Article, Invention and Patent Drafting - Intellectual Property Pulse

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Two Of Three

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

Patent

Patent Patent Application Technology Invention

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

Intellectual Property Law Blog

SEPTEMBER 8, 2021

This article is Part Three 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 Three.

Patent

Patent Patent Application Invention Art

"Using AI tools to help assess inventive step": A response to the CIPA journal article

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.

Journalism

Journalism Invention Art Patent

DECODING PRIOR ART IN BIOTECHNOLOGY

IP and Legal Filings

APRIL 13, 2025

Prior art can be defined as a well- known evidence related to your invention before submitting your patent application. Though, the invention is unique and groundbreaking, if an idea exist in the patent application is claimed through a prior art then the patent application is strictly invalidated.

Art

Art Invention Journalism Patent Application

The Language of Patents (Part I): Equipping Patent Applications for Pre-and Post-Grant Success

IP Watchdog

SEPTEMBER 28, 2022

Such an interpretation can block the patentability of the claim in the absence of evidence that the examiner’s interpretation of the claim is not reasonable.

Patent Application

Patent Application Patent Patent Drafting Invention

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part One Of Three

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”.

Patent

Patent Invention Patent Application Patent Drafting

Unambiguous disclosure without patent profanity (T 2171/21)

The IPKat

DECEMBER 20, 2023

US patent attorneys wishing to understand certain peculiarities of European patent drafting need look no further than the recent Board of Appeal decision in T 2171/21. The case law relating to pointers and selection inventions is well established CLBA, II-E-1.6.2c) ).

Patent

Patent Invention Patent Drafting Patent Application

Adding matter by cherry-picking from separate embodiments: Philip Morris v BAT ([2023] EWHC 2616 (Pat))

The IPKat

OCTOBER 30, 2023

During proceedings, BAT submitted an amendment to the claims in an attempt to overcome invalidity for inventive step. Added Matter in the UK and Europe The EPO has a famously strict approach to added matter under Article 123(2) EPC. Final thoughts: Added matter versus patent profanity? PM argued that the amendment added matter.

Invention

Invention Patent Application Patent Drafting Patent

Patents and Large Language Models

Biswajit Sarkar Copyright Blog

OCTOBER 11, 2023

Patent data analysis and analysis on emerging trends have now become accessible and more organized with the help of Large Language Models (LLMs). One of the concerns involving their use in preparing patent applications is the accuracy and completeness of the generated invention descriptions.

Patent

Patent Patent Application Patent Drafting Invention

AI Visualize and the Eligibility of Innovative AI Systems

Patently-O

APRIL 21, 2024

2024), gives me pause to consider more general eligibility issues of AI Inventions. When does the design or creation of AI system elements qualify as an eligible invention? In his recent article, Prof. We don’t get 11 million patents that are each an archetypal constellation. Nuance , __ F.4th 4th __ (Fed.

Invention

Invention Technology Patent Drafting Patent

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

LexBlog IP

SEPTEMBER 8, 2021

This article is Part Three 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 Three.

Patent Application

Patent Application Patent Invention Art

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Two Of Three

LexBlog IP

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.

Patent Application

Patent Application Patent Invention Technology

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part One Of Three

LexBlog IP

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. 2020-005406 (PTAB Feb. Part Two Preview.

Patent

Patent Invention Patent Application Intellectual Property

It’s All in the Hardware: Overcoming 101 Rejections in Computer Networking Technology Classes

IP Watchdog

SEPTEMBER 3, 2021

Technologies such as computer networking, which, unlike software inventions, typically incorporate at least some hardware elements, may be less vulnerable to rejection under the U.S. Supreme Court’s decision in Alice v. However, responding to these rejections when they are issued still requires some finesse.

Technology

Technology Invention Patent Drafting Patent Prosecution

Patent Prior Art Search

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

This means that an invention should not be anticipated by documents, products, or publications in the country or elsewhere before the priority or filling date of the patent application, whichever is earlier. Prior art search determines the merits of patent applications. It is not necessary for all the technologies to be novel.

Art

Art Patent Public Domain Invention

Are diagnostic methods patentable?

The IPKat

NOVEMBER 1, 2021

Whilst patenting a diagnostic method in the US remains challenging following the infamous decision in Mayo , other jurisdictions have, by contrast, recently confirmed their willingness to recognise the patentability of diagnostic inventions.

Patent

Patent Invention Patent Drafting Intellectual Property

Tesla’s Lasers on Vehicle Patent

TraskBritt Intellectual Property

MARCH 30, 2021

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” Filing a patent application first requires an invention. An invention includes both (1) conception and (2) reduction to practice. Solvay S.A. For example.

Patent Application

Patent Application Patent Invention Inventor

Micro Entity Status: Qualifying to Reduce Patent Fees

LexBlog IP

MARCH 23, 2022

Applicants that qualify for small or micro entity status are eligible for substantial discounts on USPTO fees associated with filing and maintaining a patent under a micro entity status. The fee schedule for patent applications and maintenance is based on the size of the entity filing the application. Why do these statuses matter?

Higher Education

Higher Education Patent Inventor Patent Application

ChatGPT and Intellectual Property (IP) related Topics

LexBlog IP

MARCH 27, 2023

Wikipedia), articles, and other information available on the Internet. For those interested in this fascinating case, please see PatentNext ’s article The Curious Case of Burrow-Giles Lithographic (an 1884 U.S. Patents: Inventorship Can an AI, such as ChatGPT, invent? ” 35 U.S. Code § 100(f). See 35 U.S.

Intellectual Property

Intellectual Property IP Inventor Invention

Beware of boilerplate: Practical lessons for patent drafting from G1/24 (Claim interpretation)

The IPKat

APRIL 11, 2025

Even before the EBA issues its decision, there are some lessons to be learnt from the case on drafting the description of a patent. These lessons are even more important with the increased use of AI patent tools for patent drafting. When drafting a patent, beware of overusing boilerplate language.

Patent Drafting

Patent Drafting Patent Art Invention

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

Trading Secrets

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.

Copyright

Copyright Intellectual Property Fair Use IP

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

LexBlog IP

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.

Copyright

Copyright Intellectual Property Fair Use IP

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

LexBlog IP

NOVEMBER 1, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.

Copyright

Copyright Intellectual Property Fair Use IP

Intellectual Property Pulse

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Two Of Three

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

Trending Sources

"Using AI tools to help assess inventive step": A response to the CIPA journal article

DECODING PRIOR ART IN BIOTECHNOLOGY

The Language of Patents (Part I): Equipping Patent Applications for Pre-and Post-Grant Success

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part One Of Three

Unambiguous disclosure without patent profanity (T 2171/21)

Adding matter by cherry-picking from separate embodiments: Philip Morris v BAT ([2023] EWHC 2616 (Pat))

Patents and Large Language Models

AI Visualize and the Eligibility of Innovative AI Systems

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Two Of Three

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part One Of Three

It’s All in the Hardware: Overcoming 101 Rejections in Computer Networking Technology Classes

Patent Prior Art Search

Are diagnostic methods patentable?

Tesla’s Lasers on Vehicle Patent

Micro Entity Status: Qualifying to Reduce Patent Fees

ChatGPT and Intellectual Property (IP) related Topics

Beware of boilerplate: Practical lessons for patent drafting from G1/24 (Claim interpretation)

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

Stay Connected