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. In 2019, the Copyright Office refused the application on the grounds that it lacked “human authorship.”

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Art Copyright Copyright Law Registration 97

Patently-O

DECEMBER 5, 2021

Crunch recently filed a utility patent application (February 2021) with the USPTO seeking to patent the following two claims: 1. Crunch admits that all of the elements of his invention were individually available in the prior art.

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Patent Law Law Patent Art 111

Patently-O

OCTOBER 4, 2021

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. 2021 Patently-O Patent Law Journal 34.

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JD Supra Law

JULY 25, 2024

The explosion of artificial intelligence has raised some challenging questions in patent law, particularly with prior art, or the body of knowledge available prior to the filing of patent application. Originally published in Bloomberg Law - July 22, 2024.

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Patent Application Art Patent Patent Law 59

JD Supra Law

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal…. In this decision, captioned In re: SurgiSil, L.L.P.

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Design Patent Designs Design Patent Law 98

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 outcome of the Amgen v.

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

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SpicyIP

JULY 18, 2024

Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office. Order The Patent Controller issued a cryptic order rejecting the patent application.

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Designs Design Patent Patent Application 102

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. And shouldn’t science fiction serve as prior art against other peoples’ patents?

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Patent Law Law Inventor Patent 96

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. After talking again with Jane, EL decided to patent the device. He initially filed a provisional patent application in June 2020. The non-provisional patent application included the following two claims: 1. Question 3.

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Patent Law Law Patent Patent Application 78

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.

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Patent Art Invention Patent Application 105

The IPKat

DECEMBER 31, 2021

Legal Background: Grace Periods According to Article 54 EPC , the state of the art for determining novelty constitutes everything that was made available to the public before the priority date of the patent application, regardless of whether the applicant/inventor was responsible for the publication. 102(b)(1)(A) ).

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Patent Inventor Patent Application Art 131

SpicyIP

JUNE 29, 2024

The Exclusion of ICMR from the Patent Application Last weekend, a series of unusual developments regarding the Covaxin patent (Patent Application Number: 202041007559) generated significant buzz. [A big thanks to Swaraj for his inputs on the post.]

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Patent Application Inventor Patent Intellectual Property 64

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.

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Design Patent Art Designs Design 81

LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. Asserted Prior Art – Dick Blick “Stump” Art Tool. In this decision, captioned In re: SurgiSil, L.L.P. 2020-1940 (Oct. 2020-1940 (Oct.

Design Patent 52

Design Patent Designs Design Patent Law 52

TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

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Patent Application Patent Invention Inventor 52

The IPKat

MARCH 26, 2023

The IPKat has received and is pleased to host a guest contribution by Daria Bohatchuk (University of Basel) on the upcoming Swiss patent reform. Here’s what Daria writes: Expected introduction of a full patent examination in Switzerland: Opportunity or burden? 59 (4) of the Patents Act, Botschaft , 11, 12).

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Patent Patent Application Invention Intellectual Property 103

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2022

Thus, an invention is new or novel, if it has not been disclosed in the prior art. Before the application for a patent is filed, a prior art search is of paramount importance. It will help determine the existing literature regarding the subject matter of the patent and help establish the novelty of the invention.

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Patently-O

APRIL 16, 2024

11, 2024) Human clinical trials play an essential role in the discovery, development, and regulatory approval of innovative drugs, and federal law mandates the public disclosure of these trials. A recent Federal Circuit decision, Salix Pharms.,

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Art Patent Journalism Publishing 75

Patently-O

JUNE 6, 2024

The consequences: in 2021, a patent application surfaced in Australia that appears to have been derived from Neuropublic’s confidential disclosure. This prior art publication now jeopardizes Neuropublic’s ability to obtain patent protection on its invention, undermining years of research and development investment.

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Confidentiality Law IP Invention 113

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. In 2019, the Copyright Office refused the application on the grounds that it lacked “human authorship.”

Art 52

Art Copyright Copyright Law Registration 52

Intellectual Property Law Blog

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. On February 13, 2024, the U.S. 101 and 115. 2 in the Guidance. Principle No. 3 is potentially relevant to inventions in the life sciences.

