Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Guest Post by Meshandren Naidoo and Dr. Christian E. If these affairs are in order, the patent will summarily be granted by the CIPC.

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Invention Patent Inventor Intellectual Property 128

The IPKat

AUGUST 16, 2021

Late last month, South Africa's Companies and Intellectual Property Commission (CIPC) became the first Patent Office in the world to award a patent that names an artificial intelligence as the inventor of a product. a machine/device) to be named as the inventor in a patent application. Does "him" connote natural person solely?]

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Inventor Patent Application Invention Patent 79

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).

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Invention Inventor Patent Application Patent Law 124

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.

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Invention Inventor Art Patent Application 72

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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Inventor Invention Patent Application Designs 120

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

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Invention Inventor Patent Trademark 65

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. As discussed here , South Africa and Australia are the only jurisdictions where DABUS has been registered as an inventor.

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Invention Inventor Patent Registration 59

Patently-O

APRIL 28, 2022

In particular, the original specification must show ‘possession’ of the newly claimed invention. 132(a) (“No amendment shall introduce new matter into the disclosure of the invention.”). During prosecution, this is also captured under 35 U.S.C. 282 (as amended by AIA 2011).

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Inventor Invention Art Litigation 105

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).

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Art Litigation Inventor Publishing 124

IP Intelligence

OCTOBER 6, 2021

District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. The applications included a document through which DABUS had allegedly assigned all intellectual property rights in the claimed inventions to Thaler.

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Inventor Patent Application Invention Intellectual Property 105

Patently-O

JUNE 28, 2022

When the Patent Act of 1790 refers to inventors, it lists gender inclusive forms of “he, she, or they:” [The inventor(s) must] set[] forth, that he, she, or they , hath or have invented or discovered any useful art, manufacture, engine, machine, or device, or any improvement therein… Patent Act of 1790.

Patent Law 103

Patent Law Law Inventor Patent 103

Kashishipr

OCTOBER 13, 2021

Where it is a public sector entity, like a government initiative or a university, there is often the pressure of publishing and disseminating information at the earliest; whereas the private sector is usually free of such challenges, and major consideration is laid on the nature and value of the researched object or invention.

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Patent Application Patent Inventor Invention 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. Written by Sarren Muhil , Assessment interns @Intepat IP.

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Patent Patent Application Invention Intellectual Property 52

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.

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Invention Art Designs Design 111

Intellectual Property Law Blog

JULY 25, 2023

Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. During the meeting, Ragner showed documents detailing the manufacturing process of a collapsible hose and demonstrated a prototype of the hose.

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Inventor Designs Design Invention 130

The IPKat

OCTOBER 5, 2021

The AmeriKat instructing her computer overlord to come up with an invention which turns household objects into tuna Can machines be inventors? Over to Henry : "Background Dr Stephen Thaler is the inventor of an artificial intelligence machine called DABUS. DABUS made inventions. 13 states: "Mention of inventor. (1)

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Inventor Invention Intellectual Property Patent 93

Patently-O

MAY 31, 2023

This diverse gathering of scholars from fields as varied as management, technology, economics, finance, and public policy delved headlong into the intricate dynamics of invention and innovation policy. We discovered that while women are less likely to self-identify as inventors, both genders equally identify as problem-solvers.

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Inventor Invention Business Intellectual Property 105

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.

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Invention Patent Prosecution Inventor Ownership 130

IP and Legal Filings

AUGUST 8, 2024

It is a statutory right which was granted by the government of India and in return the inventor of the patent have to completely disclose their creation. This allows the others to gain knowledge of the others invention and develop in the future.

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Patent Invention Inventor Patent Application 97

Patently-O

SEPTEMBER 13, 2022

Now, Minerva has petitioned the Federal Circuit for an en banc rehearing on the following question: For purposes of determining whether assignor estoppel applies, how should a court determine an inventor’s representation of patent scope in a never-issued claim in the original patent application? Minerva Petition.

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Invention Inventor Patent Application Patent 61

Canadian Intellectual Property Blog

MARCH 2, 2021

For larger companies, budget is also a concern, but often it is also the time required of inventors to adequately document an invention disclosure and to work with a patent professional. Often, a patent inventor is also a company executive such as the CEO or CTO and their time is limited. What are the possible drawbacks?

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Invention Patent Inventor Intellectual Property 52

Intepat

JANUARY 17, 2023

A patent specification is a disclosure to the public at large regarding the invention as well as the scope of protection that would be granted to the invention. It provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection. Provisional Specification.

