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. Supporters argued the bill was necessary to prevent patent suppression and ensure access to inventions.

Patent Law 111

Patent Law Patent Law Invention 111

IP Watchdog

SEPTEMBER 16, 2021

When the America Invents Act (AIA) was before Congress a decade ago, it was heralded as the first comprehensive patent law since the 1952 Act. Ten years’ perspective on the new law, however, shows that its changes to patent policy have been more evolution rather than revolution.

Invention 124

Invention Patent Patent Law Law 124

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. Does substantive South African patent law preclude AI inventorship? Was granting the patent a mistake? Stephen Thaler and Prof.

Invention 128

Invention Patent Inventor Intellectual Property 128

IP Watchdog

SEPTEMBER 16, 2021

During IPWatchdog LIVE 2021 in Dallas, Texas, I asked a handful of willing attendees for their thoughts on the impact of the America Invents Act (AIA) in anticipation of today, the ten-year anniversary of the day President Barack Obama signed the AIA into law. patent laws. innovation.

Invention 124

Invention Inventor IP Patent Law 124

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. 2021 Patently-O Patent Law Journal 34. Pre-AIAPatents ).

Journalism 105

Journalism Art Patent Law Invention 105

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

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 64

Journalism Invention Art Patent 64

IP Watchdog

JULY 14, 2022

The idea of patented inventions brings to mind machines fully realized - flying contraptions and engines with gears and pistons operating in coherent symphony. The AI inventor’s ways are antithetical to the principles of patent writing, where inventions are described in terms of what does what, why, how, and how often.

Patent Law 137

Patent Law Patent Inventor Invention 137

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

SpicyIP

AUGUST 1, 2021

In this 2-part post, in part I, I will be analyzing the suggested amendments to Section 3 of the Patents Act (the substantial provisions) and part II will cover the suggested amendments to some of the procedural provisions of the Act. Section 3 of the Patents Act creates a list of restrictions on what inventions are not patentable.

Reporting 108

Reporting Patent Law Law Patent 108

IPilogue

JUNE 2, 2022

Thaler’s application for his AI, DABUS, to be the patent owner of an invention titled “ Food container and devices and methods for attracting enhanced attention ,” a product solely created by DABUS without any human interference. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

Invention 110

Invention Ownership Intellectual Property Inventor 110

Patently-O

OCTOBER 10, 2022

Today in Patent Law Class, we covered the Supreme Court’s important decision in Markman v. 370 (1996) focusing on the question of whether the patentee has a 7th Amendment right to have a jury decide “genuine factual disputes about the meaning of a patent?” by Dennis Crouch. Westview Instruments, Inc.,

Patent Law 97

Patent Law Law Patent Invention 97

Intellectual Property Law Blog

OCTOBER 8, 2021

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. Hirshfeld , the United States District Court for the Eastern District of Virginia concluded that an AI system cannot be an “inventor” under the Patent Act.

Inventor 189

Inventor Patent Invention Technology 189

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. So far, there remains no valid test, set of rules, body of practice, or body of decisions that could determine patent eligibility.

Technology 52

Technology Invention Patent Intellectual Property 52

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. Previously, in Association of Medical Super Speciality Aspirants and Residents v.

Government 119

Government Patent Invention Public Domain 119

The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed.

Patent Law 72

Patent Law Law Patent Invention 72

Patently-O

FEBRUARY 24, 2022

And, although the license is set to expire before the patents, the court found that potential future infringement to be too speculative. The petition asks the following question: Whether a licensee has Article III standing to challenge the validity of a patent covered by a license agreement that covers multiple patents.

Patent Law 95

Patent Law Law Patent Litigation 95

Patently-O

JULY 9, 2024

Lemley and Lisa Larrimore Ouellette of Stanford Law School. Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent.

Patent 119

Patent Invention Inventor Litigation 119

IP Watchdog

AUGUST 4, 2022

Lincoln listed the development of patent laws—along with the invention of writing and the discovery of America—among the most important events in world history. Patents have “peculiar value…in facilitating all other inventions and discoveries,” he said in a speech in 1858. But a recent ruling by the U.S.

Invention 140

Invention Inventor Patent Law Technology 140

JD Supra Law

JANUARY 12, 2023

In a recent article, we argued that patent law's current subjective and inconsistently-applied mental process doctrine is erroneously based on a false equivalence between human and machine cognition.

