The IPKat

OCTOBER 31, 2023

Boards of Appeal have interpreted G 2/21 as permitting patentees to rely on technical effects for which the application as filed is completely silent ( IPKat , IPKat ). The decision in T 0258/21 is therefore not surprising, and confirms that whilst G 2/21 is broadly favourable to patentees, it does not permit armchair inventing.

Invention 117

Invention Art Publishing Patent Application 117

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.

Invention 125

Invention Inventor Patent Intellectual Property 125

Patently-O

MAY 25, 2023

2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide catheter used in interventional cardiology procedures. In an attempt to invalidate these patents, Medtronic launched a succession of Inter Partes Review (IPR) petitions. Patent 7,736,355 (“Itou”) could be regarded as prior art.

Invention 70

Invention Inventor Art Patent Application 70

Patent Trademark Blog

FEBRUARY 15, 2022

What makes for a good utility patent application? Is a good patent application one that avoids rejections ? What if I were to tell you that a utility nonprovisional patent application that gets allowed easily might not always be a good thing? Reading a long legal document to help you fall asleep.

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Patent Application Patent Invention Art 52

IPilogue

OCTOBER 12, 2021

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise by 3 pm on Friday, October 22, 2021. Invention statements will be released to teams on November 1, 2021.

Patent Application 78

Patent Application Patent Drafting Patent Invention 78

LexBlog IP

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. the Office is aware of and evaluates the teachings of all information material to patentability.”

Invention 52

Invention Inventor Patent Application Patent 52

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. .

Patent Application 81

Patent Application Patent Drafting Patent Invention 81

SpicyIP

JULY 4, 2024

Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application! Despite the withdrawal of the appellant’s patent application, it was wrongfully published.

Art 105

Art Publishing Patent Application Invention 105

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. However, in the patent realm, the USPTO also believes that "inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity".

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Inventor Invention Designs Design 73

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 111

Invention Publishing Patent Application Patent 111

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. It follows then that such PCT applications are to be made in accordance with the PCT and Regulations under the PCT.

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Inventor Patent Application Patent Invention 103

Patent Trademark Blog

FEBRUARY 15, 2022

Do you need a design or utility patent application? If the appearance (how it looks) is what matters, then a design patent application may be the right type of patent application. If the unique features of your concept are functional or structural, then consider filing a utility patent application.

Patent Application 52

Patent Application Patent Invention Designs 52

Larson & Larson

NOVEMBER 30, 2022

Crafting a patent application is a key step in helping to ensure that your business is safe from outside competition. In this post, we’ll take a deep dive into what goes into drafting a patent application and how to make the most of your efforts while doing so. What can and cannot be patented. Let’s get started!

Patent Application 40

Patent Application Patent Invention Business 40

Patently-O

JULY 18, 2022

2022) should cause patent attorneys to pause once again as they draft patent applications and consider any characterizations of the technology as “conventional”; “well known”; or even “known in the art.” ‘607 Patent, Col 5, line 55. Natera, Inc. , — 4th — (Fed.

Patent 83

Patent Invention Technology Art 83

Patently-O

SEPTEMBER 29, 2022

Here, that “intrinsic record” is the patent document and the “Rule 12 record” is the complaint. In its amended complaint, the patentee alleged two “inventive concepts.” In addition, the patent application itself treats these features as important improvements to content distribution systems.

Invention 58

Invention Art Patent Patent Application 58

Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application.

Patent Application 53

Patent Application Editing Patent Design Patent 53

IP and Legal Filings

AUGUST 8, 2024

This allows the others to gain knowledge of the others invention and develop in the future. The patentee has exclusive rights over their invention for a particular period of time, that is 20 years in India. This represent that the patentee has the power to control the uses, makes, imports or sells of their invention.

Patent 74

Patent Invention Inventor Patent Application 74

Patent Trademark Blog

FEBRUARY 15, 2022

What makes for a good utility patent application? Is a good patent application one that avoids rejections ? What if I were to tell you that a utility nonprovisional patent application that gets allowed easily might not always be a good thing? Need to file a patent application? Of course not.

Patent Application 40

Patent Application Patent Invention Art 40

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.

Art 109

Art Invention Patent Application Publishing 109

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. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications. Stephen Thaler and Prof.

Invention 127

Invention Patent Inventor Intellectual Property 127

Patent Trademark Blog

SEPTEMBER 23, 2021

Claims vs. Description of the Invention. A utility patent is not a simple thing to understand. In a typical utility patent, you’ll see a bunch of drawings labeled as Figures and paragraphs of text. Towards the end of the document, a section entitled Claims appears with numbered paragraphs.

Invention 40

Invention Patent Application Art Patent 40

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.

Invention 60

Invention Inventor Patent Application Patent 60

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?

Invention 52

Invention Patent Inventor 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.

Invention 97

Invention Art Designs Design 97

Garrigues Blog

OCTOBER 17, 2023

The Enlarged Board of Appeal of the European Patent Office (EPO) has accepted the possibility of submitting new evidence of the inventive step of a patent application or patent that has been granted during the grant and opposition procedures. We analyze the key aspects of this important decision below.

Invention 52

Invention Patent Application Patent Publishing 52

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). Not surprisingly, there were a number of patent applications filed that bridged the March 16, 2013 AIA effective date.

Invention 124

Invention Inventor Patent Application Patent Law 124

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. patents and patent applications.

Inventor 117

Inventor Invention Patent Application Designs 117

Intepat

JUNE 18, 2024

In the National Phase of the PCT Application there is no option for the applicant to automatically avail the examination of the Application. The Patent Application will only be examined only when the applicant or any other interested person makes a request for such an examination.

Patent Application 52

Patent Application Government Publishing Patent 52

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. What is patent? Who can file a patent application?

Patent 105

Patent Inventor Invention Intellectual Property 105

SpicyIP

MAY 16, 2024

However, I’d like to point out that with so many remands (see here and here ) from High Courts back to the Patent Office in the recent past for being non speaking and cryptic, this order is surely a template for how simple, crisp decisions granting or rejecting a patent can be.

Invention 59

Invention Patent Application Patent Blogging 59

Biswajit Sarkar Copyright Blog

OCTOBER 11, 2023

In the realm of patents, the most common and important task is drafting patent applications, prosecution, specifications, and claims. One of the concerns involving their use in preparing patent applications is the accuracy and completeness of the generated invention descriptions.

Patent 98

Patent Patent Application Patent Drafting Invention 98

The IPKat

OCTOBER 24, 2022

A recent case from the Boards of Appeal ( T 1349/19 ) rejected a lack of inventive step argument that the skilled person would follow an obvious series of steps at arrive at the invention. The case provides some clear language rejecting taking an approach to inventive step that is based on knowledge of the destination.

Invention 40

Invention Art Patent Application Patent 40

The IPKat

SEPTEMBER 29, 2023

The ever-present question for IP in certain technical fields is how much data is needed to support a patent application. However, in some cases, the amount of data needed to overcome this doubt to support a patent application may still be surprisingly minimal. 34) ( Cf.

Invention 110

Invention Art Patent Application Law 110

Trading Secrets

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

SpicyIP

JANUARY 17, 2024

Ideally, it is the responsibility of the Patent Office to check that every applicant wishing to obtain a patent registration is complying with the mandated rules and procedural formalities, and in case there are any lapses, the office must take appropriate measures.

Patent Prosecution 64

Patent Prosecution Patent Invention Copying 64

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. But, these applications are all pre-AIA. In this situation, Medtronic wants Itou to qualify as prior art as of its application filing date. Proving Invention Date.

Invention 57

Invention Inventor Art Patent Application 57

LexBlog IP

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59