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Invention Patent Public Domain Inventor 52

IP and Legal Filings

JULY 8, 2022

A patent is an exclusive right granted to the inventor against his invention, which may be a product or a process for a new way of doing something, provided that the patent owner discloses the technical information related to his invention in the patent publication. Patents are governed by Royal Decree 82/2000. Patentability.

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Registration Patent Invention Inventor 85

Kashishipr

JANUARY 27, 2022

A Non-Disclosure Agreement (abbreviated as NDA) is a legal document signed to safeguard the previously-mentioned sensitive information. Assisting inventors to protect their patent rights – An NDA should protect the best interests of inventors of new products and technologies, specifically if the invention is publicly disclosed.

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Business Confidentiality IP Intellectual Property 105

LexBlog IP

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions.

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Invention Inventor Patent Application Patent 52

Patently-O

JUNE 12, 2023

2023), underscores the importance of adhering to the PTAB procedural requirements, particularly the prohibition against incorporating arguments by reference from one document into another during an IPR, as stipulated in 37 C.F.R. 3) Incorporation by reference; combined documents. Google LLC , — F.4th 4th — (Fed.

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Inventor Invention Art Patent 72

Patently-O

APRIL 30, 2024

Although documents are widely available today via our vast network of digital communications, there is also increasing junk in the system — documents making unsubstantiated claims that are effectively science fiction. That claim requires too much follow-on research work and so does not sufficiently disclose the invention.

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Art Invention Patent Application Publishing 111

Patently-O

JULY 13, 2021

Both documents and translations were submitted by a third party requester in a very unclear, grainy or pixelated manner and the text and details over the figures are very difficult to discern. There is simply no explanation or verification of the source, date or accessibility of the information presented on these documents.

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Inventor Art Designs Design 78

SpicyIP

JULY 2, 2021

We’re pleased to carry an announcement from LexisNexis Intellectual Property that LexisNexis Reed Tech will continue to provide patent data and document management services to the USPTO for the next 10 years. The continued demand for patents and trademarks underscores the ingenuity of American inventors and entrepreneurs.

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Intellectual Property Registering Trademarks Patent Application Inventor 105

Kashishipr

MAY 25, 2022

A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. One of the essential requirements to be met for obtaining Patent Protection is that of novelty, i.e., the invention in question must be unique around the world. Types of Patent Search.

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Patent Patent Application Inventor Invention 78

IP Watchdog

SEPTEMBER 15, 2022

Inventor organization US Inventor (USI) and Ron Katznelson—the author of a widely cited study detailing the link between Patent Trial and Appeal Board (PTAB) judges’ decisions and their compensation—have filed separate amicus briefs supporting New Vision Gaming and Development, Inc. in its most recent appeal to the U.S.

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Reporting Inventor Invention Government 59

The IPKat

AUGUST 4, 2024

Updated Guidance for AI inventions: Step 2A, Prong 1 Prong 1 of Step 2A asks whether the claim in question is directed to "a judicial exception". The Guidance first notes that claims to AI inventions will often involve "abstract ideas" such as mathematical concepts, methods of organising human activity or mental processes.

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Invention Inventor Patent Journalism 75

Patently-O

OCTOBER 16, 2023

As one family-member patent is about to issue (or be abandoned), the patentee makes sure to file a continuation application with a new set of patent claims and claiming priority back to the original filing documents. This was not a case of an inventor leading the industry to something new.

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Patent Patent Prosecution Invention Inventor 126

Larson & Larson

NOVEMBER 12, 2024

Track One Patent Applications: Accelerating Your Path to Patent Protection After nearly 15 years of shepherding inventors through the patent process, I’ve seen firsthand how crucial timing can be in protecting intellectual property. What is Track One?

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Patent Application Patent Marketing Marketing 40

Kashishipr

MAY 5, 2021

There are two sides to a coin, and therefore, while patent enforcing entities are always looked down on, there is another side to the story where they can do well to inventions – the extent of the same, however, stands questioned. Facts also suggest that 90 percent of these cases are decided in favor of the defendants.

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Patent Troll Patent Inventor Intellectual Property 98

Patently-O

NOVEMBER 17, 2023

And, the AIA limited 1-year grace period under 102(b)(2) would not apply since Teleflex did not first disclose the invention. Thus, Itou is prior art so long as it was filed prior to the Teleflex invention date. Proving Invention Date. This is the critical inception of the invention.

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Invention Inventor Art Patent Application 59

Patently-O

OCTOBER 5, 2021

Read the deadline extension documents: [link]. Like the dissenting judge on the panel, several of the opinions denying rehearing en banc faulted the panel majority for establishing a new “nothing more” test—if the claimed invention “clearly invokes a natural law, and nothing more, to accomplish a desired result”—for patent ineligibility.

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Patent Intellectual Property Invention Inventor 102