Intellectual Property Law Blog

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. the Office is aware of and evaluates the teachings of all information material to patentability.”

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Invention Inventor Patent Application Patent 130

Patent Trademark Blog

FEBRUARY 15, 2023

Will arguments be necessary in your utility patent application? Nine out of ten utility patent applications will get rejected at least once. So, yes, arguments will be required in the vast majority of utility patent applications. Trademark examiners are lawyers , and patent examiners are not.

Patent Application 98

Patent Application Patent Art Invention 98

Patent Trademark Blog

MARCH 6, 2025

Can foreign applicants file US utility patent applications? Inventors located outside the US can file US patent applications. Foreign inventors, however, must be careful to follow the patent laws of the country in which the invention was made. Where was the invention made?

Patent Application 52

Patent Application Patent Invention Inventor 52

IP Tech Blog

SEPTEMBER 2, 2021

As explained on USPTO’s website , the COVID-19 Prioritized Examination Pilot Program provides the opportunity for small and micro entities to request prioritized examination of patent applications containing one or more claims to a product or process related to COVID-19 — without having to pay the fees for prioritized examination.

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Invention Inventor Patent Application Blogging 115

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). – For patent applications where the invention uses or is based on biological resources from India, NBA approval is necessary before the grant of the patent.

Patent Application 52

Patent Application Inventor Patent Due Diligence 52

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.

Patent Application 98

Patent Application Patent Design Designs 98

Patent Trademark Blog

MAY 22, 2023

What is patentable? To be patentable, an invention must be both eligible and unique. Subject matter eligibility relates to the nature of the invention while uniqueness has to do with what has been done in the past. A unique invention must be both novel and nonobvious over the prior art , or past stuff.

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Invention Patent Application Patent Art 85

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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Invention Publishing Patent Art 131

Intellectual Property Law Blog

OCTOBER 11, 2022

Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. Additional detail on each case is provided below.

Patent Application 130

Patent Application Patent Inventor Invention 130

The IP Law Blog

FEBRUARY 15, 2024

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention.

Invention 109

Invention Inventor Patent Patent Application 109

Intellectual Property Law Blog

SEPTEMBER 8, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).

Patent 189

Patent Patent Application Invention Art 189

The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. And, nothing in the Act dictates the contrary conclusion.

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Invention Inventor Patent Moral Rights 98

Intellectual Property Law Blog

MAY 22, 2023

Enablement Section 112(a) of the Patent Act requires that a patent specification includes “a written description of the invention, and of the manner and process of making an using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art…to make and use the same.

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Invention Art Inventor Patent 246

Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. He would also understand the profitability and commercial viability of his invention.

Marketing 119

Marketing Marketing Inventor Invention 119

The IP Law Blog

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. Patent Appl.

Inventor 96

Inventor Invention Patent Patent Application 96

Intellectual Property Law Blog

SEPTEMBER 1, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).

Patent 212

Patent Patent Application Technology Invention 212

Intellectual Property Law Blog

OCTOBER 6, 2023

. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g). patent system from a first-to-invent system to a first-to-file system.

Invention 162

Invention Patent Application Inventor Government 162

SpicyIP

JULY 4, 2024

Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application! Despite the withdrawal of the appellant’s patent application, it was wrongfully published.

Art 105

Art Publishing Patent Application Invention 105

Patent Trademark Blog

FEBRUARY 24, 2025

According to this Yale study , about 88% of US utility patent applications will receive a first rejection. Getting a first Office Action in your nonprovisional patent application is simply par for the course. Welcome to the club called Nearly Every Utility Patent Applicant. The issue is timing.

Patent Application 52

Patent Application Patent Art Invention 52

IP Tech Blog

JANUARY 3, 2024

The court held that an AI system is not a person, let alone a natural person, thus this requirement cannot be met by an AI system which has autonomously created an invention. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

Patent Application 62

Patent Application Inventor Patent Invention 62

Patent Trademark Blog

JANUARY 18, 2023

What makes an invention eligible for patent protection? Not every new thing is patentable. A concept might be unique, and yet ineligible for patent protection. Subject matter eligibility refers to whether an invention is qualified for patent protection. 35 USC 101 – Inventions patentable.

Patent Application 98

Patent Application Invention Graphic Design Design Patent 98

SpicyIP

NOVEMBER 21, 2024

Will we finally see more patent grants to Indian Residents? It seems likely as in 2023 marks the first time when Indian residents submitted more than half of all the patent applications (55.2%)! million patent applications were filed, witnessing a 2.7% million applications, (i.e. million filings (i.e.

