Patently-O

MARCH 21, 2023

Vidal ask the Supreme Court one simple question: Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone? The basic idea here is that we have a public policy goal of encouraging innovation and invention, “promot[ing] the Progress of Science and useful Arts.”

Inventor 122

Inventor Invention Patent Art 122

IIPRD

JANUARY 7, 2025

PATENTS The arena of patents has evolved with time, and in contemporary times, the scope of subject matter that is patentable has also evolved, which in turn has modified the requirements of patents. As contemporary technology has developed, the patent system has faced fresh difficulties.

IP 98

IP Intellectual Property Invention Inventor 98

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.

Patent Application 64

Patent Application Invention Patent Public Domain 64

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

Valuing a patent is a multidisciplinary endeavor that incorporates legal, economic, and technical perspectives. 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.

Art 98

Art Patent Inventor IP 98

Patently-O

AUGUST 17, 2021

Ironburg won a $4 million judgment regarding two patents (now on appeal) and the district court stayed the litigation regarding U.S. Patent Nos. Those two patents are the subject of this appeal. The focus of the appeal is whether the purported “Burns” reference should count as prior art. ” Fed.

Art 124

Art Inventor Litigation Publishing 124

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. Hilty, and Peter R. Slowinski expound on the evolving case-law in this subject area. Firstly, Kim et al. However, Kim et al.

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.

Inventor 40

Inventor Patent Invention Art 40

Patent Trademark Blog

MARCH 13, 2025

How long does it take to get a design patent? On average, a design patent application can take about 16 months for the initial examination. In fact, we have seen design patent applications take two to three years for the initial review by the examiner. Need to speed up your design patent application?

Design Patent 52

Design Patent Designs Design Patent 52

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. 9,980,498 (the “’498 Patent”). Unitherm”), argued that it had rights to the patent because its president was an inventor and should be added to the patent. Iolab Corp.

Inventor 110

Inventor Invention Art Patent 110

Intellectual Property Law Blog

MAY 22, 2023

After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. § 112(a), and are thus invalid. In re Wands , 858 F.2d 2d at 737, 8 USPQ2d at 1404 (Fed.

Invention 246

Invention Art Inventor Patent 246

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. Overall, 83% of the patents received some sort of rejection prior to issuance. 13% of these patents were rejected on eligibility grounds prior to issuance.

Inventor 139

Inventor Art Invention Business 139

Patently-O

MARCH 9, 2022

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

Inventor 81

Inventor Art Patent 81

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. 7,110,444 (the “’444 Patent”), which was directed to frequency translation technology as utilized in wireless local area networks (WLANs). Background and Procedural History ParkerVision owned U.S.

Inventor 130

Inventor Art Patent Law 130

Patent Trademark Blog

MARCH 6, 2025

Can foreign applicants file US utility patent applications? 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. Are you a foreign business looking to apply for a US patent?

Patent Application 52

Patent Application Patent Invention Inventor 52

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.

Art 111

Art Invention Patent Application Publishing 111

The IP Law Blog

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. 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.

Inventor 96

Inventor Invention Patent Patent Application 96

The IPKat

DECEMBER 31, 2021

The EPO has launched a user consultation on grace periods for patents, the results of which will be published in early 2022 ( EPO press release ). 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. 102(b)(1)(A) ).

Patent 132

Patent Inventor Patent Application Art 132

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

IP Watchdog

SEPTEMBER 12, 2021

Patent and Trademark Office (USPTO), discussing the issue of inconsistent statements made by patent applicants pursuant to their disclosure requirements at the USPTO and other federal agencies, especially the U.S. Food and Drug Administration (FDA). Food and Drug Administration (FDA).

Patent Application 115

Patent Application Art Patent Trademark 115

Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

Design Patent 119

Design Patent Designs Design Patent 119

IP Watchdog

APRIL 8, 2024

Patent and Trademark Office (USPTO) Director Kathi Vidal vacated and remanded a decision of the Patent Trial and Appeal Board (PTAB) on Friday that had denied institution of an inter partes review (IPR) requested by auto parts manufacturer, Mahle Behr Charleston, Inc.

Patent 105

Patent Inventor Art Trademark 105

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. And then, in 2021, the USCO and the U.S. Importantly, the U.S.,

Inventor 98

Inventor Editing Copyright Copyright Law 98

Patently-O

FEBRUARY 17, 2022

Thad Gabara is a former Bell Labs engineer and is a prolific inventor with 100+ patents in his name. Along the way, Gabara also became a patent agent and personally prosecuted many of his recent patents, including the Sliding Window patents asserted here. Patent Nos.

