IP Watchdog

JULY 14, 2022

The idea of patented inventions brings to mind machines fully realized - flying contraptions and engines with gears and pistons operating in coherent symphony. The AI inventor’s ways are antithetical to the principles of patent writing, where inventions are described in terms of what does what, why, how, and how often.

Patent Law 137

Patent Law Patent Inventor Invention 137

SpicyIP

AUGUST 1, 2021

Further, as is with the case of most government offices, the patent office also faces several structural issues including being overburdened with their workload, having inadequate personnel capacity, and other issues which have been extensively covered on the blog here.

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Reporting Patent Law Patent Application Patent 136

Patently-O

NOVEMBER 13, 2023

by Dennis Crouch Berkely Center for Law & Technology is hosting a great half-day virtual-conference this week: “AI as an Inventing Tool – it’s Implications for Patent Law” organized by Prof. Rob Merge s, Dr. Yuan Hao (PhD), and Prof. Colleen Chien.

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Invention Patent Law Law Art 69

IPilogue

JUNE 2, 2022

Thaler’s application for his AI, DABUS, to be the patent owner of an invention titled “ Food container and devices and methods for attracting enhanced attention ,” a product solely created by DABUS without any human interference. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

Invention 110

Invention Ownership Intellectual Property Inventor 110

SpicyIP

AUGUST 1, 2021

In this 2-part post, in part I, I will be analyzing the suggested amendments to Section 3 of the Patents Act (the substantial provisions) and part II will cover the suggested amendments to some of the procedural provisions of the Act. Section 3 of the Patents Act creates a list of restrictions on what inventions are not patentable.

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Reporting Patent Law Law Patent 108

Patent Trademark Blog

MARCH 6, 2025

Inventors located outside the US can file US patent applications. Foreign inventors, however, must be careful to follow the patent laws of the country in which the invention was made. Contact US patent attorney Vic Lin at vlin@icaplaw.com to explore how we can help. Where was the invention made?

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Patent Application Patent Invention Inventor 52

SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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Inventor Invention IP Ownership 122

Patently-O

FEBRUARY 24, 2022

Although no petitions have been granted, the Supreme Court has requested amicus briefs from the Federal Government in four particular cases. But, the real boost only happens if the government brief supports certiorari. The invention in Yu was a multi-lens camera deemed abstract by the Federal Circuit. 2022)(forthcoming).

Patent Law 95

Patent Law Law Patent Litigation 95

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.

Invention 59

Invention Inventor Patent Registration 59

IP Watchdog

JANUARY 18, 2023

The House of Representatives’ Judiciary Committee—Subcommittee on the Courts, Intellectual Property and the Internet (IP Subcommittee) writes patent law and is responsible for other patent-related initiatives. A country’s patent laws directly affect its innovation economy.

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IP Intellectual Property Patent Law Invention 130

The IPKat

AUGUST 24, 2022

This Alicante-based Kat has been enjoying her sea view with a good book in paws: “ Once upon a time, the patent ” by Pascal Attali (2022, 304 p.). The first part of the book is devoted to the history of patent law. In pre-revolutionary France, similar royal privileges were granted under the name “patente”.

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Patent Patent Law Invention IP 124

IPilogue

SEPTEMBER 24, 2021

The latest decision from the United States, Thaler v Hirshfeld , comes off the heels of recent judgements in South Africa and Australia asking if AI can be considered the inventor in patent law. Here, he filed patents for inventions generated by Dr. Stephen Thaler’s “DABUS”, an AI machine that was quite literally invented to invent.

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Inventor Invention Patent Law 129

IP and Legal Filings

JULY 18, 2024

Introduction Patent revocation is a legal action undertaken by an external party, often an individual or an organization, challenging the validity and continuation of a granted patent. This process is based on specific criteria established by patent law. The invention is not useful.

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Patent Invention Government Publishing 98

IP Watchdog

FEBRUARY 16, 2022

Nine months in, and we are still awaiting the Biden administration’s decision as to whether the law of patent eligibility should be clarified. On May 3, 2021, the Supreme Court invited the Solicitor General to recommend whether certiorari should be granted in American Axle v.

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Law Patent Invention Patent Law 128

Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Mangrove Partners Master Fund, No.

Patent Law 75

Patent Law Law Patent Art 75

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).

Invention 124

Invention Inventor Patent Application Patent Law 124

The IPKat

JANUARY 24, 2023

This Kat is delighted to review “ A Practitioner’s Guide to European Patent Law: For National Practice and the Unified Patent Court ” (Hart Publishing, 2022, 664 pp.). The book consists of seventeen chapters, mainly on substantive law, but it also addresses certain procedural matters and questions of international private law.

Patent Law 66

Patent Law Law Patent Editing 66

JD Supra Law

JULY 2, 2023

By: Linda Liu & Partners

Patent Law 52

Patent Law Law Patent Invention 52

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

Invention 75

Invention Patent Art Technology 75

LexBlog IP

JANUARY 11, 2024

The Principle of Good Faith in Patent Applications The revised regulations emphasize the principle of good faith in all patent applications: New Article 11: Mandates adherence to the principle of good faith. Genuine Inventive Activities: Requires applications to be based on real and original inventive activities.

