Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

Design Patent 119

Design Patent Designs Design Patent 119

The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

Design Patent 98

Design Patent Designs Design Patent 98

Selvam & Selvam Blog

APRIL 1, 2025

The application, titled Method of Preheating and Controlling the Temperature of Fuel Injected into a Combustion Engine, was refused by the Deputy Controller of Patents and Designs on the ground that the invention fell under the exclusions listed in Section 3(m) of the Patents Act.

Invention 52

Invention Patent Patent Application Designs 52

IIPRD

MARCH 13, 2025

All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. Patents Patent protects new inventions that features technological advancements or economic significance or both and are capable of being used in the industry. For that, first let us understand what are IP and IPR.

Intellectual Property 83

Intellectual Property Registration Designs Design 83

SpicyIP

NOVEMBER 9, 2024

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.’ Cipla Ltd. ,

Patent Law 105

Patent Law Law Invention Patent 105

JD Supra Law

FEBRUARY 14, 2023

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. What’s more common than the written word? By: Seyfarth Shaw LLP

Design Patent 98

Design Patent Designs Design Patent 98

The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. Diplomatic conferences are negotiating rounds where multilateral treaties are adopted or revised.

Designs 119

Designs Design Intellectual Property Licensing 119

Biswajit Sarkar Copyright Blog

OCTOBER 4, 2023

The Indian Navy has a rich history and has undergone significant developments in terms of research and inventions. With a great sense of pride, we announce that the Indian Navy has introduced a new design for a mask to be used in their course of action. The design number is 360313-00.

Registration 98

Registration Designs Design Journalism 98

Intellectual Property Law Blog

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115.

Inventor 130

Inventor Invention Patent Designs 130

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? A US design patent application must be filed within six months of your foreign priority date. What is the cost to file a US design patent application with a priority claim? US government fees are based on the size of the applicant.

Design Patent 98

Design Patent Designs Design Patent Application 98

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.

Art 98

Art Designs Design Invention 98

Patently-O

APRIL 25, 2023

As artificial intelligence progresses at an unprecedented pace, numerous cases have emerged where generative AI has played a crucial role in conceiving an invention. This raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor.

Invention 126

Invention Inventor Patent Intellectual Property 126

The IPKat

MARCH 25, 2025

Rose Hughes outlined T 1865/22 concerning 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 Board of Appeal questioned whether the claimed composition involved an inventive step. 7(2) Community Design Regulation.

Artistic Work 59

Artistic Work Invention Designs Design 59

The IPKat

JANUARY 15, 2025

The Board of Appeal found that the invention in question was an offence against "human dignity" given that the scope of the claims included scenarios in which human cells could integrate into the the brain or germ-line of the chimeric animals specified in the claims.

Invention 102

Invention Patent Application Patent Patent Law 102

SpicyIP

MARCH 26, 2025

On 25th March 2025, the Patent Office officially released the Draft Guidelines for Examination of Computer-Related Inventions (CRI), 2025 , for public consultations. On a quick glance at the guidelines, the guidelines include discussion surrounding all aspects of patenting software (novelty, inventive step, clarity, etc).

Invention 59

Invention Blogging Designs Design 59

SpicyIP

MARCH 7, 2023

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k). Microsoft v.

Designs 117

Designs Design Patent Invention 117

JD Supra Law

JULY 26, 2024

In a recent en banc decision, the Federal Circuit Court of Appeals has overruled its prior test for nonobviousness of design patent inventions, holding that design patents are subject to the same test as utility patents. LKQ Corporation v. GM Global Technology Operations (Federal Circuit, May 21, 224). By: Weintraub Tobin

Design Patent 68

Design Patent Designs Design Patent 68

JD Supra Law

MARCH 27, 2025

Join us for a webinar, where we will cover key considerations for trade secrets, design patents, and trademarks, including best practices, common pitfalls, and unique opportunities.

Design Patent 59

Design Patent Intellectual Property IP Invention 59

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. Indeed, Bioo had filed its own patent application ( WO 2022/058500 ) describing these advantages of its two-compartment design.

Invention 90

Invention Art Patent Designs 90

Barry Sookman

DECEMBER 23, 2023

Recent decisions in both the patent and copyright fields have denied protection for otherwise patentable inventions and copyright works where the sole claimed inventor or author is identified as an artificial intelligence system. … The post Do generative AI inventions and works qualify for patents and copyrights?

Invention 113

Invention Copyright Patent Inventor 113

IP Watchdog

OCTOBER 1, 2023

In terms of its design, the proposed legislation attempts to deal with each of the Supreme Court’s decisions in Alice, Mayo and Myriad, plus all of their progeny applications thereafter engendered by the Federal Circuit, the Patent Trial and Appeal Board (PTAB), all the way down to the U.S. PERA is no doubt an ambitious bill.

