Patent Trademark Blog

JANUARY 18, 2023

What makes an invention eligible for patent protection? Not every new thing is patentable. A concept might be unique, and yet ineligible for patent protection. Subject matter eligibility refers to whether an invention is qualified for patent protection. 35 USC 101 – Inventions patentable.

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Kashishipr

JULY 28, 2021

In the absence of such a doctrine, the true essence of the patent and the monopolistic rights would never be realized to their full potential as it would enable the competitors to make unimportant changes to the invention to claim another set of rights altogether. Brief Introduction. What is an Equivalent? As per Graver Tank & Mfg.

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Patently-O

AUGUST 4, 2021

Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications. Stephen Thaler and Prof.

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Kashishipr

MARCH 16, 2022

The term ‘ Intellectual Property (IP) ‘ is like the term ‘Organic’ to some extent, i.e., people across the globe possess some knowledge as to what it means but aren’t crystal clear on its specific details. In the same way round, IP puts a virtual fence around the property or assets that it safeguards.

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Intepat

APRIL 19, 2023

INTRODUCTION As technology continues to evolve at an unprecedented pace, Computer-Related Inventions (CRIs) have become a crucial component of modern innovation. The Patents Act, 1970, provides for the protection of CRIs, but there has been significant debate over the years regarding the patentability of such inventions in India.

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IP Watchdog

DECEMBER 6, 2021

While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos. patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application.

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Intellectual Property Law Blog

SEPTEMBER 1, 2021

This article is Part Two of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. Part One can be viewed here. Part Two. “No

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The IP Law Blog

FEBRUARY 29, 2024

LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea. Under section 101, only certain types of inventions are patentable: machines, articles of manufacture, compositions of matter, and processes (methods).

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LexBlog IP

JANUARY 11, 2024

The Principle of Good Faith in Patent Applications The revised regulations emphasize the principle of good faith in all patent applications: New Article 11: Mandates adherence to the principle of good faith. Genuine Inventive Activities: Requires applications to be based on real and original inventive activities.

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IPilogue

JUNE 2, 2022

In February 2022, however, the Federal Court of Australia joined the ranks of the United States and the United Kingdom in disallowing AI to be owners of patents, even if the product is solely created by AI. In 2021 , the Canadian Intellectual Property Office (CIPO) issued a non-compliance notice for DABUS’ patent application in Canada.

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IPilogue

JULY 7, 2021

While an employer may have invested significant resources to facilitate the production of an invention and wish to capitalize on their investment, their employee also likely devoted significant time and energy into developing the invention and may feel entitled to benefit from its associated IP. Private Sector Employees.

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IPilogue

OCTOBER 25, 2021

Madelaine Lynch is an IP Intensive intern, an IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. Madelaine published this article as a requirement for her internship at ventureLAB. The article was originally published on October 15, 2021, as part of ventureLAB’s 101 Series.

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LexBlog IP

AUGUST 28, 2023

However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and the written description of the patent to which it belonged failed to describe “ how ” the claimed invention implemented this element. ’” Id.

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IP Watchdog

SEPTEMBER 28, 2022

An unorganized capacity to respond to such rejection challenges often leaves the practitioner with very little alternative but to amend claims in a manner that narrows protection to less than what the applicant’s invention should have received.

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Patent Application Patent Patent Drafting Invention 127

The IPKat

FEBRUARY 11, 2024

This Big Kat is thinking about the big issues for IP in the coming year. The early years focused on investigating and analysing national experiences to understand the relationship between IP and genetic resources, traditional knowledge and traditional cultural expressions. The provision would not be retroactive (Article 5).

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LexBlog IP

JULY 26, 2022

PatentNext Summary: The Legal Board of Appeal (the “Board”) of the European Patent Office (EPO) recently suggested that the owner of an artificial intelligence (AI) machine could possibly be listed as an inventor of an AI-generated Invention. Under Article 81 EPC an applicant must designate an “ inventor.”

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LexBlog IP

MAY 20, 2022

PatentNext Summary: Artificial Intelligence (AI) Patent Application filings continue their explosive growth trend at the U.S. Patent Office (USPTO). At the end of 2020, the USPTO published a report finding an exponential increase in the number of patent application filings from 2002 to 2018.

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Patently-O

AUGUST 1, 2021

Recent Headlines in the IP World: Mike Peterson: Apple Hit with Patent Infringement Lawsuit for Selling a Smart Water Bottle (Source: Apple Insider). Piya Jain: The Benefits of Outsourcing Patent Activities for Life Science Companies in a Changing IP Landscape (Source: IAM). Commentary and Journal Articles: Atty.

