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.

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Invention Patent Inventor Intellectual Property 127

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 109

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.

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Invention Inventor Patent Application Patent Law 124

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

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Patent Law Law Inventor Patent 94

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?

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Patent Inventor Invention Intellectual Property 105

Patently-O

SEPTEMBER 13, 2022

The Supreme Court’s 2021 decision retained assignor estoppel as a cognizable patent law doctrine that can bar a former patent owner from later challenging the patent’s validity. ” The embodiments in the application all use a “moisture permeable” applicator head.

Invention 60

Invention Inventor Patent Application Patent 60

Biswajit Sarkar Copyright Blog

NOVEMBER 21, 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).

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Patent Invention Public Domain Patent Law 52

Intellectual Property Law Blog

MARCH 13, 2024

The Offices found: NFT technology and blockchain networks present new opportunities for trademark owners to build their brands, reach new consumers with interactive products and services, document the provenance of products, and manage trademark rights.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

IP Tech Blog

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term. underlining added).

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Licensing Patent Application Patent Prosecution Invention 67

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).

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Invention Confidentiality Privacy Public Use 59

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

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). Conclusion.

Patent 52

Patent Invention Patent Application Government 52

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

Intepat

MAY 22, 2023

The sine qua non of an invention is its conception. However, something more than conception is required for an invention to be ready for patenting. The first way, actual reduction to practice, is by actually building the invention so that it works and others can follow how it is built.

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Inventor Invention Patent Patent Application 52

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 52

Invention Confidentiality Privacy Public Use 52

LexBlog IP

MARCH 15, 2022

As a result, owners of Russian patents from the affected countries, including the United States, Canada, the United Kingdom, Japan, and the European Union, should not expect to be able to enforce their patent rights in Russia in the near term. ” (underlining added).

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Licensing Patent Application Patent Prosecution Invention 52

Patently-O

NOVEMBER 22, 2023

MPF claims are a particular type of claim in patent law that allows an inventor to claim an invention based on the function that it performs, rather than the specific structure or materials used. Functional claiming is a constant lure for patent drafters.

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Invention Patent Application Technology Patent 62

Patently-O

OCTOBER 16, 2023

The decision casts doubt on the viability of pending continuation applications over a long period, even absent any evident applicant delay — especially in situations where new claims are drafted in response to emerging technologies or market demands. What market developments have occurred since the original filing date?

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Patent Patent Prosecution Invention Inventor 125

LexBlog IP

SEPTEMBER 29, 2022

Chinese Utility models can provide an alternative to invention patents and supplement them too. Unlike invention patents, utility models are not examined. Most people incorrectly assume these “junk” patents are worthless because they are granted without any substantial examination.

Intellectual Property 52

Intellectual Property Invention Patent Application Art 52

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 Patent Applications. Thaler has filed for patent protection in multiple countries, listing DABUS as the inventor in each one.

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Inventor Patent Application Invention Intellectual Property 105

The IP Law Blog

JUNE 22, 2023

These patents share the same specification that “discloses two preferred embodiments: a voice-based web browser system and a voice-activated device controller.” The challenged patents are continuations of and claim priority to a patent application filed on February 4, 2000, and published as U.S. Patent Appl.

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Art Patent Patent Application Invention 98

Canadian Intellectual Property Blog

SEPTEMBER 16, 2020

Many prospective patentees often have unfounded reservations about patenting their inventions. The aim of this series of short articles is to debunk these common myths around patent protection. Does this mean that there is still a risk in publicly disclosing an invention before officially filing your patent?

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Patent Invention Patent Application Intellectual Property 52

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.

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Inventor Moral Rights Patent Invention 52

Patent Trademark Blog

DECEMBER 8, 2021

What can trigger the loss of patent rights is an inventor’s own public disclosure or sale of an invention. Revealing an invention to the public or selling it prior to filing a patent application will bar inventors from obtaining patent rights unless a grace period for a desired country applies.

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Inventor Patent Invention Patent Application 40

Patently-O

MAY 22, 2024

Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. The key issue was whether Dr. Core developed the patented invention “entirely on [his] own time” under his employment agreement. Dr. Core conceived of the invention while pursuing a Ph.D.

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Ownership Patent Invention Contracts 40

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. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

Patent 52

Patent Invention Inventor Technology 52

IP and Legal Filings

OCTOBER 26, 2021

Traditional medicinal knowledge can be defined as the knowledge, skills, and practices that are based on theories, documentations, and beliefs that are used for the prevention, diagnosis, or treatment of physical ailments by indigenous communities. Turmeric patent case. The relevance of traditional medicinal knowledge.

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Intellectual Property Journalism IP Invention 80

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? The US, the European Patent Office, and Australia all have considered this question. DABUS made inventions. 7 provides: "Right to apply for and obtain a patent. (1)

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Inventor Invention Intellectual Property Patent 93

LexBlog IP

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 Patent Applications. Thaler has filed for patent protection in multiple countries, listing DABUS as the inventor in each one.

Inventor 52

Inventor Patent Application Invention Intellectual Property 52

IP Intelligence

OCTOBER 5, 2021

On September 2, 2021, the United States 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 Patent Applications. It ruled that the “clear answer” is no. Procedural History. Global Fight.

Inventor 52

Inventor Patent Application Invention Intellectual Property 52

LexBlog IP

MARCH 13, 2024

The Offices found: NFT technology and blockchain networks present new opportunities for trademark owners to build their brands, reach new consumers with interactive products and services, document the provenance of products, and manage trademark rights.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

The IP Law Blog

JULY 20, 2023

Omega had asked Buergofol to identify every item of prior art and to produce all documents and things that could qualify as prior art to either of the two patents in suit. Omega moved to compel Buergofol to respond to discovery related to prior art and for attorneys’ fees.

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Art Invention Patent Patent Application 98

LexBlog IP

OCTOBER 5, 2021

The Patent Applications. Dr. Thaler listed DABUS as the inventor on two patent applications, one for a light beacon and one for a beverage container, which he filed with the USPTO. After its initial review of the Applications, the USPTO issued plaintiff a “Notice to File Missing Parts” based on Dr. .”

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Inventor Patent Application Invention Intellectual Property 52

SpicyIP

JULY 22, 2023

In this post, developed along the lines of a literature review cum blogpost, Yashna Walia has looked through the various government policy documents on AI to see what they have to say about IP! The document highlights that “AI systems are susceptible to attack such as manipulation of data being used to train the AI…etc.” Arul Scaria).

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IP Intellectual Property Reporting Government 91

IP and Legal Filings

MARCH 27, 2024

of violating their patents related to the development of “enhanced internal combustion engine technology”. Utilizing the invention or technology outlined in the patents owned by the plaintiffs; and 2.The Motor Company Ltd.) The plaintiffs are requesting a permanent injunction as a remedy[1].

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Invention Patent Patent Infringement Technology 68

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.

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Journalism Invention Art Patent 60

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

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Patent Patent Application Government Designs 52