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

Patently-O

AUGUST 13, 2021

The 1836 Patent Act added the caveat that no patent should issue on an invention previously “described in any printed publication.” A new petition asks the court to examine the phrase again and help define when a document crosses the publication threshold. 102(a)(1). 21-193 (Supreme Court 2021). Read the Petition here ].

Confidentiality 92

Confidentiality Advertising Advertising Invention 92

Intellectual Property Law Blog

FEBRUARY 21, 2024

patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention. With the advent of such AI-assisted inventions, the USPTO is rethinking its requirements regarding the duty of disclosure. Everyone involved in the filing and prosecution of a U.S.

Invention 130

Invention Inventor Patent Application Patent 130

The IPKat

OCTOBER 31, 2023

The recent decision in T 0258/21 , by contrast, is the first interpretation of G 2/21 leading to a finding of a lack of inventive step in view of an inadequate disclosure of the purported technical effect. However, T 0258/21 related to subject matter for which the EPO has always required additional evidence.

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Invention Art Publishing Patent Application 122

The IPKat

AUGUST 10, 2021

A Board of Appeal is about to refer questions to the Enlarged Board of Appeal (EBA) on the ability of a patentee to rely on post-published evidence to support the inventive step of a claim, and particularly to support the plausibility that the technical problem has been solved over the full scope of the claim.

Invention 116

Invention Publishing Patent Application Patent 116

SpicyIP

OCTOBER 21, 2024

Patenting at the Frontiers, Algorithms and Section 3(k) Taking the discussion on Section 3(k) and algorithms forward, Bharathwaj Ramakrishnan writes on the Court’s new test for inventions incorporating algorithms and explores what exactly is the distinction between Computer Programmes and Algorithms. Making Tall Claims: Amendments u/s.

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Cease and Desist Trademark Registering Trademarks Settlement 105

The IPKat

FEBRUARY 21, 2023

A recent decision from the Board of Appeal ( T 1303/18 ) confirmed the high bar of a "clear and unambiguous disclosure" of the claimed subject matter in the priority document is necessary for a valid priority claim. The opponent argued that claim 1 as granted was not entitled to this priority date.

Patent Application 91

Patent Application Invention Patent Prosecution Patent 91

The IPKat

AUGUST 4, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

Invention 98

Invention Art Patent Reporting 98

Patently-O

AUGUST 4, 2021

Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Like the ‘conception’ test in American patent law – the object of the test is to determine the identity of the ‘devisor’ of the invention.

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Invention Patent Inventor Intellectual Property 128

JD Supra Law

JULY 19, 2024

An invention disclosure form is a document used to capture detailed information about a new invention or discovery. The first step in the patent application process, the form plays a crucial role in protecting intellectual property.

Invention 62

Invention Intellectual Property Patent Application Marketing 62

Patently-O

JULY 18, 2022

.” Since the particular techniques used to obtain and analyze the cfDNA were all conventional, the court concluded that nothing in the claims transformed their nature into a patent-eligible invention. The claims here are equally as ineligible as those in Ariosa. At best, preexisting techniques worked only in a small subset of cases.

Patent 84

Patent Invention Art Technology 84

The IPKat

JANUARY 19, 2025

In this decision, the Board of Appeal upheld Inhibrx's European patent EP2812443 directed to a genus of anti-CD47 antibodies defined by their epitope binding and functional characteristics, finding both sufficient disclosure and inventive step. The decision also provides some useful guidance on establishing inventive step for epitope claims.

Invention 75

Invention Patent Art Patent Application 75

Patently-O

MAY 25, 2023

These patents, US Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379, cover inventions devised to offer an “enhanced backup support” in contrast to using a guide catheter individually. In an attempt to invalidate these patents, Medtronic launched a succession of Inter Partes Review (IPR) petitions.

Invention 72

Invention Inventor Art Patent Application 72

JD Supra Law

DECEMBER 14, 2023

New York state recently amended Labor Law Section 203-f, codifying a hurdle for employers who seek to claim ownership over an employee's inventions. invention assignment or employment agreements), so the unfettered “all the work you do we own” provisions that are very common in such documents. By: Fox Rothschild LLP

Ownership 68

Ownership Invention Law Contracts 68

JD Supra Law

JULY 18, 2024

The United States Patent and Trademark Office (USPTO) has issued a new guidance document that is intended to help identify when a process or system that uses artificial intelligence (AI) tools may be eligible for patenting. By: Fox Rothschild LLP

Invention 65

Invention Inventor Patent Trademark 65

JD Supra Law

MARCH 4, 2024

The US Patent and Trademark Office (USPTO) recently issued what it labeled as Inventorship Guidance for AI-Assisted Inventions [Docket No. Despite its name, the document provides little in the way of certainty that one could not garner from reviewing recent precedent addressing the issue of artificial intelligence (AI) inventions.

Invention 68

Invention Trademark Law Patent 68

IP Watchdog

JULY 21, 2024

With exquisitely bad timing, the National Institutes of Heath (NIH) floated a new policy governing licensing inventions made by its scientists subtitled “Promoting Equity in Access Planning.”. The document asks for public comments by July 22, 2024.

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Licensing Invention Government Technology 105

The IPKat

JUNE 13, 2024

The cover article of the May 2024 edition of the CIPA Journal proposed a new test for inventive step using AI. The CIPA journal article proposes to use an AI derived measurement of semantic similarity between the claims and the prior art as a new test for inventive step.

Journalism 64

Journalism Invention Art Patent 64

IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). These applications would not be subject to the provisions of the AIA unless the application contained a claim that did not properly find support in the pre-AIA priority document(s).

