Selvam & Selvam Blog

OCTOBER 19, 2024

For inventors seeking to patent inventions involving biological resources, the Act mandates obtaining approval from the National Biodiversity Authority (NBA). This article explores the key aspects of the BDA, the role of NBA, and the process for obtaining the necessary approvals.

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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.

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JD Supra Law

OCTOBER 3, 2024

We all know that a patent application can be a significant asset to a company and its valuation. However, too many companies mistakenly believe that all software is not patentable. As a result, they are failing to file patent applications that can provide value now, as well as in the future. By: Baker Donelson

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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 IPKat

FEBRUARY 13, 2025

The ruling tries to clarify the interpretation of Article 3 of EU Regulation No. The CJEU also considered the " Teva test," which was developed in its previous ruling in Teva v Gilead (Case C-121/17) regarding the specific interpretation of Article 3(a) of the SPC Regulation. Merck obtained the SPC based on patent EP 1412357 (EP '357).

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The IPKat

OCTOBER 31, 2023

Boards of Appeal have interpreted G 2/21 as permitting patentees to rely on technical effects for which the application as filed is completely silent ( IPKat , IPKat ). The decision in T 0258/21 is therefore not surprising, and confirms that whilst G 2/21 is broadly favourable to patentees, it does not permit armchair inventing.

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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? G 2/21 is therefore open to a certain degree of interpretation.

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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.

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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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Patent Trademark Blog

FEBRUARY 6, 2023

Focus on what matters most So much can be said, and has been said, about the patent application process. To avoid information overload, let’s get back to the most basic things you need to know to file a patent application. When do you need to patent an idea? Patent deadlines are critical.

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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? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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The IPKat

JULY 11, 2022

The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ). Thus, contrary to the recent Nature article on this topic, AI is not breaking patent law.

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The IPKat

JANUARY 5, 2022

The EPO Guidelines for Examination require the description of a patent application to summarise the background art ( F-II-4.3 ). The patent as granted ( EP2657138 ) related to a food product handling system (e.g. a burger patty production line). Nevertheless, the description and drawings shall be used to interpret the claims ".

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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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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. Indeed, Bioo had filed its own patent application ( WO 2022/058500 ) describing these advantages of its two-compartment design.

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The IPKat

JUNE 13, 2024

The cover article of the May 2024 edition of the CIPA Journal proposed a new test for inventive step using AI. The article was inspired by the EPO's AI assisted search tool, AI-PreSearch. Similarity" is not a test for inventive step The CIPA Journal article proposes that AI-PreSearch could be used in a new inventive step test.

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IIPRD

JANUARY 7, 2025

AI and the Global IP System We need a worldwide intellectual property (IP) structure that encourages innovation and invention if we are to benefit from generative AI. Specifically, artificial intelligence (AI) technologies have opened up new avenues for invention that only minimally entail human intervention.

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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?

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IP Watchdog

JULY 25, 2021

As such, AI has been shown to have near endless applications, driving a surge of inventions and related patent application filings. Many AI-based systems are able to recognize trends, patterns and connections, test hypotheses using available data sets, and continuously improve decision trees based on user input.

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JD Supra Law

AUGUST 31, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. 1 are defined in an article published in 2020 by the USPTO. from 1990-2018. The eight AI components in FIG. using big data in automated systems).

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Intepat

APRIL 7, 2025

INTRODUCTION Patent legislation offers legal safeguarding for novel inventions once they have been patented by their creators. A patent , essentially a temporary monopoly, is bestowed upon the owner in exchange for disclosing the invention to the public. This system benefits both society and the inventor.

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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.

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The IPKat

MAY 24, 2024

The crux of the Treaty is an international disclosure requirement related to genetic resources and traditional knowledge associated with genetic resources in patent applications. The text clarifies that if there is more than one country of origin, the applicant shall disclose where the genetic resources were actually obtained.

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The IPKat

DECEMBER 27, 2021

Just a few days before Holidays season, the Legal Board of Appeal announced its ruling in the cases J 8/20 and J 9/20, thus confirming the decisions of the Receiving Section of the European Patent Office, both of which has refused the DABUS applications EP 18 275 163 and EP 18 275 174.

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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.

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SpicyIP

JULY 28, 2022

Continuing on from the previous blogpost , we bring you part 2 of Amit Tailor’s two part series on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. Author: Amit Tailor.

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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? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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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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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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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.

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SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” Understanding Why the Patent Application Went Up in Flames The patent application (no. Mitra And Co.

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Patently-O

JUNE 30, 2021

Many patent applications are not fully reduced-to-practice by the time the patent application is filed. Although reduction-to-practice is a required element of invention, the Courts and Patent Office have long permitted the filing of a patent application to constructively satisfy the RTP requirement.

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LexBlog IP

MARCH 13, 2023

Combining Multiple Inventions in an Single Patent Application @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: However, is combining multiple related inventions into a single patent application worth the cost savings?

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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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The IPKat

OCTOBER 21, 2022

The final decision in this referral has the potential to either lower or increase the plausibility requirement in EPO inventive step analysis. In its preliminary opinion , the EBA hedges its bets but hints at accepting a standard of lack of ab initio implausibility for a technical effect supporting inventive step.

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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. Importantly, this is not a provision that requires abuse of patent by the patentee. Extracts from Dr Barbers submission to the Kerala HC in Seba P.A.

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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 of this article series covers claim scope and inventorship.

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