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LexBlog IP

JULY 9, 2021

Mike has previously contributed articles on the impact, from an Australian perspective, of COVID-19 on international patent, trade mark, and registered designs filings , and on what patent data can tell us about the Australian government’s plan for local manufacturing?

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Patent Application Patent Invention Government 52

Kashishipr

FEBRUARY 2, 2022

Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share. However, keep in mind that using your IP assets to support the current and future market position of your business can prove to be a major challenge. Managing the IP Portfolio Well.

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Patent Trademark Blog

MARCH 18, 2022

Intellectual property (IP) can seem abstract. You can see and experience the benefits of innovation, but you can’t touch IP itself. So what is IP exactly? More specifically, IP is a legal right that gives the owner power to stop others from doing something. Can you build IP in selling such existing products?

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Fish & Richardson Trademark & Copyright Thoughts

APRIL 26, 2021

For World IP Day, Fish Principal and chair of Fish’s Diversity & Inclusion Initiative , Ahmed Davis , authored the article “Celebrating Black Inventors on World IP Day” for the National Law Journal, which celebrates the contributions of Black inventors who all too often get overlooked.

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The IP Law Blog

JANUARY 13, 2022

A patent protects an invention. The invention can be an article of manufacture, a machine, a process (such as software), or a composition of matter (like a chemical formula). Thus, there is some overlap between what can be protected by a trade secret or a patent. What Is the Protection?

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Patently-O

MAY 26, 2024

This historic agreement aims to enhance transparency by requiring patent applicants to disclose the country of origin of any Genetic Resources and the “Indigenous Peoples or local community” who provided any Associated Traditional Knowledge.

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Intepat

APRIL 20, 2022

To be granted a patent, an invention by the applicant must be novel, non-obvious, and must be such that can be manufactured or used in industry. However, even after fulfilling these requirements, an additional requirement is to be fulfilled by the inventor/applicant and that is of ‘enablement’.

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SpicyIP

MAY 17, 2023

The Special 301 Report is a unilateral measure whereby the identified countries, whose IP regimes are not in line with the trading interests of the US industries, are placed a threat of unilateral sanctions. 56, para 3).

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The IPKat

SEPTEMBER 29, 2023

The ever-present question for IP in certain technical fields is how much data is needed to support a patent application. However, in some cases, the amount of data needed to overcome this doubt to support a patent application may still be surprisingly minimal. 34) ( Cf.

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IP Intelligence

JUNE 7, 2022

Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications. As described in a companion article, which can be found here , Plaintiff Stephen Thaler, Ph.D., Patent and Trademark Office (USPTO).

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Invention Inventor Patent Patent Application 52

Intellectual Property Law Blog

AUGUST 25, 2021

This article is Part One of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. Generic Machine Learning Algorithm”.

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LexBlog IP

APRIL 18, 2023

This article was originally published on Seyfarth’s Gadgets, Gigabytes & Goodwill blog. In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention?

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Invention Confidentiality Privacy Public Use 59

LexBlog IP

JUNE 7, 2022

Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications. As described in a companion article, which can be found here , Plaintiff Stephen Thaler, Ph.D., Patent and Trademark Office (USPTO).

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Invention Inventor Patent Patent Application 52

Patent Trademark Blog

FEBRUARY 9, 2023

Should you file a utility patent application yourself? Would your utility patent application enjoy a higher success rate if it were filed by a patent attorney? Keep in mind we’re talking about utility patents as opposed to design patents. Do-It-Yourself (DIY) a wise option?

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The IPKat

OCTOBER 6, 2023

Copyright Eleonora Rosati discussed the Valve Corporation, T-172-21, judgment issued by the General Court on the applicability of Article 101 TFEU in the copyright context. In particular the issue of geoblocking practices was considered in the interplay between IP protection and competition rules.

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LexBlog IP

MAY 31, 2023

If such new content forms part of a new “invention” (i.e., part of a patent claim), does the AI system need to be listed as an “inventor”? It may all come down to “conception” – that is, whether an AI system can mentally conceive and contribute to an invention. an invention).

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IPilogue

APRIL 1, 2022

This article is part of a series covering the 5th Annual IP Data & Research Conference, hosted by the Canadian Intellectual Property Office and the Centre for International Governance Innovation. Where do Canadians Patent? Implications for Canada’s Patent Regime. Nicholas A.

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LexBlog IP

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

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IP Watchdog

AUGUST 7, 2021

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. Further, the USPTO has issued thousands of inventions that utilize AI.

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