IP Watchdog

DECEMBER 6, 2021

While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos. patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application.

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Invention Inventor Patent Application Designs 122

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 128

Invention Patent Inventor Intellectual Property 128

IIPRD

JANUARY 7, 2025

AI and the Global IP System We need a worldwide intellectual property (IP) structure that encourages innovation and invention if we are to benefit from generative AI. Specifically, artificial intelligence (AI) technologies have opened up new avenues for invention that only minimally entail human intervention.

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IP Intellectual Property Invention Inventor 98

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. Such applications are primarily governed by sections 43A to 43F of the Patent Act. See Rule 4.1.

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Inventor Patent Application Invention Patent 79

IP Watchdog

SEPTEMBER 28, 2022

An unorganized capacity to respond to such rejection challenges often leaves the practitioner with very little alternative but to amend claims in a manner that narrows protection to less than what the applicant’s invention should have received.

Patent Application 128

Patent Application Patent Patent Drafting Invention 128

IPilogue

JUNE 2, 2022

In February 2022, however, the Federal Court of Australia joined the ranks of the United States and the United Kingdom in disallowing AI to be owners of patents, even if the product is solely created by AI. In 2021 , the Canadian Intellectual Property Office (CIPO) issued a non-compliance notice for DABUS’ patent application in Canada.

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Invention Ownership Intellectual Property Inventor 110

IP Watchdog

AUGUST 7, 2021

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. Further, the USPTO has issued thousands of inventions that utilize AI.

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Inventor Technology Patent Application Invention 142

SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” Understanding Why the Patent Application Went Up in Flames The patent application (no. Mitra And Co.

Invention 110

Invention Patent Patent Application Government 110

The IPKat

OCTOBER 21, 2022

The final decision in this referral has the potential to either lower or increase the plausibility requirement in EPO inventive step analysis. In its preliminary opinion , the EBA hedges its bets but hints at accepting a standard of lack of ab initio implausibility for a technical effect supporting inventive step.

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Invention Publishing Patent Application Patent 86

Patently-O

SEPTEMBER 15, 2021

Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). She spent a decade at Google leading their patent team. . The transition to a first inventor to file system was needed to harmonize the U.S. with the rest of the world.

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Invention Intellectual Property Inventor Intellectual Property Law 131

Patently-O

JULY 26, 2021

Although trade secrets are independently important, they are play a key temporal role in the patenting process. The touchstone of invention is when the inventors have a full mental conception of the invention, including how to make and use the invention. In 2016, the U.S. Otherwise you may lose rights.

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Patent Invention Patent Application Privacy 99

SpicyIP

AUGUST 1, 2021

Section 11 (b) read with Rule 24B of Patents Rules, 2003 concerning patent application exam stipulates a 48-month period from the date of priority or filing of patent application within which a request for examination of the application needs to be made. Easing such norms makes the process more accessible.

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Reporting Patent Law Patent Application Patent 136

IP Watchdog

JANUARY 10, 2025

Court of Appeals for the Federal Circuit (CAFC) today affirmed a Patent Trial and Appeal Board (PTAB) decision that upheld an examiners rejection of certain claims of a patent application for a cancer immunotherapy invention. The opinion was authored by Judge Lourie.

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Patent Patent Application Invention Patent Prosecution 52

Biswajit Sarkar Copyright Blog

DECEMBER 10, 2022

For registering the patent, it is essential to file a patent application before the Office of the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion, under the Ministry of Commerce and Industry. Convention Application.

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Patent Application Patent Invention Inventor 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.

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Invention Inventor Patent Application Patent Law 124

Patent Trademark Blog

OCTOBER 26, 2022

In order to gain certain exclusive rights from the government, inventors must disclose detailed information on how to make and use their invention. In exchange for the public disclosure of your proprietary information, the government is willing to give you a patent. Don’t apply for a patent. See MPEP 2164.06

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Confidentiality Patent Patent Application Invention 96

IIPRD

OCTOBER 7, 2024

The legal frameworks surrounding IP, including the patents, trademarks, copyrights, and business enigmas bargain the startups the aptitude to protect their intellectual assets, ensuring their thoughts and the inventions are lawfully saved from unlawful use or imitation. It is safeguarded under the Patent Act, of 1970.

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Intellectual Property Government Invention Brands 98

IPilogue

SEPTEMBER 24, 2021

Here, he filed patents for inventions generated by Dr. Stephen Thaler’s “DABUS”, an AI machine that was quite literally invented to invent. South Africa and Australia are just two of seventeen jurisdictions where Abbott and Thaler filed these patents in the hopes of granting inventorship rights for DABUS.

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Inventor Invention Patent Law 129

IP Watchdog

SEPTEMBER 7, 2021

Dr. Stephen Thaler (DABUS’s creator and owner) filed patent applications on these inventions that were filed around the world, listing Thaler as the applicant and listing only DABUS as the inventor.

