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

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 96

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. student at National Law University, Delhi. SpicyIP intern Vedika discusses this development. Vedika is a third-year B.A.LL.B.

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Invention Inventor Patent Registration 59

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 64

SpicyIP

AUGUST 27, 2024

Assistant Controller Of Patents , where the patent application pertains to a claim of an “orally rapidly disintegrating tablet comprising imidafenacin”, thereby having the advantage of being easily administered to elderly people and children (application no. 5364/CHENP/2010 had been granted Patent No. 5360/CHENP/2010).

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Patent Art Invention Patent Application 105

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.

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Invention Art Patent Patent Law 69

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 78

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

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 patent document is clearly directed toward the permeable portion as a key aspect of the invention.

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Invention Inventor Patent Application Patent 61

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

Patently-O

OCTOBER 16, 2023

Although claim fluidity remains an integral principle in patent law, Sonos adds considerable viscosity to the practice. 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.

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Patent Patent Prosecution Invention Inventor 126

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.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

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

IPilogue

SEPTEMBER 15, 2022

Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise by 3 pm on Friday, September 23, 2022. Please send your answers in a Word document with your name in the file name to iposgoode@osgoode.yorku.ca. Invention statements will be released to teams in early November 2022.

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Patent Application Patent Patent Drafting Invention 81

IPilogue

OCTOBER 21, 2021

Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise in a Word document with your name in the file name to iposgoode@osgoode.yorku.ca. Invention statements will be released to teams on November 1, 2021. Team patent applications will be due on January 16, 2022.

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Patent Application Patent Drafting Patent Invention 81

SpicyIP

MARCH 9, 2025

Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law in the Indian context. Patent Office orders have partially answered what it means to wrongfully obtain a patent but are inconsistent in adjudicating wrongful obtainment claims.

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Trademark Patent Copyright Patent Application 59

SpicyIP

JULY 4, 2024

A brief into the facts of the case: This is an appeal for challenging the rejection of a patent application for an invention titled “Method and System for Providing Effective Generation and Delivery of Interactive Online Digital Content”. Section 29(2)(a) of the Indian Patents Act, 1970 , includes an element of “consent.”

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Art Publishing Patent Application Invention 105

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 98

The IP Law Blog

JULY 1, 2021

Patents protect inventions. However, patents protect only certain inventions. In order to be patentable, an invention must fall within one of four categories of patent-eligible subject matter: articles of manufacture, machines, processes, and compositions of matter. CLS Bank International , 573 U.S.

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Patent Invention Copying Editing 95

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

IPilogue

OCTOBER 12, 2021

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. Please send your answers in a Word document with your name in the file name to iposgoode@osgoode.yorku.ca. Invention statements will be released to teams on November 1, 2021.

Patent Application 78

Patent Application Patent Drafting Patent Invention 78

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

IP Intelligence

OCTOBER 6, 2021

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 United States Patent and Trademark Office (USPTO). Thaler has filed for patent protection in multiple countries, listing DABUS as the inventor in each one. Procedural History.

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Inventor Patent Application Invention Intellectual Property 105

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

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). 2(1) (ac)].

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Patent Invention Public Domain Patent Law 52

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

The IP Law Blog

JANUARY 12, 2023

A company should always be aware of any new inventions under development, and it is good practice to investigate the status of any inventions developed by company employees during the past year. Such inventions may be protectable under federal patent laws.

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IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). Nowadays, electronic filing has become the norm and the 15-day postal rule is removed in respect of any documents that are electronically transmitted by the patent office.

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Patent Invention Patent Law Designs 52

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2022

As stated in the previous blog on Patentability in India, Novelty is one of the essential criteria required for a patent to be granted in India. Novelty means that the invention must be new or novel and must not have been anticipated by any published document in the world. a) Prior Publication [Section 29(1), the Act].

Art 52

Art Invention Public Domain Publishing 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

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

Patently-O

JANUARY 10, 2023

What Every Patent and Trademark Lawyer Should Understand About the MPEP, TMEP, and Other Guidance: How to Use (and Defend Against) the MPEP to be a Better Advocate, by David Boundy – Boundy.2021.HowToUseGuidance.pdf. Every four years, the PTO issues new guidance documents. Prior Patently-O Patent L.J. Tran & J.

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Journalism Trademark Patent Patent Law 56

The IP Law Blog

JUNE 22, 2023

First, the Federal Circuit considered whether the PTAB erred in declining to consider the arguments and evidence that Parus incorporated by reference in arguing that the challenged inventions predated Kovatch. a)(3), which states, “Arguments must not be incorporated by reference from one document into another document.”

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Art Patent Patent Application Invention 98

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 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

SpicyIP

JANUARY 18, 2023

A team from the Centre for Intellectual Property, Innovation and Technology at Hidayatullah National Law University recently released a monograph titled ‘A Study of Patent Opposition System’, available here (PDF). The main monograph forms the first 32 pages of the 180-page document.

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Patent Application Reporting Public Domain Patent 141

Patently-O

JULY 27, 2022

Professor Holman concludes that the Stanford inventions were doomed from the start because they can be labelled as “molecular diagnostics methods” and are thus patent ineligible under Federal Circuit law. It would limit the patentability of new inventions in an entire scientific discipline merely based on a label.

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Invention Art Patent Law 63