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].

Patent Law 95

Patent Law Law Inventor Patent 95

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. If these affairs are in order, the patent will summarily be granted by the CIPC. Does substantive South African patent law preclude AI inventorship?

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Invention Patent Inventor Intellectual Property 128

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 Design 52

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.

Invention 61

Invention Inventor Patent Application Patent 61

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 110

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

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

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

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)].

Patent 52

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.

Invention 70

Invention Inventor Patent Journalism 70

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

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

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.”

Art 105

Art Publishing Patent Application Invention 105

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.

Invention 58

Invention Inventor Art Patent Application 58

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.

Journalism 55

Journalism Trademark Patent Patent Law 55

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 Patent Invention 103

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.

Patent Application 81

Patent Application Patent Patent Drafting Invention 81

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

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

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.

Patent Application 81

Patent Application Patent Drafting Patent Invention 81

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

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.

Inventor 52

Inventor Invention Patent Patent Application 52

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

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.

Invention 63

Invention Patent Application Technology Patent 63

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).

Licensing 52

Licensing Patent Application Patent Prosecution Invention 52

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

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 62

Patently-O

MARCH 28, 2024

The court’s ruling emphasizes that the mere existence of prior art elements is not sufficient to render a claimed invention obvious; rather, there must be a clear reason or rationale for a person of ordinary skill in the art to combine those elements in the claimed manner. In KSR Int’l Co. Teleflex Inc. , Belden Inc.

Art 58

Art Invention Patent Patent Law 58

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

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

The IPKat

SEPTEMBER 3, 2024

First, EP 873 was held prima facie invalid based on a lack of inventiveness. However, Mylan also relied on the fact that EP 2 137 537, the parent patent of EP 873, had been revoked for lack of inventive step by the Opposition Division of the EPO. But patience is rewarded.

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Litigation Law Patent Invention 60

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

The IPKat

JUNE 2, 2024

The recent Board of Appeal case T 0209/22 is yet another decision demonstrating the relatively permissive approach in Europe to medical use inventions. The patent related to the medical use of a combination of known drugs. The patent did not include any patient data for the drug combination.

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Invention Art Patent Law 56

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 83

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

JUNE 29, 2024

This omission drew significant attention, and when asked for comments, a BBIL spokesperson told The Hindu that their patent covers only the “process development” for making Covaxin, which includes an adjuvant licensed from ViroVax in Kansas. According to the Patent Rules, there is a 48-month window to request an examination.

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Patent Application Inventor Patent Intellectual Property 64