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

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

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

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. Sanofi case, while significant, may not come as a surprise to those familiar with the evolution of patent law. The more one claims, the more one must enable.

Patent Law 122

Patent Law Law Patent Invention 122

Patently-O

JANUARY 20, 2023

This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. Gernsback was also an inventor and serious scientific thinker in his own right.

Patent Law 96

Patent Law Law Inventor Patent 96

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 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. Lexmark argued that these restrictions should be enforceable through patent law, similar to the reasoning in A.B.

Patent Law 111

Patent Law Patent Law Invention 111

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

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. The judge stated that DABUS is not the inventor and cannot be the inventor.

Technology 111

Technology Inventor Patent Patent Law 111

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. Is there a duty of disclosure in all US patent applications?

Patent Application 52

Patent Application Patent Invention Inventor 52

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

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. The Winslow Tableau presents an unrealistic conception of the PHOSITA possessing encyclopedic knowledge of all prior art.

Invention 69

Invention Patent Law Law Art 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

NOVEMBER 15, 2023

So, although these designers are often design patent inventors, they have been prohibited from becoming patent practitioners. The new rules introduces an additional path focused on visual arts credentials. The setup here is that the design patent practitioner bar will be separate and distinct from the patent bar.

Design Patent 111

Design Patent Designs Design Graphic Design 111

JD Supra Law

MAY 24, 2023

The United States Constitution provides the basis for patent laws; it says "Congress shall have power. to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries" (emphasis added).

Inventor 52

Inventor Art Patent Law Law 52

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. The patent examiner is attempting to decide whether to reject the claims. EL notified the patent office of his prototype activities and that he told his daughter about the invention. Question 3. What do you think?

Patent Law 78

Patent Law Law Patent Patent Application 78

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.

Design Patent 81

Design Patent Art Designs Design 81

Patently-O

MAY 21, 2024

As a reinterpretation of the law, the case will have immediate effect — applying to all pending design patent applications as well as those already issued. Key Analogous Art Requirement A key limiting feature of the obviousness analysis is that the doctrine only considers “analogous” prior art.

Design Patent 119

Design Patent Designs Design Patent 119

IP and Legal Filings

DECEMBER 19, 2024

So far, there remains no valid test, set of rules, body of practice, or body of decisions that could determine patent eligibility. Previously published in a relevant field of technology shall constitute prior art for the purpose of determining inventive steps. In Bishwanath Prasad Radhey Shyam v.

Technology 52

Technology Invention Patent Intellectual Property 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.

Inventor 52

Inventor Patent Invention Patent Application 52

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. Kaulbach prior art patent. by Dennis Crouch. The new Chemours Co. 6,541,588 (“Kaulbach”).

Invention 126

Invention Art Marketing Marketing 126

LexBlog IP

JANUARY 25, 2022

Free Online Tools and Resources for Inventors. As an inventor, you know that protecting your invention is vital to its success. The process of patenting can be daunting, but with the right tools and resources, it doesn’t have to be. PATENT SEARCH TOOLS. Google Patents. Link: patents.google.com.

Inventor 52

Inventor Intellectual Property Invention Patent Application 52

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

JIPEL Copyright Blog

NOVEMBER 12, 2021

As a result, patent offices and courts all over the world must now consider whether AI can be a patent inventor. Both the United States Patent and Trademark Office (USPTO) and U.S. federal courts have found that AI generated inventions are not patentable. Constitution and modern patent law provisions.

Inventor 45

Inventor Patent Invention Patent Law 45

The IPKat

AUGUST 11, 2023

In keeping with the so-called media "silly season" of late summer, PatKat thought she would check-in on the AI inventor debate. 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?

Inventor 52

Inventor Invention Law Ownership 52

LexBlog IP

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”). The ‘498 Patent is directed to a two-step process for cooking bacon pieces. Also, Howard was not named as an inventor.

Inventor 52

Inventor Invention Art Patent 52

LexBlog IP

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 52

Inventor Invention Patent Application Patent 52

IPilogue

FEBRUARY 13, 2023

The requirement of enablement in US patent law is codified in 35 USC s. 112 , which requires that the specification of a patent application “enable any person skilled in the art…to make and use” the invention in question. In 2014, Amgen sued Sanofi for infringing on its patents concerning drugs for lowering cholesterol.

Patent 101

Patent Invention Art Inventor 101

IPilogue

AUGUST 18, 2021

The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to provide assistance to under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. IP Innovation Clinic Fellows (5-8 positions).

IP 105

IP Patent Prosecution Intellectual Property Inventor 105

LexBlog IP

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 52

Art Copyright Copyright Law Registration 52

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

AUGUST 29, 2022

In Patent Law class today, we started the chapter on “disclosure” that focuses on doctrines of enablement, written description, and best mode as codified in 35 U.S.C. After filing for patent protection, the inventors were hired by Texas Instruments (TI) to implement a version of the system. by Dennis Crouch.

Inventor 83

Inventor Invention Patent Application Art 83

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. In modern biology research, inventors come from various disciplines such as pharmaceutical, environmental, agricultural, and dairy, and all of them are involved in improving the quality of life.

Patent 105

Patent Inventor Invention Intellectual Property 105

Kluwer Copyright Blog

SEPTEMBER 6, 2023

Even more recently, another case dedicated to protection of AI generated visual art has been decided by the United States District Court for the District of Columbia ( Thaler vs Perlmutter , Civil Action No. 22-1564 (BAH)). This AI system — the so-called “Creativity Machine” — produced the artwork titled “ A Recent Entrance to Paradise ”.

Art 72

Art Copyright Registration Artwork 72

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.

Patent 64

Patent Art Invention Patent Law 64

IPilogue

NOVEMBER 3, 2022

The balance that patent law seeks to achieve is well known, with Article I, Section 8, Clause 8 , of the United States Constitution defining the purpose “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

Patent Infringement 115

Patent Infringement Law Patent Ownership 115

The IP Law Blog

JUNE 23, 2022

The written description requirement is met when a patent’s specification “reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter as of the filing date.” For example, this could be done through “a discussion of disadvantages or alternatives.”. Stay tuned.

Patent 96

Patent Art Invention Inventor 96