The IPKat

AUGUST 11, 2023

PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. Sceptical Kat Has DABUS invented?

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The IPKat

AUGUST 13, 2024

OpenAI is pursuing speedy patent grant Fascinatingly, OpenAI is pursuing highly accelerated grant of its IP. A patent can only be enforced once it is granted. However, it can take 3 to 5 years of patent prosecution before national patent offices to achieve grant of a patent.

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IP Watchdog

AUGUST 7, 2021

The number of artificial intelligence (AI) patent applications received annually by the United States Patent and Trademark Office (USPTO) grew from 30,000 in 2002 to more than 60,000 in 2018. Further, the USPTO has issued thousands of inventions that utilize AI.

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The IPKat

FEBRUARY 21, 2023

Much of patent prosecution and opposition at the EPO is an advanced game of spot the difference. Subtle differences between the application as filed and the claimed subject matter can be fatal to a granted European patent. 2.13, see also Headnote) The Board of Appeal therefore found the priority claim invalid.

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SpicyIP

JULY 31, 2023

But first, just to take a step back: What is a Product-by-Process Patent Claim? As a part of the patent bargain, an inventor must describe the invention and disclose the best method to perform it. However, I am not sure how the Kirin-Amgen is useful in importing product-by-process claims in the Indian Patents Act.

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IP Watchdog

JANUARY 10, 2025

Court of Appeals for the Federal Circuit (CAFC) today affirmed a Patent Trial and Appeal Board (PTAB) decision that upheld an examiners rejection of certain claims of a patent application for a cancer immunotherapy invention. The opinion was authored by Judge Lourie.

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The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. Whether in speeches, conferences, or articles, no subject engendered more IP conversation. If there was a rock-star matter in the patent world, it was the debate over trolls. Start with the sheer volume of patent applications. Focusing on the U.S.,

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Nelligan Law

SEPTEMBER 19, 2022

Reading Time: 3 minutes Key changes to patent prosecution in Canada will come into effect October 3, 2022. Nelligan Law is grateful for the contribution of articling student Nailah Ramsoomair in writing this blog post. This would be reduced by 50% to $50 for small entities (Small Entity Rate). Requests for Continued Examination.

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IP Watchdog

MARCH 24, 2022

The demographic data were collected voluntarily in 2021from the 21 regional programs that administer the PPBP as part of the broader goal of diversifying the patent system. patents are women, while a Harvard study said that white individuals are three times more likely to invent than Black individuals.

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LexBlog IP

JUNE 23, 2022

The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) invalidated the CN Invention Patent No. The novelty art is an article published within the grace period (i.e., The novelty art is an article published within the grace period (i.e.,

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IP Watchdog

MAY 14, 2024

Patent and Trademark Office’s (USPTO) recent Request for Comments (RFC) on the impact of artificial intelligence (AI) highlights a critical juncture in intellectual property law—evaluating the impact of generative AI (GenAI) on the non-obviousness standard.

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IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S.

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IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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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 Trademark Blog

AUGUST 13, 2021

This article will provide you with helpful knowledge to develop a PCT strategy that will hopefully benefit your national stages, particularly in the US. There are bound to be some claims lacking in novelty (N) or inventive step (IS), which is the equivalent of nonobviousness. How to get an early PCT prior art search.

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The IPKat

SEPTEMBER 23, 2022

selected address issues such as SPC protection for combination products, double patenting, prosecution history estoppel and the influence of declarations made by the patentee in parallel proceedings, the possibility for national courts to request technical opinions from the EPO under Art. The decisions we (arbitrarily!)

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IP Watchdog

NOVEMBER 20, 2024

Patent and Trademark Office (USPTO) today published a final rule announcing across-the-board fee increases of 7.5% but scrapping the most controversial proposals from its April 2024 Notice of Proposed Rulemaking (NPRM). The changes will take effect as of January 19, 2025.

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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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The IPKat

DECEMBER 11, 2023

The US Supreme Court’s decision in eBay v MercExchange (2006) meant patents were no longer exclusive rights by definition and the implications and wisdom of that shift have been vigorously debated. The book’s central aim is to argue for what could be considered a “third way forward” for proportionality in European patent law.

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IP Watchdog

MARCH 16, 2023

In the case of Stephen Thaler’s attempt to obtain patent protection for a food container and light stick he says were independently invented by his AI machine, DABUS, the inventor-in-fact will be either Thaler or his machine. The procedural posture of Thaler v.

