Patently-O

APRIL 25, 2023

As artificial intelligence progresses at an unprecedented pace, numerous cases have emerged where generative AI has played a crucial role in conceiving an invention. This raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor.

Invention 126

Invention Inventor Patent Intellectual Property 126

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.

Invention 131

Invention Publishing Patent Art 131

The IPKat

OCTOBER 31, 2023

The recent decision in T 0258/21 , by contrast, is the first interpretation of G 2/21 leading to a finding of a lack of inventive step in view of an inadequate disclosure of the purported technical effect. The closest prior art was identified as a journal article mentioning the use of clevidipine for the treatment of haemorrhagic stroke.

Invention 122

Invention Art Publishing Patent Application 122

IP Watchdog

SEPTEMBER 29, 2021

The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu.

Invention 145

Invention Patent Inventor Government 145

JD Supra Law

APRIL 14, 2023

Patentability of AI-assisted Inventions- DBL’s Managing Partner Tom Dunlap recently wrote an interesting article about the current state of artificial intelligence (AI) inventorship. Mr. Dunlap detailed the patenting efforts surrounding DABUS, an AI system developed by Dr. Stephen Thaler that autonomously created certain inventions.

Invention 98

Invention Patent 98

The IPKat

JANUARY 22, 2025

Legal Background: Sufficiency of disclosure for second medical use claims Under established EPO practice, the assessment of sufficiency under Article 83 EPC requires that a skilled person be able to reproduce the claimed invention using the teaching of the patent application as filed and common general knowledge.

Patent 105

Patent Invention Publishing Art 105

The IPKat

SEPTEMBER 10, 2023

The minutes are brief but confirm the Board of Appeal's decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. The inventive step of the claimed invention was acknowledged based on the post-published data submitted by the Patentee. How many moths needed for an invention?

Invention 122

Invention Publishing Law Patent Application 122

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Articles: Nicholas Shine, Covid-19 Pandemic’s Impact on the U.S. Pre-AIAPatents ). COVID-19Impact).

Art 126

Art Journalism Patent Law Invention 126

The IPKat

JANUARY 28, 2025

The test appears relatively patentee-friendly, with the Local Division finding infringement of the claims despite the alleged infringement lacking explicit features of the invention as defined by the claims. Whilst Article 2 of the Protocol to Article 69 EPC requires equivalents to be considered, it provides no guidance on how to assess them.

Invention 90

Invention Art Patent Designs 90

IP Watchdog

APRIL 25, 2023

While many speakers cautioned against moving too quickly to change the rules for AI-generated inventions, others warned that doing nothing could result in chaos for the USPTO and grave economic and innovation losses for the country.

Invention 131

Invention Trademark Patent Inventor 131

The IPKat

AUGUST 4, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

Invention 98

Invention Art Patent Reporting 98

IP Watchdog

JANUARY 12, 2025

The invalidation rate of patents in America Invents Act (AIA) proceedings, particularly inter partes reviews (IPRs), has been extremely high since the inception of the Patent Trial and Appeal Board (PTAB). Currently, a patent reaching a final written decision in an IPR will on average have 78% of its claims found invalid.

Invention 105

Invention Patent Government Intellectual Property 105

IP Watchdog

DECEMBER 30, 2024

From the Supreme Courts decision to abrograte the Chevron decision, thereby changing the standard for agency deference by the courts, to movement on some of the most potentially game-changing patent legislation to be introduced since the America Invents Act, there is a lot to choose from when it comes to what mattered in 2024.

IP 119

IP Invention Law Patent 119

JD Supra Law

APRIL 30, 2024

Food and Drug Administration (FDA) approval and rapidly growing market size as discussed in previous articles in this series. This article discusses patent strategies for ADC inventions. Antibody-drug conjugate (ADC) is a promising class of cancer treatments with accelerating U.S. By: Foley & Lardner LLP

Invention 75

Invention Patent Marketing Marketing 75

The IPKat

MARCH 4, 2025

The question before the Board of Appeal was whether a claimed open range, and its numerically infinite scope, could ever be said to be sufficiently disclosed ( Article 83 EPC ). This test is applied to all types of invention, including those in the mechanical field ( IPKat ).

Invention 64

Invention Patent Law Art 64

The IPKat

JANUARY 19, 2025

In this decision, the Board of Appeal upheld Inhibrx's European patent EP2812443 directed to a genus of anti-CD47 antibodies defined by their epitope binding and functional characteristics, finding both sufficient disclosure and inventive step.

Invention 75

Invention Patent Art Patent Application 75

Intellectual Property Law Blog

SEPTEMBER 1, 2021

This article is Part Two of a Three-Part Article Series. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. These decisions inform strategies to optimize patent drafting and prosecution for artificial intelligence and machine learning related inventions. Part One can be viewed here. Part Two. “No

Patent 212

Patent Patent Application Technology Invention 212

Intellectual Property Law Blog

SEPTEMBER 8, 2021

This article is Part Three of a Three-Part Article Series. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. These decisions inform strategies to optimize patent drafting and prosecution for artificial intelligence and machine learning related inventions. Part One can be viewed here.

Patent 189

Patent Patent Application Invention Art 189

JD Supra Law

SEPTEMBER 10, 2024

For a recent article published in Law360, we looked at data from the US Patent and Trademark Office (USPTO) covering both AI and non-AI inventions from 2015 to 2020. By: Goodwin

Invention 65

Invention Patent Publishing Trademark 65

The IPKat

MARCH 25, 2025

Rose Hughes outlined T 1865/22 concerning the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The Board of Appeal questioned whether the claimed composition involved an inventive step. 7(2) Community Design Regulation.