Patent Law 52

Patent Law Law Intellectual Property Intellectual Property Law 52

Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.”

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Invention Art Patent Design 59

IPilogue

FEBRUARY 13, 2023

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. Specifically, Amgen seeks to appeal a decision from the Federal Circuit , in which the court found Amgen’s patents invalid for lack of enablement.

Patent 101

Patent Invention Art Inventor 101

LexBlog IP

AUGUST 30, 2022

The diminished bench split 3:3, with Kiefel CJ, Gageler and Keane JJ finding Aristocrat’s claims unpatentable, while Gordon, Edelman and Steward JJ would have allowed the appeal, concluding that the claimed invention was patent-eligible. We were hoping for some clarity on the patent-eligibility of computer-implemented inventions.

Patent Law 52

Patent Law Law Patent Invention 52

Kashishipr

JULY 7, 2021

The scope of protection and the ambit of subject matters governed under trade secrets are more extensive than other IPRs. Choosing between Patents and Trade Secrets. There is a thin line between patents and trade secrets, and therefore, choosing between either of the two is a fundamental decision for all entities alike.

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Patent Intellectual Property Invention Patent Law 105

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. See Rule 4.1(a)(iv).

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Inventor Patent Application Invention Patent 79

IPilogue

NOVEMBER 3, 2022

Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. This exposes some concerns about our patent laws.

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Patent Infringement Law Patent Ownership 115

Patently-O

APRIL 26, 2024

1 (1847) “establish[ed] that a specification may call for a reasonable amount of experimentation to make and use a patented invention.” Background of the Invention Wood’s U.S. Underhill , 46 U.S. To understand the apparent contradiction, I thought it would be helpful to dig into some of the details of the case.

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Invention Art Patent Law 115

The IPKat

JANUARY 26, 2023

The Board of Appeal considered the risks posed by hindsight in inventive step analysis where part of the invention is identification of the problem to be solved. Other Chijioke Okorie focused on identifying the principles that should guide African governments in realising the right to research in Africa.

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Derivative Work Invention Registration Related Rights 78

IPilogue

AUGUST 13, 2021

As we automate more work, the tax base shrinks, costing governments billions of dollars in tax revenue. The patenting process, as Abbott predicted in this book, may need to be drastically changed to recognize AI as an inventor. Patent Offices have not yet issued guidance as to whether AI could be regarded as an inventor.

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Inventor Invention Intellectual Property Intellectual Property Law 105

SpicyIP

JANUARY 15, 2023

Foreign companies that either do not manufacture their invention in India or do not import their inventions in India can fall foul of these requirements. Further, Form 27 requirements are already very diluted and without them it will be impossible to obtain compulsory licenses, a core part of the Indian patent system.

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Copyright Infringement IP Copyright Intellectual Property 135

The IPKat

SEPTEMBER 28, 2021

Notably, compared to those of ‘The Outline’ (2008) (see page 3 of the WIPO lexdoc ), the five-year goals set by ‘The Outline’ (2021–2035) are much more concrete and specific, as shown in the list below: The criterion of ‘The number of high-value invention patents* per 10,000 population’ had its debut this year at the 14th Five-Year Plan (2021–2025.

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Intellectual Property Invention Government Patent 78

SpicyIP

OCTOBER 9, 2024

The “patent of addition” in India is a crucial mechanism for protecting improvements or modifications to existing inventions. Unlike standard patents, which cover entirely new inventions, patents of addition enable inventors to safeguard their enhancements while the original patent remains protected.

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Patent Invention Reporting Inventor 104

Kashishipr

OCTOBER 20, 2021

To comply with international standards, the Australian government had to make some changes in its existing laws. The main objective of Sections 26C and 27D was to prevent the patent holders from getting an extension on their patents by taking advantage of loopholes and undue benefits of the Justice system.

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Patent Intellectual Property Inventor Government 105

The IP Law Blog

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” Again, it depends. Under 35 U.S.C. §

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Confidentiality Invention Business Artistic Work 113

The IPKat

SEPTEMBER 15, 2022

Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. The common denominator is the use of changes to the IP law as a political instrument towards states taking “unfriendly” actions against Russia.

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IP Brands Branding Branding 133

IP and Legal Filings

NOVEMBER 7, 2022

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. Intellectual property rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention. 7] Section 140 of The Patents Act, 1970. [8]

Patent Law 52

Patent Law Law Patent Intellectual Property 52

The IP Law Blog

DECEMBER 15, 2022

Typically, in most jurisdictions, and as is the case here, the same legal standard governs the issuance of preliminary injunctions and TROs. Shortly thereafter, the Defendants began purchasing the invention from the Plaintiff and reselling it through Amazon.

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Invention Technology Government Patent 97