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Among the cauldron of Halloween patents, one particularly clever design stands out: a patented method for decorating pumpkins (and, technically, other fruits…but we’re not holding our breath for Halloween coconuts). Patent 6,855,224, an invention that makes it easy to transfer intricate designs onto pumpkin surfaces.
In the following sections, we will discuss an illustrative list of subject areas that may offer patentable AI inventions. (1) Some examples include specially designed hardware to improve training efficiency by working with GPU/TPU/NPU/xPU (e.g., 1) Training phase. 4) Robustness, safety, reliability, and data privacy of AI models.
When there are fewer design elements in a design claim or when the individual elements of the design seem commonplace in isolation, it can be easy to overlook the inventive effort that went into developing a design. By: Quarles & Brady LLP
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. ,
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.
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.
Design Patent #D1,050,634 from the U.S. Design Application #29888619, titled “Rope Throw Dog Toy” on September 18, 2024, and the patent was issued on November 5, 2024. This invention was inspired by my dog, Luna, who LOVES to chase balls—especially squeaky ones. On November 5, 2024, I received an official copy of U.S.
A patent is a form of intellectual property right granted to an invention. It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Patents are valuable assets that enable one to share their invention in public without any fear of being misused.
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.
This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. The result is that it should become easier to obtain design patent protection. In re Surgisil, LLP , — 4th — ( Fed.
GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. ” And, like the primary reference, any secondary references must also be analogous art.
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 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).
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.
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?
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
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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").
Legal Background: Open-ended ranges According to Article 83 EPC , European patents should "disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art." This test is applied to all types of invention, including those in the mechanical field ( IPKat ).
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.
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
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.
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
The almost-full Federal Circuit (minus two judges) has overturned the Rosen-Durling test for determining design patent obviousness under 35 U.S.C. § Under 35 U.S.C. §
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.
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.
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.
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.
Highlights of the Week Logical Fallacy in Patent Law: Analysing Abolkheir’s Challenge to the Soundness of Non-obviousness Test In his recent work, Dr. Mo Abolkheir argues that the ‘inventive step’ understanding in the patent law is flawed as it places an emphasis on the inventor’s imaginative capacity rather than the invention itself.
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.
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!)
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.
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.
The Patent Act, covers three types of Patents for protection: Invention Patent: Section 3 of the Patent Act, Thailand describes invention patent as any discovery or invention or any improvement of a product. The Patent needs to be renewed after its renewal due date.
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