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IP Watchdog

AUGUST 12, 2024

Teva Pharmaceuticals (2019), the Federal Circuit rejected Celanese’s contentions that statutory changes wrought by the America Invents Act (AIA) altered the on-sale bar such that sales of products manufactured by an undisclosed process would not invalidate patents claiming that process.

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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.

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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. Reduce your patent fees.

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LexBlog IP

SEPTEMBER 9, 2021

Ask the inventor to explicitly describe why the invention is more than the expected sum of its parts. Clients often ask how much detail they need to provide when working with an attorney to draft a patent application for an invention that includes software. 1] This article does not constitute legal advice. Elavon, Inc.,

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IP Watchdog

JULY 18, 2022

Judge Pauline Newman dissented, accusing the majority of departing “from the rule that patent claims are construed in accordance with the invention described in the specification.”. The CAFC, with Chief Judge Moore writing, said the district court’s ruling was based on an erroneous claim construction.

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IP Watchdog

OCTOBER 4, 2022

During IPWatchdog’s LIVE event in Dallas, Texas, in September, USPTO Texas Regional Office Director Hope Shimabuku explained that issuing “robust and reliable patents”—which seems to have replaced the oft-maligned term, “patent quality,”—is a key focus for USPTO Director Kathi Vidal.

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Selvam & Selvam Blog

AUGUST 11, 2023

In a similar case, the Judge observed that “ If inventors, who seek to invent patents, are going to suffer such treatment, it would ultimately disincentivize persons from exercising their inventive faculties and coming with new and innovative technologies which would ultimately be deleterious to the national interest as well.

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SpicyIP

APRIL 7, 2024

To briefly point to much discussed worrisome provisions in the Annex of the Intellectual Property chapter: Article 11.7 Article 12, along with the recent amendments to the Patent Rules, restrict the obligation to disclose the “working” statement., Article 13.2 Similar language is incorporated in Article 13.3

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IP Watchdog

JANUARY 16, 2025

Patent and Trademark Office (USPTO) today announced the findings of two reports conducted by third-party academic economists and submitted to Congress late last year, as required by the Unleashing American Innovators Act of 2022 (UAIA).

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LexBlog IP

FEBRUARY 7, 2022

v Hologic case, t he US Supreme Court (“SCOTUS”) ruled that assignor estoppel is limited and may allow a previous assignor, under specific circumstances, to challenge the validity of patents they have subsequently reassigned. Scenario Two: Company A (Assignor) sells/assigns their patents to Company B (Assignee).

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Patent Prosecution. Patent protection is generally available for cannabis and cannabis-related innovations on the same basis as any other innovation, presenting relatively few obstacles for applicants. A patent applicant’s planned use of the claimed invention thus has no bearing on its patentability.

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SpicyIP

JANUARY 2, 2022

In this case, the right to be forgotten was located in Article 21 of the Constitution and a post Puttaswamy framework. In 2006 Kibow had applied for registration of its invention for a certain composition that augments kidney function and was granted patent protection. Centaur Pharmaceuticals Pvt Ltd and Kibow Biotech Inc.

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SpicyIP

JULY 22, 2023

Reform in Law However, while the patent application numbers are on the rise, the Industry has expressed concerns over the patent prosecution and examination regime in India. It also obligates the users of such technology to ‘demonstrate transparency’ in claims for intellectual property (Refer to pages 6, 10 and 13).

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SpicyIP

DECEMBER 17, 2023

Delhi High Court Comes Down Heavily on the Patent Office for Delay in Passing the Order Image by Freepik DHC comes down on the Patent Office for a four-year delay in issuing an order. Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patent prosecution timelines.

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IP Watchdog

JUNE 14, 2023

The United States Patent and Trademark Office (USPTO) yesterday republished its Request for Comments (RFC) on the establishment of an additional USPTO Regional Office in the southeast region and four new community outreach offices.

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IP Watchdog

AUGUST 5, 2021

During the Patent Public Advisory Committee (PPAC) quarterly meeting held today, participants provided an update on the Director Review process under the Supreme Court’s Arthrex v. Smith and Nephew ruling, among other announcements.

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IP Watchdog

JUNE 14, 2023

The United States Patent and Trademark Office (USPTO) yesterday republished its Request for Comments (RFC) on the establishment of an additional USPTO Regional Office in the southeast region and four new community outreach offices.

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