent Application 52

Patent Application Patent Invention Inventor 52

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. Swisa, Inc. ,

Design Patent 81

Design Patent Art Designs Design 81

IP.com

OCTOBER 9, 2024

On November 3, IP.com will unveil an exciting new chapter for the Prior Art Database. As part of our commitment to enhancing prior art and non-patent literature research, the platform will undergo a major transformation and rebranding.

Art 64

Art Inventor Publishing IP 64

JD Supra Law

MAY 17, 2023

An inventor must make a contribution to the claimed invention that is not insignificant in quality, when that contribution is measured against the dimension of the full invention. HORMEL FOODS CORPORATION (2022-1696, 5/2/23) (Lourie, Clevenger, and Taranto) Lourie, J. By: WilmerHale

Art 97

Art Inventor Invention Patent 97

JD Supra Law

APRIL 5, 2024

The Patent Trial and Appeal Board recently found claims directed to a web-based point of sale system and method unpatentable as obvious after conducting a thorough examination of whether a reference with one common inventor constituted prior art. By: Akin Gump Strauss Hauer & Feld LLP

Art 62

Art Ownership Inventor Patent 62

Patently-O

MARCH 13, 2024

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. This post discusses the analogous arts test and provides key guidance to patent attorneys in today’s post-AIA world. Daedalus Blue LLC v. Vidal , No.

Art 69

Art Invention Inventor Patent 69

IP Watchdog

APRIL 8, 2024

RE47,494 E is owned by inventor Frank Amidio Catalano and covers “a device to prevent corrosion [in motor vehicle radiators] caused by electrolysis.” Mahle Behr requested IPR of the patent, arguing that a prior art reference called Godefroy anticipates and renders obvious certain claims.

Patent 105

Patent Inventor Art Trademark 105

Patent Trademark Blog

MARCH 13, 2025

prior art search required USPTO fee in addition to the initial design application fees may be requested after the initial filing of a design application examination will start in about 2-4 months from the grant date of the request Can a new patent attorney file a Rocket Docket request in your pending design application?

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

FEBRUARY 15, 2024

Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application. In this case, Dr. Stephen Thaler created an AI program that he listed as the only inventor on two US patent applications. The USPTO rejected these applications for lack of a proper inventor. prior art).

Inventor 52

Inventor Patent Invention Patent Application 52

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