Invention 98

Invention Patent Law Law Patent 98

The IPKat

JULY 30, 2021

Thus, the GPA will henceforth include an explicit proportionality defense to permanent injunctions in patent law. Reportedly, several German patent judges immediately commented along similar lines [ here ]. here , at 5]; novel generations of pharmaceuticals that make prior patent clearance difficult [e.g. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

SpicyIP

DECEMBER 2, 2024

Other Posts Book Launch: Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law (December 4, 2024) Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law by Adarsh Ramanujan, FCIArb is being released on December 4, 2024 at the Delhi High Court. In this post by Kartikeya S.,

Invention 52

Invention Trademark Reporting Editing 52

IPilogue

JANUARY 10, 2022

Madelaine Lynch is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. This article was written in affiliation with Madelaine’s placement at ventureLAB and published December 17, 2021, as part of ventureLAB’s IP Deep Dive Series.

Invention 104

Invention Patent Intellectual Property IP 104

The IPKat

JULY 18, 2024

The UPC Central Division also takes a strong stance on the patentability of therapeutic antibody inventions in Europe. The decision of the UPC confirms that the US and European approaches to antibody inventions are diametrically opposed. The decision is not just remarkable for being the first decision of its kind.

Invention 69

Invention Art Patent Patent Law 69

The IPKat

JULY 30, 2024

According to the USPTO guidance for AI-assisted inventions , AI has the potential to solve some of society's most difficult challenges. However, in the patent realm, the USPTO also believes that "inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity".

Inventor 78

Inventor Invention Designs Design 78

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.

Patent Law 52

Patent Law Law Intellectual Property Intellectual Property Law 52

Patently-O

NOVEMBER 3, 2021

Islamic law has primacy in Islamic countries that comprise nearly one-fifth of the world’s population. Many of these countries are members of Trade-Related Aspects of Intellectual Property Rights (TRIPS), which excludes from patentability certain inventions that offend morality in that society. patent law.

Law 106

Law Patent Intellectual Property Patent Infringement 106

IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA).

Invention 124

Invention Inventor Patent Application Patent Law 124

IP Watchdog

FEBRUARY 16, 2022

Nine months in, and we are still awaiting the Biden administration’s decision as to whether the law of patent eligibility should be clarified. On May 3, 2021, the Supreme Court invited the Solicitor General to recommend whether certiorari should be granted in American Axle v.

Law 128

Law Patent Invention Patent Law 128

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. Read the full article on Managing IP. Inventorship in the US is a critical component of patent ownership.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

JD Supra Law

JULY 2, 2023

The Chinese Patent Law, specifically Article 24, prescribes that an invention-creation for which a patent is applied does not lose its novelty where, within six months before the date of filing, one of the following events occurred: (1) where it was first made public for public interest when the country is in an emergency or an abnormal state; (2) (..)

Patent Law 52

Patent Law Law Patent Invention 52

Garrigues Blog

JUNE 22, 2021

In accordance with the Spanish Patent Law, the first application for a patent made in Spain must be filed at the Spanish Patents and Trademarks Office and penalties can be imposed in the event of the breach of this requirement. In this regard, article 115.1 What is an invention made in Spain? Article 115.3

Invention 52

Invention Inventor Patent Application Due Diligence 52

The IP Law Blog

APRIL 21, 2022

Not everything is patentable. First, only inventions are patentable. Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. Alice Corp. CLS Bank International , 573 U.S.

Invention 98

Invention Patent Patent Law Patent Infringement 98

IP Watchdog

JULY 15, 2022

Clearing the air on labyrinthine subject-matter eligibility standards for computer-implemented inventions (CIIs), a Canadian Federal Court last month revisited the issue in Benjamin Moore & Co. Attorney General of Canada, 2022 FC 923.

Invention 64

Invention Intellectual Property Patent Application Patent Law 64

Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.”

Invention 59

Invention Art Patent Designs 59

Patently-O

JULY 9, 2024

by Dennis Crouch I recently provided a set of interesting data on the large number of patents that are “at risk” of being invalidated based on the Federal Circuit’s Cellect decision. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system.

Patent 108

Patent Invention Patent Application Art 108

Patently-O

JANUARY 17, 2022

patent law. patents are territorially limited. Although Deepsouth was barred from using Laitram’s patented inventions throughout the United States , Deepsouth began selling its deveining machine to folks outside of the US in a partially constructed form. Patent Law Amendments Act of 1984, Pub.

Patent 122

Patent Invention Litigation Patent Law 122