IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] The Guidance strives to ensure balance between protecting and incentivizing AI-assisted inventions and not hindering future human innovation, as “the patent system is designed to encourage human ingenuity.” [2]

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Invention Inventor Patent Application Designs 52

LexBlog IP

JULY 26, 2022

PatentNext Summary: The Legal Board of Appeal (the “Board”) of the European Patent Office (EPO) recently suggested that the owner of an artificial intelligence (AI) machine could possibly be listed as an inventor of an AI-generated Invention. ” J 8/20 (Designation of inventor/DABAS) at para.

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Inventor Invention Patent Designs 52

Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. Rather, the human must provide significant inventive contribution).

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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. Individual inventor applicants and academic institutions qualify as small entity for reduced USPTO patent filing fees.

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Design Patent Designs Design Patent Application 98

LexBlog IP

APRIL 6, 2022

I have been monitoring patent application filing around the world that list “DABUS (the “Device for the Autonomous Bootingstraiming of Unified Sentience”) as the sole inventor. At issue is whether an AI machine alone can be listed as an inventor on a patent application. In today’s posting, I provide updates to this article.

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Inventor Patent Application Patent Invention 98

Patently-O

MARCH 26, 2024

Teva references the landmark Supreme Court case of Atlantic Works v. Brady for an improved dredge boat design. The Supreme Court ultimately reversed the lower court’s decision upholding the patent and found instead that Brady’s claimed invention lacked novelty and did not constitute a patentable advance over the prior art.

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Invention Art Patent Designs 57

Larson & Larson

JANUARY 10, 2021

Patents were designed to protect inventions and ideas that are new and non-obvious. Ultimately, a patent is a form of intellectual property protection that gives the creator exclusive rights to legally market, sell, manufacture, and profit from the invention. A utility patent applies to a broad range of inventions.

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Inventor Patent Design Patent Invention 52

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!)

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Invention Art Designs Design 111

IIPRD

JUNE 13, 2024

Analyzing the convergence of AI and IPR laws, it elucidates the challenges and ambiguities in recognizing AI as inventors or creators. When artificial technologies are utilized for creating innovations, such as employing evolutionary algorithms for antenna design or engaging IBM Watson to produce music, IPR laws become relevant.

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Intellectual Property Inventor Invention Trademark 59

Patently-O

JULY 18, 2024

The court found the claim language itself shows the invention’s focus served the human-organizing purpose of “assist[ing] an investigator in conducting a background investigation,” and the individual claim steps were all focused on information handling at a technically generic level. .” Covalent, Inc. ,

Patent 62

Patent Invention Technology Inventor 62

SpicyIP

AUGUST 9, 2021

According to WIPO’s Revised Issues Paper on Intellectual Property Policy and Artificial Intelligence , AI-generated works refers to any inventions created by AI without any human intervention. ‘AI An important question that arises is can AI actually invent on its own?

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Invention Inventor IP Ownership 122

LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”).

Design Patent 52

Design Patent Designs Design Patent 52

Patently-O

JULY 13, 2021

Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. Not Prior Art : On appeal, the PTAB has reversed — finding that cited references are not prior art at all. Door-Master Corp.

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Inventor Art Designs Design 76

Patently-O

FEBRUARY 27, 2024

.” Before Graham and the 1952 Act, the courts had ground their obviousness analysis in the statutory requirement of “invention” and the Constitutional purpose to “promote the Progress.” The guidelines do not reference the US Constitution or any other Supreme Court cases besides Graham and KSR. .”

Art 120

Art Invention Patent Application Patent 120

Intepat

NOVEMBER 13, 2023

Women inventors are making significant strides, leaving an indelible mark on the world of innovation and intellectual property. Women & Patents Women have played a vital role in developing the Industry through their inventions. She had invented a Process for weaving straw with silk or thread.

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Inventor Patent Invention Intellectual Property 52

The IP Law Blog

JANUARY 18, 2024

A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” And with patents, the only protection arises when the USPTO issues a patent on an invention. The answer is what you might expect from a lawyer: “It depends.”

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Confidentiality Invention Business Artistic Work 113

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? They disclose useful technical information that can give readers a “stimulus” to perfect the invention and figure out how to make it work. Gernsback was also an inventor and serious scientific thinker in his own right. The answer is usually no, and for good reason.

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Patent Law Law Inventor Patent 94

Patently-O

APRIL 30, 2024

References must be sufficiently accessible, clear, and enabling to serve as legitimate evidence of what was previously known. Many of us learned a mantra that “a prior art reference is only good for what it discloses” — but in our expanding world of deep fakes, intentional and otherwise, is face value still worth much?

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Art Invention Patent Application Publishing 109

The IPKat

FEBRUARY 8, 2022

The cases and the referrals are concerned with the fundamental question of whether the EPO joint applicants approach is applicable to PCT(EP) applications (in the form of an EPO "PCT joint applicants approach"), particularly in cases where the named applicants for a PCT application are different for different designated states.

