Intellectual Property Law Blog

OCTOBER 8, 2021

A recent court decision on whether an AI system can be named an inventor in a patent application provides a compelling reason for stakeholders in the artificial intelligence industry to respond to the request. patent law to accommodate and encourage technologies that will drive the Fourth Industrial Revolution.

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Inventor Patent Invention Technology 189

Patent Trademark Blog

APRIL 5, 2023

One of the most frequent questions I get about getting a patent in China is whether anyone should even bother. Why file a patent overseas when you cannot enforce it? Keep in mind that I am a US patent attorney. Our foreign patent experience has enabled us to counsel our clients on what to expect when filing patents worldwide.

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Patent Patent Application Litigation IP 98

Intepat

APRIL 7, 2025

However, the patenting of methods for medical treatment of human beings presents a complex issue, intertwining patent law with medical law. Medical law, rooted in the Hippocratic Oath, prioritizes the preservation of human life.

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Patent Inventor Invention Patent Law 52

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.

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Patent Application Patent Invention Inventor 52

Selvam & Selvam Blog

APRIL 1, 2025

Robert Bosch Limited, filed an appeal before the Madras High Court, challenging the rejection of their Indian Patent Application No. The Court closely examined the independent claim 1 of the patent application. 201944047460.

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Invention Patent Patent Application Design 52

The IP Law Blog

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. The announcement was made on the blog homepage of PTO Director Kathi Vidal. A patent protects an invention. In her blog post, Director Vidal states that stakeholders with respect to U.S.

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Patent Invention Patent Application Intellectual Property 98

More Than Your Mark

JULY 2, 2021

Must a new assignment be submitted for continuation-in-part patent applications whose claims encompass subject matter that was not present in the applications previously assigned? If you have questions about this blog post or any related matters, please feel free to contact me at jfarco@norris-law.com.

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Inventor Patent Patent Application Intellectual Property 94

IPilogue

JUNE 2, 2022

Previously, the Federal Court of Australia ruled that Australian patent law did not preclude “non-human” inventors from owning patents over their creations because no mental state of an inventor is required for an invention. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

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Invention Ownership Intellectual Property Inventor 110

Patent Trademark Blog

JANUARY 12, 2023

Obviously, if you do not find an attorney’s name on this directory, they do not and can not file patent applications for others. They can still practice trademark or copyright law. Second, the Status column tells you whether a practitioner is a patent attorney or agent.

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Patent Patent Application Registration IP 98

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.

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Kashishipr

DECEMBER 8, 2021

Claiming Intellectual Property Rights (IPRs) over a subject matter as debatable as life forms has created diverse opinions since the day such a claim application was first made. It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions.

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Patent Intellectual Property Invention Ownership 105

Selvam & Selvam Blog

NOVEMBER 17, 2022

In the Indian Patent system, an application for the grant of a patent is taken up for examination by the Indian Patent Office only when a request for examination of the application is filed.

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Patent Application Patent Invention Licensing 52

GDB Firm Blog

OCTOBER 26, 2021

The issue of who actually owns a patent or pending patent application is obviously very important. This blog post will briefly explain how patent ownership works under US patent law, so inventors, managers, and other non-experts can better understand this important topic when working with a patent attorney.

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Ownership Inventor Patent Patent Application 52

SpicyIP

MARCH 9, 2025

Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law in the Indian context. Patent Office orders have partially answered what it means to wrongfully obtain a patent but are inconsistent in adjudicating wrongful obtainment claims. Vennootschap (Sr.

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Trademark Patent Copyright Patent Application 59

The IP Law Blog

JANUARY 13, 2022

In order to obtain a patent for an invention, the invention must be fully disclosed in a written patent application. The patent application has to describe the invention in detail and how to make and use the invention. The invention must meet several requirements in order to be patentable.

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The IP Law Blog

FEBRUARY 29, 2024

LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea. Certain other categories are “patent-ineligible subject matter:” laws of nature, natural phenomena, and abstract ideas. 12/20/2023) 2023 U.S.

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IPilogue

NOVEMBER 1, 2021

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. Third, nothing in the Act dictates the contrary conclusion.”. Firstly, Kim et al.

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Inventor Patent Invention Intellectual Property 111

IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term.

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IPilogue

SEPTEMBER 28, 2021

Justice Marcus Smith explained his reasoning by saying that the meaning of the word “inventor” is limited to people under UK patent law. As mentioned, Apotex was the most recent Supreme Court of Canada decision that spoke to humans being inventors for patent applications.

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Technology Inventor Patent Patent Law 111

Intellectual Property Law Blog

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. On February 13, 2024, the U.S. 101 and 115. Conclusion AI-assisted inventions come with their own set of legal risks.