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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.

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Design Patent Designs Design Patent 119

LexBlog IP

OCTOBER 12, 2021

On top of these benefits, the Federal Circuit recently provided another benefit to design patent applicants. In a unanimous precedential opinion, the panel decision of In re: Surgisil, LLP significantly narrowed the field of prior art that can be used to invalidate a design patent as anticipated. [5]. ” [6].

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Design Patent Art Designs Design 52

IP Intelligence

OCTOBER 12, 2021

On top of these benefits, the Federal Circuit recently provided another benefit to design patent applicants. In a unanimous precedential opinion, the panel decision of In re: Surgisil, LLP significantly narrowed the field of prior art that can be used to invalidate a design patent as anticipated. [5]. 1] 35 U.S.C. §

Design Patent 52

Design Patent Art Designs Design 52

IPilogue

FEBRUARY 13, 2023

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. For the first time in decades, the US Supreme Court will engage with enablement in patent applications. The requirement of enablement in US patent law is codified in 35 USC s.

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Patent Invention Art Inventor 101

IPilogue

SEPTEMBER 28, 2021

Justice Marcus Smith explained his reasoning by saying that the meaning of the word “inventor” is limited to people under UK patent law. As mentioned, Apotex was the most recent Supreme Court of Canada decision that spoke to humans being inventors for patent applications.

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Technology Inventor Patent Patent Law 111

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. Third, nothing in the Act dictates the contrary conclusion.”. Firstly, Kim et al. However, Kim et al.

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Inventor Patent Invention Intellectual Property 111

The IP Law Blog

MAY 11, 2023

Pure Hemp also alleged the district court erred in not awarding attorney fees because of alleged inequitable conduct by the patent applicant. The patent prosecutor argued the copied portions consisted of background information, making the prior art not material to the applications.

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JD Supra Law

SEPTEMBER 2, 2022

According to the Chinese Patent Law, the prior art means any technology known to the public before the filing date of a patent application in China or abroad. We name this. By: Linda Liu & Partners

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Patent Application Patent Art Invention 52

The IP Law Blog

JUNE 22, 2023

of two patents owned by Parus Holdings, Inc. Parus”), the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) found a number of claims obvious over prior art. Patent Appl. Kurganov-262 has the same specification as the challenged patents. In the I.P.R.,

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Art Patent Patent Application Invention 98

The IP Law Blog

JULY 20, 2023

infringed two of its patents. Omega moved to compel Buergofol to respond to discovery related to prior art and for attorneys’ fees. Omega had asked Buergofol to identify every item of prior art and to produce all documents and things that could qualify as prior art to either of the two patents in suit.

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Art Invention Patent Patent Application 98

The IP Law Blog

NOVEMBER 9, 2023

In 2011, Hormel filed a patent application for the two-step process, omitting HIP’s involvement. The ‘498 Patent was issued from this application in 2018. Hormel conducted testing at Unitherm and later at Hormel. Also, Howard was not named as an inventor. On appeal, Hormel raised two issues.

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Patently-O

AUGUST 14, 2022

The recapture rule has ordinarily been used to prohibit later recapture of scope that had been eliminated in an attempt to avoid a prior art rejection. The patent owner is later held to that admission during reissue. 5 Moy’s Walker on Patents § 16:107 (4th ed.); See also, Robert A. ”); Medtronic, Inc. Guidant Corp.,

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Art Patent Application Patent Editing 78

The IP Law Blog

FEBRUARY 2, 2023

To be patentable, however, both designs and functional inventions must satisfy two requirements. Second, they must be nonobvious over the prior art (similar inventions that existed before the patent application was filed and are known to the public). First, they must be novel (i.e., unique and different). 2d 388 (1982).

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Design Patent Designs Design Patent 98

Patently-O

SEPTEMBER 22, 2022

Here, ‘inherently’ is a term of art in patent law and has much stricter definition than its cousin ‘impliedly.’ ’ Inherency in patent law indicates unstated certainty. The patent at issue in Novartis claims a drug treatment method. Accord Healthcare, Inc., 4th 1013 (Fed.

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Art Patent Law Patent Application Invention 60

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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