Invention 137

Invention Patent Designs Design 137

The IP Law Blog

MARCH 9, 2023

Plaintiff had argued that using the patented methods in the design process, which guides the subsequent manufacturing process, is sufficient to state a claim. In other words, Defendant argued that alleging a method is used in the design of a product is distinct from alleging that the method is used in the manufacture of the product.

Designs 98

Designs Design Patent Patent Infringement 98

Dragons' Den

JANUARY 23, 2025

Using her experience and her savings, she started a reseller company distributing fashion items designed and manufactured in Ukraine. It was twenty three years ago that he first came up with the undoubtedly sleek design bathroom components including basin, toilet, storage and shower that swivel out from one central backbone.

Blogging 98

Blogging IP Business Inventor 98

SpicyIP

OCTOBER 21, 2024

Assistant Controller of Patents & Designs, holding that methods for producing antibodies through the genetic modification of non-human animals are indeed patentable. David and Elizabeth Emanuel, designers of Princess Diana’s iconic wedding dress have settled their dispute concerning the sale of design drawings.

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Settlement 105

SpicyIP

AUGUST 29, 2024

Recently the MHC remanded a matter back to the Controller for re-consideration on whether the cited prior art would render the invention obvious in light of the explanation in the specification. Interestingly, the impugned order by the Controller has already held the invention to be obvious based on the claims filed by the applicant.

Invention 114

Invention Patent Application Art Patent 114

IP Watchdog

DECEMBER 6, 2021

Moderna has commented that, after an internal review, no NIH scientists designed the actual vaccine claimed in the U.S. As a result of the collaboration, a vaccine labeled “mRNA-1273” was created and a U.S. patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application.

Invention 122

Invention Inventor Patent Application Designs 122

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

The IPKat

JULY 11, 2022

The decision in J 8/20 demonstrates that the current patent system is more than capable of dealing with AI inventions when and if they arise, without harming innovation or treating the AI inventors unfairly. The patent applications purportedly relate to the inventions of an AI ("DABUS").

Patent Law 145

Patent Law Publishing Inventor Law 145

The IPKat

FEBRUARY 22, 2025

In many cases, manufacturing IP may be easy for any potential competitor, generic or biosimilar company to design around. It is challenging for generics and biosimilars to design around a drug substance patent, given that regulatory approvals are tied to the drug substance itself.

IP 64

IP Invention Art Designs 64

The IPKat

FEBRUARY 4, 2025

The key legal test is whether a skilled person could perform the invention. It is thus generally not necessary to describe how the invention was first derived. Nonetheless, the inventive story behind a novel compound may still play a crucial role during patent prosecution and/or subsequent litigation. Insilico's Pharma.AI

IP 64

IP Invention Inventor Designs 64

The IPKat

FEBRUARY 14, 2024

On 12 February 2024, the United States Patent and Trademark Office (USPTO) announced with a press release the publication of its Inventorship Guidance for AI-Assisted Inventions (Guidance). The guidance embraces the use of AI in innovation and provides that AI-assisted inventions are not categorically unpatentable.

Invention 84

Invention Publishing Inventor Designs 84

Nelligan Law

NOVEMBER 29, 2023

A whirlwind of inventive ideas emerged faster than you can say, “Deck the halls with boughs of holly! Hey, did you know that the modern advent calendar isn’t just a festive countdown; it’s a treasure trove of inventive brilliance? The post The Inventive Evolution of Advent Calendars and the Secrets Behind Each Door!

Invention 98

Invention Intellectual Property Blogging Patent 98

The IPKat

MARCH 7, 2023

by Giorgia Golzio and Daniele Golzio You might have come across The Simpsons’ episode “ Girls Just Want to Have Sums ”, in which Homer challenges the ability of women to invent. As Marge recalls, Bette Nesmith Graham (1929-1984) invented the first correction fluid in her kitchen in 1951: the so-called Liquid Paper.

Invention 143

Invention Patent Inventor Designs 143

JD Supra Law

DECEMBER 22, 2021

It reportedly conceived two separate inventions without any human intervention and therefore, was designated as an inventor on patent applications related to those inventions. DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) is an artificial intelligence (AI) system created by Dr. Stephen Thaler.

Inventor 124

Inventor Intellectual Property Invention Patent Application 124

IP Watchdog

JULY 14, 2022

Earlier this month, IP diversity advocacy group Invent Together announced that it had launched an online learning platform known as The Inventor’s Patent Academy (TIPA), an e-learning course designed in collaboration with Qualcomm to educate inventors from diverse and underrepresented backgrounds about the benefits of engaging with the U.S.

Inventor 124

Inventor Invention Patent IP 124

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. How then are AI-generated inventions to be protected? The USPTO's guiding principles for AI-assisted inventions The Federal Circuit in Thaler v. Vidal ( 43 F.4th 4th 1207, 1213 (Fed.

Inventor 78

Inventor Invention Designs Design 78

SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. The patent office issued a first examination report in June 2019, (7 years later!)

Invention 111

Invention Art Designs Design 111