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Inventor Patent Invention Patent Application 117

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

AUGUST 9, 2021

The terms ‘ AI-generated works ’ and ‘ AI solutions ’ have not been explained in the Report, but its pertinent to define and distinguish the same in order to understand their implications on patent law. An important question that arises is can AI actually invent on its own?

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Inventor Invention IP Ownership 122

Patently-O

NOVEMBER 9, 2021

The case was set-up as a showdown on questions of patent eligibility in the “highly esoteric field of computer technology.” But, in the end, the court focused on the more mundane question of obviousness — a doctrine it continued to refer to as “invention.” ” Id. In re Johnston , 502 F.2d

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Invention Patent Art Technology 75

IPilogue

JULY 7, 2021

While an employer may have invested significant resources to facilitate the production of an invention and wish to capitalize on their investment, their employee also likely devoted significant time and energy into developing the invention and may feel entitled to benefit from its associated IP. Private Sector Employees.

Invention 59

Invention Ownership Patent Intellectual Property 59

Patent Trademark Blog

JANUARY 4, 2023

What is a utility nonprovisional patent application? Unlike design patents , utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed. How to Tell If Your Patent Claims Are Good.

Patent Application 98

Patent Application Patent Art Blogging 98

IPilogue

FEBRUARY 13, 2023

For the first time in decades, the US Supreme Court will engage with enablement in patent applications. On November 4th, 2022, the Supreme Court granted certiorari to review the Federal Circuit’s decision in Amgen v Sanofi , against the recommendation of the US government.

Patent 101

Patent Invention Art Inventor 101

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

Design Patent 98

Design Patent Designs Design Patent Application 98

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

The IPKat

AUGUST 31, 2022

Although conceptually the same, DAOs vary significantly in their organisational structure, their code, goals, functions and governance. There is no prize for guessing: DAOs start to present a headache for lawyers and governments around the world. The governments should to take DAOs seriously sooner rather than later.

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Ownership IP Contracts Inventor 134

SpicyIP

MAY 17, 2023

Article 27 of the TRIPS prescribes non-exclusive patent-exclusionary subject matters, providing policy space for member countries to incorporate more subjects as non-patentable inventions in their domestic patent legislation. The revised Form 27 runs counter to the principles envisaged in the Patents Act, 1970.

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Reporting Intellectual Property Patent Application Intellectual Property Law 137

The IPKat

FEBRUARY 11, 2024

A key aspect of the Basic Proposal is an international disclosure requirement for patent applications (Article 3): For inventions based on genetic resources, applicants would be required to disclose the country of origin, or if that is unknown, the source of the genetic resources.

Intellectual Property 121

Intellectual Property Due Diligence Public Domain Government 121

IP and Legal Filings

AUGUST 8, 2024

INTRODUCTION The Patent Act was enforced on 20 th April, 1972. 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

IP Intelligence

MARCH 16, 2022

However, on March 5, 2022, the Russian government went much further and marched toward far-reaching patent nationalization of non-Russian patent holders. In plain speak, the Russian government ostensibly used its invasion of Ukraine to declare war on patents from the 47 “unfriendly” countries, including the United States.

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Patent Intellectual Property Government Invention 96

LexBlog IP

JULY 9, 2021

Mike has previously contributed articles on the impact, from an Australian perspective, of COVID-19 on international patent, trade mark, and registered designs filings , and on what patent data can tell us about the Australian government’s plan for local manufacturing?

Patent Application 52

Patent Application Patent Invention Government 52

SpicyIP

DECEMBER 15, 2024

Here is our recap of last weeks top IP developments including summaries of the posts on unreasoned patent grants and rejections, the One Nation One Subscription initiative by the government, and the DHC order on missing reasons for ex-parte injunctions. 2 in respect of the patent application of the petitioner.

Patent Application 59

Patent Application Intellectual Property Law Intellectual Property Trademark 59

SpicyIP

JULY 23, 2021

While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. This comes in the backdrop of Section 83 of the Patents Act, 1970 which provides the general principles applicable to the working of patented inventions.

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Patent Licensing Invention Government 126

Patently-O

OCTOBER 5, 2021

In both cases, the Government argued that the Court’s recent decisions have strayed from earlier precedent and have fostered uncertainty regarding the patent eligibility standards. In particular, the Government highlighted the then-pending certiorari petition in Athena Diagnostics, Inc. patent counseling and opinions; d.

Patent 102

Patent Intellectual Property Invention Inventor 102

JD Supra Law

FEBRUARY 5, 2024

As part of the America Invents Act (“AIA”), Congress moved the patent system from a first-to-invent to a first-inventor-to-file system. For patents governed by the new first-to-file system, the Act also eliminated interferences, which are administrative priority contests before the PTAB.

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Technology Invention Inventor Patent Application 64