Patent 136

Patent Invention Art Inventor 136

IP and Legal Filings

DECEMBER 19, 2024

Patent protection may limit access to new ideas and technology and, therefore, raise concerns about disparities in access and stifle the growth of the metaverse as a shared online space. Ethical dimensions of patenting critical Metaverse innovations should be watchful and counter any anti-competitive practice that might arise.

Technology 52

Technology Invention Patent Intellectual Property 52

The IP Law Blog

APRIL 14, 2022

Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.” Inequitable conduct is an equitable defense to patent infringement that, if proved, bars enforcement of a patent. Rule 9(b) of the Federal Rules of Civil Procedure governs inequitable conduct claims.

Art 98

Art Inventor Patent Infringement Patent 98

Patently-O

JUNE 28, 2022

The following year, Congress passed the first patent act that was then signed-into law by President George Washington. Swanson, Making Patents: Patent Administration, 1790-1860 , 71 Case W. That said, patenting by women was at an extremely low level. patent system. See, Kara W.

Patent Law 103

Patent Law Law Inventor Patent 103

IP Watchdog

MAY 19, 2022

Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) that had found Google failed to prove the relevant claims of IPA Technologies, Inc.’s s patents to be unpatentable. The CAFC found that the PTAB “failed to resolve fundamental testimonial conflicts in concluding that the relied-upon reference was not prior art.”

Patent 119

Patent Inventor Art Technology 119

Patently-O

NOVEMBER 15, 2023

by Dennis Crouch The USPTO is officially establishing a separate design patent practitioner bar with its final rule published on November 16, 2023 and effective January 2, 2024. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

Design Patent 111

Design Patent Designs Design Graphic Design 111

Intellectual Property Law Blog

AUGUST 2, 2023

The Federal Circuit reversed a Patent Trial and Appeal Board (“Board”) decision finding the challenged claims of Sanofi-Aventis’ ’614 patent unpatentable as obvious. The parties agreed that the ’614 patent and the de Gennes reference belonged to distinct fields of endeavor.

Art 130

Art Inventor Patent 130

IPilogue

SEPTEMBER 28, 2021

Apotex ], I have decided to look at precedence from around the world where courts have contemplated recognizing artificial intelligence (AI) technology as an “inventor.” However, this 2002 decision did not define whether AI technology can be an inventor. Australia: Thaler v Commissioner of Patents [2021] FCA 879.

Technology 111

Technology Inventor Patent Patent Law 111

IP and Legal Filings

DECEMBER 28, 2021

With growing inventions, inventors are gaining prominence and expertise in their field. For such inventions, it is necessary that the inventors gain a full monopoly and they should be able to get utmost profit out of his invention. For this, it is important to understand the relevance of patents. Patent Engineer.

Patent 98

Patent Inventor Invention Patent Application 98

Intellectual Property Law Blog

JUNE 7, 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 Patent Claims and Inventorship The Federal Circuit in Thaler v.

Patent 130

Patent Intellectual Property Patent Application Inventor 130

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. Howard’s contribution is “recited only once in a single claim” of the patent-at-issue.

Inventor 130

Inventor Invention Art Patent 130

Patent Trademark Blog

FEBRUARY 24, 2025

Are you dealing with a difficult patent examiner? According to this Yale study , about 88% of US utility patent applications will receive a first rejection. Getting a first Office Action in your nonprovisional patent application is simply par for the course. Welcome to the club called Nearly Every Utility Patent Applicant.

Patent Application 52

Patent Application Patent Art Invention 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 case was remanded back to the USPTO 10 months ago, and not patent has issued yet.

Design Patent 81

Design Patent Art Designs Design 81

Olartemoure Blog

DECEMBER 21, 2023

Today, we present 5 patents that breathe life into the comforting wonders of Christmas. ROTATING CHRISTMAS TREE STAND US1988343A Inventor: Claris F. Tacy Assignee: Individual Date of Patent: Jan. REUSABLE GIFT-WRAPPING FABRIC US9174783B1 Inventors: Stephanie Grabell and Jodi Kahane Assignee: Wrapeez LLC Date of Patent: Nov.

Patent 98

Patent Inventor Invention Intellectual Property 98