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The morality (and patentability) of inventions derived by immoral means (T 2510/18)

The IPKat

Cases relating to the exclusion of patentable subject matter on moral grounds are rare, and always serve to highlight the underlying moral and political framework necessary for a well-functioning IP system. The recent case T 2510/18 considered whether an invention derived from traditional remedies by dishonest means was immoral.

Invention 113
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Patent Protection on AI Inventions

Intellectual Property Law Blog

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. AI patent activities by year. from 1990-2018. The eight AI components in FIG.

Invention 242
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Logical Fallacy in Patent Law: Analysing Abolkheir’s Challenge to the Soundness of Non-obviousness Test

SpicyIP

In his recent work published in the Journal of Intellectual Property Law and Practice , Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. It confuses ‘invention’ with ‘person.’

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G 2/21 applied to software inventions (T 0687/22)

The IPKat

The EPO Board of Appeal decision in T 0687/22 confirms beyond doubt the relevance of G 2/21 to software inventions. The decision in T 0687/22 links the case law from G 1/19 and G 2/21 to highlight t he importance of establishing a credible technical effect of software invention. Headnote II).

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Excluding a technical feature is not inventive without evidence of a technical effect (T 1865/22)

The IPKat

The recent Board of Appeal decision in T 1865/22 considered the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The problem-solution places heavy emphasis on the problem to be solved by the invention in view of the closest prior art.

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Board of Appeal finds that human/pig chimeras are a risk to human dignity (T 1553/22)

The IPKat

A recent EPO Board of Appeal decision considered the patentability of human-animal chimeras and where the line should be drawn on moral acceptability ( T 1553/22 ).

Invention 102
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Plausibility as a moving target: Phase III clinical trial results sink second medical use patent (T 0816/22)

The IPKat

The Board of Appeal decision in T 0816/22 considered whether post-published phase III clinical trial data showing lack of efficacy can invalidate a second medical use patent that appeared plausible based on the data in the application as filed.

Patent 105