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Inventor Designs Design Patent Application 126

IP and Legal Filings

APRIL 18, 2023

The owner gets an exclusive right to use or sell for a specific time period as a legal right under the document which we refer throughout this paper as ‘patent’ The patent system is designed to encourage innovation by protecting the rights of inventors to their inventions. 3] In the case of V.B.

Inventor 52

Inventor Moral Rights Patent Invention 52

IPilogue

SEPTEMBER 28, 2021

Apotex ], I have decided to look at precedence from around the world where courts have contemplated recognizing artificial intelligence (AI) technology as an “inventor.” However, this 2002 decision did not define whether AI technology can be an inventor. The judge stated that DABUS is not the inventor and cannot be the inventor.

Technology 111

Technology Inventor Patent Patent Law 111

Patently-O

NOVEMBER 28, 2023

by Dennis Crouch The Patent Trial and Appeal Board recently designated as precedential a portion of its Penumbra v. RapidPulse decision in that provides important guidance on the use of a provisional patent application’s filing date for 102(a)(2) prior art under the America Invents Act. Penumbra, Inc. RapidPulse, Inc.

Art 48

Art Inventor Publishing Invention 48

LexBlog IP

AUGUST 19, 2021

Design Patent Nos. The ’646 and ’645 patents, which each claim “[t]he ornamental design for a gravity feed dispenser display, as shown and described. Most of the features in the drawings are shown in dashed lines, meaning that they are not part of the claimed design. Design Patent No.

Designs 52

Designs Design Inventor Design Patent 52

Patent Trademark Blog

APRIL 14, 2022

Yes for utility, and probably not for design. A design patent application has an approximately 86% chance of approval. In contrast, a typical design application may sail through an allowance without any Office Actions. Even if you think your invention is new, your utility patent app might get rejected for being obvious.

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Patent Application Patent Design Patent Art 52

Intepat

OCTOBER 13, 2023

Section 3 of the Patents Act, 1970 (the Act) puts forth the criteria of what does not fall under the ambit of “inventions”. In the same stride, the Act puts down various situations in which such a technical advancement would not be considered an invention. The second stage to this argument pertains to how to assess such an invention.

Invention 52

Invention Patent Technology Designs 52

Patently-O

JANUARY 19, 2024

While most of patents are attributable to both joint-inventors, some are only attributable to one or the other. Although it states that the invention rights “shall be the property” of the employer, it does not include any language spelling out an automatic assignment of rights. ” Brian Barnett. ” Brian Barnett.

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Inventor Ownership Contracts Intellectual Property 67

LexBlog IP

DECEMBER 21, 2023

This jolly invention lights up each branch individually, featuring a central bus wire nestled near the trunk, branching into 5 to 10 light circuits, each sporting 10 to 20 bulbs. 7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S. patent law.

Patent Drafting 52

Patent Drafting Patent Invention Inventor 52

SpicyIP

JULY 8, 2024

Case Summaries Cornell Research Foundation vs Assistant Controller Of Patents and Designs on 05 July, 2024 (Madras High Court) The appellant was aggrieved by the order passed by the respondent, rejecting its patent application. It argued that the D1 and D3 teaches away from the invention and D5 was not relevant for the present case.

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Invention Art Trademark Patent Application 59

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Introduction Software refers to a compilation of instructions, data, or programs designed to operate machinery and execute specific tasks. Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. It is given for 60 years.

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Intellectual Property Invention Artistic Work Copyright 67

Kashishipr

JANUARY 27, 2022

In a commercial application, this confidential information is generally referred to as Intellectual Property (IP), whereas the term may be used to refer to other sensitive information in the scenario of doctor-patient confidentiality, priest-penitent privilege, attorney-client privilege, and bank-client confidentiality.

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Business Confidentiality IP Intellectual Property 105

Dragons' Den

FEBRUARY 2, 2023

You just mentioned IP” First up in the Den, we had entrepreneur and inventor Michael Horsfall, asking for 45k in exchange for 10% of his Van Guardian business. This left me thinking about design protection. How can you protect fashion designs? Find out more about unregistered designs by visiting  our website.

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Designs Design Branding Brands 52

LexBlog IP

JANUARY 18, 2024

A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” And with patents, the only protection arises when the USPTO issues a patent on an invention. Again, it depends. What are you trying to protect? Under 35 U.S.C. §

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). A patent is territorial in nature. Conclusion.

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Patent Invention Patent Application Government 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period.

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Intellectual Property Cease and Desist Invention Branding 52

IIPRD

FEBRUARY 13, 2023

Intellectual property rights (hereinafter referred to as ‘IPR’) are the legal rights granted to the inventor or creator to safeguard his or her invention or production for a certain period of time. India is now the world’s second-largest telecommunications market, with 1.16

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Intellectual Property Technology Government Inventor 52

IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. The process of getting an invention Patent starts with Patentability Search, its also known as Novelty Search or Prior Art Search.

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Patent Invention Inventor Technology 52

Corsearch

AUGUST 24, 2023

Identify the type of infringement Facebook will remove listings and posts that infringe your intellectual property, covering five categories: counterfeits, copyright infringement, brand abuse (which includes other forms of trademark infringement), design infringement, and patent infringement.

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Branding Brands Branding Copyright Infringement 52