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.

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Invention Inventor Patent Intellectual Property 126

Patent Trademark Blog

MAY 10, 2023

What is the purpose of a provisional patent application? To know how to write a provisional patent application (PPA) well, you must first understand its purpose. If the disclosure in your provisional is scant, then your provisional application will not be worth much from a legal perspective. Absolutely.

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Patent Application Patent Invention Design Patent 97

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.

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Patent Application Patent Design Designs 98

IP Watchdog

DECEMBER 6, 2021

While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos. patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application.

Invention 122

Invention Inventor Patent Application Design 122

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? What exactly is a patent publication?

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Design Patent Patent Application Publishing Design 52

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.

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Invention Inventor Patent Patent Application 109

Patently-O

MAY 24, 2024

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.

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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? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

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Design Patent Design Designs Patent Application 98

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.

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Patent Application Patent Inventor Invention 130

SpicyIP

MARCH 24, 2025

The Controller had rejected a patent application by Arcturus Therapeutics for the applicants inability to file its second written submission on time. ” The Patent Office refused the application solely on procedural grounds, citing a delay in filing additional written submissions. In Blackberry Limited v.

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Patent Patent Application Invention Design 59

IPilogue

SEPTEMBER 15, 2022

2021-2022 was a big year for the Osgoode’s mooting team entry for the USPTO National Patent Application Drafting Competition. We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! About the National Patent Application Drafting Competition.

Patent Application 81

Patent Application Patent Patent Drafting Invention 81

The IPKat

JULY 11, 2022

The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ). The patent applications purportedly relate to the inventions of an AI ("DABUS").

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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.

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Design Patent Design Designs 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. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

Design Patent 98

Design Patent Design Designs 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. This is referred to as a proposed new ‘patent disclosure requirement’. plants, animals, and microorganisms), and knowledge systems.

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Design Designs Intellectual Property Licensing 119

SpicyIP

NOVEMBER 11, 2024

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.

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Personality Rights Trademark Social Media Patent Law 104

Patent Trademark Blog

MARCH 16, 2022

What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. A broader patent gives the owner greater rights to stop the competition from copying the patented design.

Design Patent 98

Design Patent Design Designs Patent 98

IPilogue

OCTOBER 12, 2021

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! Originally created in 2014 as a midwest competition, the Competition is today a national inter-law school competition designed to introduce law students to issues arising in United States patent law.

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Patent Application Patent Drafting Patent Invention 78

IPilogue

OCTOBER 21, 2021

This is a reminder that submissions to try out for the annual National Patent Application Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .

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Patent Application Patent Drafting Patent Invention 81

Patently-O

NOVEMBER 17, 2022

The chart below highlights an important trend in patenting: increased joint-inventorship where the inventors reside in different countries. The top (blue-circle) series looks generally at cross-border joint-inventing while the lower (orange-square) series reports a subset where at least one of the inventors has a US residence.

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Invention Inventor Patent Application Reporting 75

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.

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Invention Art Patent Design 90

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? With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. Patent Appl. Therefore, the USPTO found the Patent Act would not allow AI machines to be inventors.

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Inventor Invention Patent Patent Application 96

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.

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Inventor Intellectual Property Invention Patent Application 124

SpicyIP

OCTOBER 21, 2024

Other Posts Labrats, Patents, and Section 3(i): Madras High Court Grants Patent for Antibody Production in Genetically Modified Non-human Animals Recently, the Madras High Court delivered a noteworthy ruling in Kymab Limited v. Making Tall Claims: Amendments u/s.

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Cease and Desist Trademark Registering Trademarks Settlement 105

The IPKat

AUGUST 16, 2021

In each of these jurisdictions, the question was whether the relevant patent laws may be interpreted as permitting an AI system (i.e. a machine/device) to be named as the inventor in a patent application. This leads back to how South Africa’s patent laws intends inventors to be named in the filing of patent applications.

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Inventor Patent Application Invention Patent 79

JD Supra Law

JUNE 28, 2022

the Federal Circuit held that a catheter insertion design patent was invalid because the claimed design was offered for sale more than a year before the design patent application was filed. In Junker v. Medical Components, Inc.,

Invention 98

Invention Design Patent Contracts Patent Application 98

Patently-O

MARCH 11, 2024

The second half of the post is what all patent prosecutors need to read because it delves into “magic language” – binding statements – in describing the invention. = = = Let’s start with eligibility of the ‘443 patent. ” Lets look at the claims here for a moment.

Patent Application 75

Patent Application Advertising Advertising Patent 75

The TTABlog

AUGUST 30, 2021

The Board upheld a Section 2(e)(5) refusal to register the design of the Eames chair (shown below) for "furniture, namely chairs," finding the configuration to be de jure functional. The well known Eames chair was designed in the 1940s and was recognized by Time magazine as the Best Design of the 20th Century.

Design 98

Design Designs Advertising Advertising 98

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 Design 84

SpicyIP

MARCH 4, 2025

The Controller of Patents & Designs ( pdf ). The case involved an appeal against the order dated March 13, 2023, which had dismissed Patent Application No. But how the court has undertaken the analysis and upheld the Controllers order for rejection of the patent is rather interesting.

Invention 52

Invention Patent Application Patent Intellectual Property 52

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

The IPKat

DECEMBER 27, 2021

Just a few days before Holidays season, the Legal Board of Appeal announced its ruling in the cases J 8/20 and J 9/20, thus confirming the decisions of the Receiving Section of the European Patent Office, both of which has refused the DABUS applications EP 18 275 163 and EP 18 275 174.

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Inventor Patent Application Invention Design 122

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

MAY 10, 2023

Justice Singh further writes about the preferred appeals against the rejection orders wherein the Controller’s analysis on “inventive step” was not clear, and about the cases where re-grant oppositions were disposed of within an extremely short span of time. Deputy Controller of Patents and Designs , Auckland Uniservices Limited v.

Trademark 126

Trademark Invention Patent Art 126

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).

Design 117

Design Designs Patent Invention 117

IP Watchdog

SEPTEMBER 7, 2021

DABUS generated outputs corresponding to (1) a fractal design for food container surfaces that may help prevent stacked containers from sticking together and (2) a technique for controlling the timing of flashing warning lights to help attract attention.

Inventor 117

Inventor Patent Invention Patent Application 117

SpicyIP

DECEMBER 22, 2022

The Delhi Court rebuked the incomprehensible reasoning of the Assistant Controller of Patents & Designs: The incomprehensibility of judgments is not a new issue , and the Supreme Court has even given some tips for judgment writing recently. It compromises, seriously, even the inventive integrity of the applicant-inventor.”

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Invention Patent Application Design Designs 130