IP 64

IP Patent Application Patent Reporting 64

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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Invention Ownership Intellectual Property Inventor 110

Patent Trademark Blog

MARCH 14, 2022

We’ve filed so many patent applications that we really do not need to know all the nitty gritty details of your invention in order to answer most of your questions. Do you want to file a utility or design patent application, or possibly both? Can we tell you if your invention is patentable?

Patent Application 98

Patent Application Patent Invention Design Patent 98

Patent Trademark Blog

APRIL 19, 2023

What does patent obvious mean? To be patentable, an invention must be novel and nonobvious. A novel invention is new, unique, something hasn’t been before. But, what makes a patent application obvious? Want to file a nonobvious patent? Who really decides if a claimed invention is obvious?

Patent 98

Patent Patent Application Invention Art 98

Patent Trademark Blog

SEPTEMBER 11, 2024

Can you see a pending design patent application? No, US design patent applications are not published. Therefore, the public cannot monitor or search for a pending design patent application. Need to apply for a design patent? Why does it matter that design patent applications are not published?

Design Patent 52

Design Patent Patent Application Publishing Design 52

Intellectual Property Law Blog

FEBRUARY 25, 2021

However, due to recent changes in patent law, it is more important than ever to ensure that you analyze the patentability of blockchain inventions in light of these changes to target inventions likely to result in patents.

Patent 130

Patent Invention Patent Application Patent Law 130

SpicyIP

DECEMBER 6, 2024

Summary of the Judgement: The suit Patent in question was titled mTOR kinase inhibitors for oncology indications and disease associated with the mTOR/P13K/AKT Pathway ( 3500/CHENP/2011). The applicant premised his arguments against the Order on three specific points.

Patent 59

Patent Invention Blogging Reporting 59

IAM Magazine

SEPTEMBER 6, 2021

Co-published – There are different types of AI inventions and patent claims should be structured differently for each type in order to comply with the office’s eligibility requirements and obtain commercially relevant rights.

Patent Application 97

Patent Application Invention Patent Publishing 97

Patent Trademark Blog

FEBRUARY 15, 2022

What makes for a good utility patent application? Is a good patent application one that avoids rejections ? What if I were to tell you that a utility nonprovisional patent application that gets allowed easily might not always be a good thing? What do you look for in utility patent claims?

Patent Application 52

Patent Application Patent Invention Art 52

Patent Trademark Blog

MARCH 28, 2022

Utility patents are complicated to prepare and prosecute. Drafting a utility patent application involves two main tasks: Describing the invention; and Claiming the invention. How to save patent costs by describing your invention. appeared first on Patent Trademark Blog | IP Q&A.

Patent 94

Patent Patent Application Invention IP 94

Kashishipr

JULY 28, 2021

In the absence of such a doctrine, the true essence of the patent and the monopolistic rights would never be realized to their full potential as it would enable the competitors to make unimportant changes to the invention to claim another set of rights altogether. Brief Introduction.

Patent Application 59

Patent Application Patent Invention Art 59

Patent Trademark Blog

MARCH 5, 2025

The general rule is that utility patents expire 20 years from the filing date of the earliest nonprovisional application in the patent family. Notice that a provisional patent application does not reduce the term of a utility patent. appeared first on Patent Trademark Blog | IP Q&A.

Patent Application 52

Patent Application Patent Invention Art 52

Intellectual Property Law Blog

SEPTEMBER 29, 2022

During this meeting, panelists from industry and the USPTO provided helpful tips on drafting and prosecuting patent applications that include AI components, including special tips for the biotech industry. Key takeaways from the meeting and published materials will be summarized in our Three-Part Blog Series.

Technology 130

Technology Trademark Patent Prosecution Patent 130

Biswajit Sarkar Copyright Blog

DECEMBER 10, 2022

For registering the patent, it is essential to file a patent application before the Office of the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion, under the Ministry of Commerce and Industry. Convention Application.

Patent Application 52

Patent Application Patent Invention Inventor 52

SpicyIP

DECEMBER 22, 2022

vs The Assistant Controller of Patents and Designs , has set aside the order passed by the Assistant Controller of Patents & Designs and directed it to look at the patent application afresh and pass a properly reasoned order. It compromises, seriously, even the inventive integrity of the applicant-inventor.”

Invention 130

Invention Patent Application Design Designs 130

Patent Trademark Blog

OCTOBER 26, 2022

There is a tradeoff when you file a patent. In order to gain certain exclusive rights from the government, inventors must disclose detailed information on how to make and use their invention. In exchange for the public disclosure of your proprietary information, the government is willing to give you a patent. See MPEP 2164.06

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Confidentiality Patent Patent Application Invention 96