Invention 124

Invention Inventor Patent Application Patent Law 124

SpicyIP

DECEMBER 22, 2023

[ On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development. Vedika is a third-year B.A.LL.B. student at National Law University, Delhi.

Invention 59

Invention Inventor Patent Registration 59

SpicyIP

APRIL 30, 2024

This post attempts to critically analyse the relevance of difference in the purported function of the invention and prior art to determine non-obviousness in identifying the inventive step. ” The invention aimed to simplify the communication of sensor data to applications by converting raw sensor data into lightweight messages.

Invention 111

Invention Art Design Designs 111

The IPKat

JULY 18, 2024

The UPC Central Division also takes a strong stance on the patentability of therapeutic antibody inventions in Europe. The decision of the UPC confirms that the US and European approaches to antibody inventions are diametrically opposed. The decision is not just remarkable for being the first decision of its kind.

Invention 69

Invention Art Patent Patent Law 69

SpicyIP

JULY 22, 2024

The rejection had been based on the invention being “contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment” under Section 3(b) of the Indian Patent Act, 1970. Understanding Why the Patent Application Went Up in Flames The patent application (no. Mitra And Co.

Invention 110

Invention Patent Patent Application Government 110

SpicyIP

AUGUST 27, 2024

The Application was rejected on two grounds: lack of inventive step under Section 2(1)(ja ) and non-patentability under Section 3(e) of the Patents Act, 1970 as mentioned in the Controller’s decision ( pdf ). Kyorin contested that certain prior art documents were divergent and others irrelevant. 5360/CHENP/2010). 4689/CHENP/2010).

Patent 105

Patent Art Invention Patent Application 105

Intepat

DECEMBER 25, 2024

Expanded Grounds for Post-Grant Amendments Flexibility with Divisional Applications: Under the new rules, divisional applications can now be filed for any invention disclosed in the provisional or complete specification of the parent application, not just the claims.

Patent 52

Patent Patent Application Invention Intellectual Property 52

Patently-O

AUGUST 17, 2021

Ironburg Inventions ( Fed. Authentication : Before relying upon a documented evidence, it must first be authenticated — a showing that the document “is what the proponent claims it is.” the prior art disclosures of these documents are the same. by Dennis Crouch. Valve Corp. ” Fed. 10, June 2020).

Art 124

Art Inventor Litigation Publishing 124

The IPKat

JANUARY 16, 2025

The Opponent, Avl List GmbH, challenged the patent's validity based on several grounds, including prior public use as evidenced by a user manual describing the invention. The OD had found the user manual not to be prior art, and so had not fully considered the novelty and inventive step of the claim invention in view of the manual.

Confidentiality 64

Confidentiality Invention Art Patent 64

The IPKat

APRIL 6, 2022

The prior art cited against the inventive step of the claim disclosed the sequence of an anti-NKG2A antibody. The Board of Appeal was convinced that a skilled person would thus not have been motivated by this prior art document to produce antibodies that only bound NKG2A. What happened in the US?

Art 131

Art Invention Patent Law 131

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.

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Inventor Invention Design Designs 78

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 Design 143

IP.com

JULY 18, 2022

While the quality of your invention no doubt contributes to writing a successful patent, so does the quality of your application. But like any legal document, this means checking off. The post Get Your Patent Application Right the First Time appeared first on IP.com - IP Innovation and Analytics.

Patent Application 98

Patent Application Patent Invention IP 98

The IPKat

FEBRUARY 22, 2025

Inventive step of manufacturing The main issue on appeal was whether the use of SPy intermediate was obvious. The closest prior art identified for inventive step by the Board of Appeal was the composition of matter (CoM) case for AMG 416 ( WO 2011/014707 ). The appeal was therefore dismissed and the patent maintained as granted.

IP 64

IP Invention Art Design 64

SpicyIP

OCTOBER 14, 2024

The Court sided with the plaintiff company, and directed the respondents to furnish all the documents sought by the petitioner. on 4 October 2024 (Madras High Court) The petitioner sought revocation of a patent held by the defendant for a method of synthesizing optically pure chiral β-amino alcohols, citing lack of novelty and inventive step.

Trademark 105

Trademark Registering Trademarks IP Copyright 105

Patently-O

MARCH 21, 2023

We are are now at a point where it is easy to see an AI tool creating inventive output. And, even if recognition of the invention is fundamental to the inventing process, the AI tools certainly provide sufficient contribution to be considered for joint inventorship. who invented or discovered the subject matter of the invention.”

Inventor 122

Inventor Invention Patent Art 122

JD Supra Law

JUNE 16, 2022

In the weeks preceding a recent Hatch-Waxman bench trial, a district court excluded portions of an expert’s opinion on obviousness that addressed internal documents and inventor testimony concerning the “inventors’ path” to arriving at the invention, finding that such portions of the opinion amounted to impermissible hindsight. .

Inventor 97

Inventor Invention 97

Intellectual Property Law Blog

DECEMBER 14, 2023

During the supplemental examination, Malvern cited seven office action documents from the ’782 patent prosecution in an IDS and introduced two declarations by the co-inventor Rochalski. Specifically, the Federal Circuit considered the plain and ordinary meaning of the term to a skilled artisan at the time of the invention.

Invention 130

Invention Patent Prosecution Inventor Ownership 130

IP and Legal Filings

DECEMBER 1, 2021

An invention relating either to a product or process that is new, involving an inventive step, and capable of industrial application can be patented.Provided the invention is not falling under the categories of inventions that are non-patentable under sections 3 and 4 of the Patent Act. Image Source: gettyimage].

Invention 98

Invention Patent Art Public Domain 98