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Inventor Invention Patent Design 130

The IP Law Blog

MARCH 10, 2022

The Board noted that the holding of a district court in the Eastern District of Virginia that an artificial intelligence system could not be an inventor on a patent application under patent law supported the Board’s conclusion, given that patent and copyright law have similar requirements.

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Art Copyright Copyright Law Registration 97

SpicyIP

SEPTEMBER 19, 2023

The rules, if passed, are surely a strong attempt towards fighting the long-standing issue of pendency in the Indian Patent Office, but concurrently it can also led to dilution of material safeguards within the Patent Act, which are in place to ensure that applicants/ patentees stick to their end of the patent bargain.

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Biswajit Sarkar Copyright Blog

MARCH 1, 2024

A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application. Who can file a patent application? Product patent- This law is important for providing safeguards to products.

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Patent Inventor Invention Intellectual Property 105

IPilogue

SEPTEMBER 24, 2021

The latest decision from the United States, Thaler v Hirshfeld , comes off the heels of recent judgements in South Africa and Australia asking if AI can be considered the inventor in patent law. This question has sparked widespread debate and commentary within the legal community as legal frameworks struggle to adjust to AI.

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Inventor Invention Patent Law 129

Patent Trademark Blog

MAY 26, 2021

The use of dashed lines, or broken lines, in design patent drawings means that whatever is drawn in such lines is not claimed. In a US design patent, the claimed design comprises what is drawn in solid lines. Each foreign country has its own patent laws which may or may not allow for broken lines in design patents.

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Design Patent Design Designs Patent 60

Kashishipr

OCTOBER 20, 2021

The main objective of Sections 26C and 27D was to prevent the patent holders from getting an extension on their patents by taking advantage of loopholes and undue benefits of the Justice system. India changed its Patents Laws in 2005 to comply with the TRIPS Agreement. For more visit: [link].

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Patent Intellectual Property Inventor Government 105

The IP Law Blog

FEBRUARY 15, 2024

In the guidance, the USPTO explained that while AI systems and other non-natural persons cannot be listed as inventors on patent applications or patents, the use of an AI system by a natural person does not necessarily preclude a natural person from qualifying as an inventor if the natural person “significantly contributed to the claimed invention.”

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Invention Inventor Patent Patent Application 109

Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. Applying for patents is like running a race.

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Patent Application Patent Invention Inventor 52

IP Blog

SEPTEMBER 2, 2020

Safeguarding software with an issued patent is often complicated unless it is an inextricable element of a multi-part system. Among the many varieties of Intellectual Property, software certainly stands out as one of the most challenging types of creations to protect. This is true in numerous countries, but especially in the United States.

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Patent Application Intellectual Property Patent IP 52

IPilogue

FEBRUARY 13, 2023

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. For the first time in decades, the US Supreme Court will engage with enablement in patent applications. The requirement of enablement in US patent law is codified in 35 USC s.

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Patent Invention Art Inventor 101

IPilogue

SEPTEMBER 14, 2022

v Canada (Attorney General) the Federal Court has addressed a long-standing complicated issue in patent law, computer-related subject matter. The Federal Court adopted a new 3-step framework for assessing patentable subject matter in electronics and computer-implemented inventions. In the case of Benjamin Moore & Co.

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Invention Patent Intellectual Property Inventor 105

Garrigues Blog

APRIL 5, 2022

Amending a patent application or a patent that has been granted, in such a way that it contains subject-matter which extends beyond the content of the application as originally filed, is a ground for revocation of said patent. c) of the Patents Law and article 138.1

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Patent Patent Application Art Blogging 72

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. As part of the course requirements, students were asked to write a blog on a topic of their choice.

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Invention Patent Intellectual Property IP 104

LexBlog IP

OCTOBER 24, 2023

This post was originally published to Seyfarth’s Gadgets, Gigabytes & Goodwill Blog. In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. defense departments (e.g.,

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Patent Application Invention Inventor Patent Prosecution 52

Trading Secrets

OCTOBER 24, 2023

This post was originally published to Seyfarth’s Gadgets, Gigabytes & Goodwill Blog. In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. defense departments (e.g.,

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Patent Application Invention Inventor Patent Prosecution 52

Canadian Intellectual Property Blog

NOVEMBER 23, 2020

The aim of this series of short articles is to debunk these common myths around patent protection. Patent Myth #5: Even if my invention is in an early stage of development, I can still file a “quick and dirty” U.S. provisional application A U.S. Despite the fact that the formality requirements for U.S.

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Patent Application Patent Inventor Invention 52

Intellectual Property Law Blog

MARCH 13, 2024

Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions. Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

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