Artistic Work 59

Artistic Work Invention Designs Design 59

IP Watchdog

FEBRUARY 27, 2023

Elsewhere, Invent Together hosts an event to honor Black inventors and hear from a variety of Black inventors and entrepreneurs.

Invention 105

Invention Inventor IP Privacy 105

The IPKat

JULY 11, 2022

The decision in J 8/20 demonstrates that the current patent system is more than capable of dealing with AI inventions when and if they arise, without harming innovation or treating the AI inventors unfairly. Thus, contrary to the recent Nature article on this topic, AI is not breaking patent law.

Patent Law 145

Patent Law Publishing Inventor Law 145

IP Watchdog

MARCH 27, 2025

On Tuesday, the European Patent Office (EPO) published the Patent Index 2024, the latest edition of the EU patent agencys annual snapshot into global innovation through the lens of European patent application filings.

Technology 59

Technology Invention Patent Editing 59

JD Supra Law

JULY 15, 2024

This article discusses the February 13, 2024 guidance issued by the United States Patent and Trademark Office (USPTO) regarding the inventorship of artificial intelligence (AI)-assisted inventions. While this guidance marks a significant advancement in AI policy, it is not the first initiative by the USPTO in this area.

Invention 68

Invention Trademark Patent 68

The IPKat

MARCH 16, 2023

According to this interpretation, even if the claims are themselves clear, the description of the invention in the specification should be taken into account. The Boards of Appeal on the other side of the "description amendment" debate argue that it is the claims that define the invention.

Invention 131

Invention Art Patent Law 131

Plagiarism Today

NOVEMBER 17, 2022

According to the original claim, Young had invented the word in 1921, though he did not compose their version of the song until 1949. That especially true given the thought of me repeatedly typing (or more realistically pasting) Supercalifragilisticexpialidocious into this article. Obviously, this story is an amusing one.

Copyright 342

Copyright Music Copyright Infringement Plagiarism 342

The IPKat

MAY 18, 2024

A key aspect of the Basic Proposal is an international disclosure requirement for patent applications (Article 3): For inventions [ materially/directly ] based on genetic resources, applicants would be required to disclose the country of origin, or if that is unknown, the source of the genetic resources.

Reporting 126

Reporting Intellectual Property Invention Patent Application 126

The IPKat

NOVEMBER 27, 2022

The Board of Appeal in this latest decision explicitly disagreed with T 1989/18 , and found legal basis for adaptation of the description in line with the claims in Article 84 EPC and Article 69 EPC. Supporters of the description amendment requirement point to Article 84 EPC and Article 69 EPC.

Invention 124

Invention Patent Application Patent Art 124

JD Supra Law

JANUARY 6, 2022

The consultation is seeking evidence and views on the extent to which patents and copyright should protect inventions and creative works made by AI, and also measures to make it easier to use copyright protected material in AI development, to support innovation and research. In this article we take a look at the. By: Hogan Lovells

Intellectual Property 145

Intellectual Property Invention IP Copyright 145

The IPKat

MAY 24, 2024

Firstly, it should be noted that the term "genetic resources" is used in line with the Convention on Biological Diversity , which means that the Treaty is not intended to cover human genetic resources (footnote to Article 2). The requirement is not retroactive (Article 4). No reservations are permitted (Article 20).

Reporting 134

Reporting Intellectual Property Patent Application Invention 134

The IPKat

FEBRUARY 24, 2023

The sufficiency test is considered a relatively low bar, whereby an invention is considered sufficiently disclosed in view of the lack of any substantiated doubts that a skilled person could work the invention. Establishing the plausibility of an invention is often considered a higher bar than the standard sufficiency test.

Invention 132

Invention Law Patent Publishing 132

IIPRD

MARCH 13, 2025

All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. Patents Patent protects new inventions that features technological advancements or economic significance or both and are capable of being used in the industry. Key Features: The invention must be new, non-obvious, and have utility.

Intellectual Property 83

Intellectual Property Registration Design Designs 83

JD Supra Law

OCTOBER 3, 2024

This article will discuss the benefits of filing patent applications for even marginally patentable software-based inventions. As a result, they are failing to file patent applications that can provide value now, as well as in the future. By: Baker Donelson

Patent Application 62

Patent Application Invention Patent 62

IP Watchdog

DECEMBER 17, 2024

The UPCs approach to added subject matter so far aligns closely with European Patent Office (EPO) practice but its approach to inventive step differs. Key legal principles were clarified, including claim construction and requirements for the granting of provisional measures.

Law 98

Law Invention Patent Litigation 98

SpicyIP

JANUARY 20, 2025

Section 100 empowers the central government to use, or authorise to use, an invention (application or grant) for the purposes of the government, on a non-commercial basis. This includes but is not limited to using the invention in case of national emergency or other situations of extreme urgency.

Government 119

Government Patent Invention Public Domain 119

IP Watchdog

OCTOBER 1, 2023

PERA is no doubt an ambitious bill. In terms of its design, the proposed legislation attempts to deal with each of the Supreme Court’s decisions in Alice, Mayo and Myriad, plus all of their progeny applications thereafter engendered by the Federal Circuit, the Patent Trial and Appeal Board (PTAB), all the way down to the U.S.

Invention 137

Invention Patent Design Designs 137

IP and Legal Filings

DECEMBER 19, 2024

Many courts tried to determine whether a software invention is abstract by devising several tests to determine whether any invention related to computers might be patentable. In the instant case the term inventive step was stretched over the economic value of the inventive. In Bishwanath Prasad Radhey Shyam v.

Technology 52

Technology Invention Patent Intellectual Property 52