Patently-O

JANUARY 7, 2023

I just gave a short (45 min) talk about the past year in patent law. See the slides here: Patent Year in Review. Key points: Director Review and Ex Parte Lobbying : Exercising the constitutional right to petition the government via shadow request for director review. by Dennis Crouch. Broad IPR Estoppel : CalTech v.

Patent Law 56

Patent Law Law Patent Inventor 56

IP Law 360

SEPTEMBER 22, 2021

A landmark ruling that an artificial intelligence machine can't be considered an inventor highlights the potential need for changes to U.K. patent law, intellectual property lawyers said, as the British government eyes reforms to boost AI investment.

Inventor 40

Inventor Patent Law Law Intellectual Property 40

The IPKat

JULY 30, 2021

Thus, the GPA will henceforth include an explicit proportionality defense to permanent injunctions in patent law. Reportedly, several German patent judges immediately commented along similar lines [ here ]. here , at 5]; novel generations of pharmaceuticals that make prior patent clearance difficult [e.g. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

Patent Trademark Blog

MARCH 6, 2025

Can foreign applicants file US utility patent applications? 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. Are you a foreign business looking to apply for a US patent?

Patent Application 52

Patent Application Patent Invention Inventor 52

Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

Invention 128

Invention Patent Inventor Intellectual Property 128

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. Application of Winslow , 365 F.2d 2d 1017 (C.C.P.A.

Invention 69

Invention Patent Law Law Art 69

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.

Invention 124

Invention Inventor Patent Application Patent Law 124

LexBlog IP

JANUARY 25, 2022

Free Online Tools and Resources for Inventors. As an inventor, you know that protecting your invention is vital to its success. The process of patenting can be daunting, but with the right tools and resources, it doesn’t have to be. PATENT SEARCH TOOLS. Google Patents. Attorney Consultations. Link: [link].

Inventor 52

Inventor Intellectual Property Invention Patent Application 52

IPilogue

AUGUST 13, 2021

As we automate more work, the tax base shrinks, costing governments billions of dollars in tax revenue. On July 29, 2021 South Africa approved a patent listing AI as the inventor. Dr. Stephen Thaler’s AI system ‘DABUS’ was listed as an inventor for a patent related to beverage packaging and emergency lights.

Inventor 105

Inventor Invention Intellectual Property Intellectual Property Law 105

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.

Patent 105

Patent Intellectual Property Inventor Government 105

Patently-O

NOVEMBER 15, 2023

After proposing the idea in May 2023 and receiving positive feedback, the USPTO implemented the design patent practitioner bar through its rulemaking authority under 35 U.S.C. Currently, a single patent bar governs registration for anyone seeking to practice before the USPTO in utility, plant, and design patent matters.

Design Patent 111

Design Patent Designs Design Graphic Design 111

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. In modern biology research, inventors come from various disciplines such as pharmaceutical, environmental, agricultural, and dairy, and all of them are involved in improving the quality of life.

Patent 105

Patent Inventor Invention Intellectual Property 105

LexBlog IP

AUGUST 8, 2021

But that is just what his Honour Justice Beach has done in a recent judgment that a patent applicant can name as the inventor, not a human person, but an artificial intelligence ( AI ) system. [1]. 3] The application was filed in 2019 by Dr Thaler as the patentee, but named DABUS itself as the inventor. ” [7].

Inventor 52

Inventor Patent Patent Application Invention 52

IPilogue

NOVEMBER 3, 2022

The balance that patent law seeks to achieve is well known, with Article I, Section 8, Clause 8 , of the United States Constitution defining the purpose “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

Patent Infringement 115

Patent Infringement Law Patent Ownership 115

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

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.

IP 130

IP Intellectual Property Patent Law Invention 130

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. 7(3) was that the inventor is a person ([19]). As DABUS was not a person it could not be an inventor.

Inventor 93

Inventor Invention Intellectual Property Patent 93

JD Supra Law

MARCH 6, 2023

In a global marketplace, understanding which laws govern an intellectual property (IP) portfolio is crucial for maximizing the value of the IP rights. However, it can be a complex endeavor for companies, especially in the country-specific world of patent law. By: Fox Rothschild LLP

Inventor 52

Inventor Intellectual Property Patent Law Government 52

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 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

Patently-O

MAY 24, 2023

Bagley , Asa Griggs Candler Professor of Law, Emory University School of Law, co-inventor, and Principal, Diversity Pilots Initiative. Watch her video for Invent Together , entitled Challenges Encountered as a Diverse Inventor.

Inventor 85

Inventor Intellectual Property Invention Blogging 85

Patently-O

MAY 21, 2024

. § 103 “applies to all types of patents” and the text does not “differentiate” between design and utility patents. Therefore, the same obviousness principles should govern. This decision will generally make design patents harder to obtain and easier to invalidate.

Design Patent 119

Design Patent Designs Design Patent 119

Patently-O

JULY 21, 2022

Symbiont’s US Patent No. The inventor Mark Holt is also owner of Symbiont. Holt was part of forming two additional companies, BJM and Matrix and Symbiont licensed the technology (including the patent) to those companies. patent laws are subject to exclusive jurisdiction of the Federal Court system.

Licensing 78

Licensing Patent Patent Law Intellectual Property 78

IP Watchdog

NOVEMBER 2, 2022

Eagle Forum Education and Legal Defense Fund and the Fair Inventing Fund filed briefs in support of the jump rope company while DivX filed in support of neither party.

Inventor 69

Inventor Invention Patent Infringement Patent Law 69

Kashishipr

DECEMBER 8, 2021

It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions. However, others are in favor of patenting life forms by accrediting the Patent System’s capability to benefit society.

Patent 105

Patent Intellectual Property Invention Ownership 105

IP and Legal Filings

MARCH 1, 2023

Both agreements are governed by the World Intellectual Property Organization. This article talk about the National IPR Policy which envisages a single platform for all the different types of IPR, for example, patent, trademark, copyright etc. It creates a formal framework for the implementation, management, and assessment.

Intellectual Property 96

Intellectual Property IP Government Invention 96

The IPKat

AUGUST 29, 2021

Copyright The Kluwer Copyright Blog gave an update on EU copyright law developments for the second trimester of 2021, including insights into the cases and referrals coming up soon.

Blogging 69

Blogging IP Intellectual Property Editing 69

The IP Law Blog

APRIL 14, 2022

In response, Pandaloon filed a Motion to dismiss Count Three of the Complaint—in which CCC alleges that the D325 Patent is unenforceable due to inequitable conduct—on the ground that it fails to state a claim for relief under Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Art 98

Art Inventor Patent Infringement Patent 98

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. Mohammaed Ibrahim v.

Inventor 52

Inventor Moral Rights Patent Invention 52

SpicyIP

JUNE 22, 2022

Though the report examines the EU / Belgian patent law landscape, it contains informative insights into the use of compulsory licenses and competition regulation in the context of excessively priced medicines. There were only a few instances of high-income countries issuing compulsory licenses / government use licenses.

Licensing 119

Licensing Reporting Patent Government 119

Patently-O

DECEMBER 20, 2023

The ongoing reckonings with systemic racism and sexism in the United States might seem, on first glance, to have little to do with patent law. Yet scholarship on racial and gender inequality in the patent system is growing. In addition, scholars have explored racist and sexist norms baked into the content of patent law itself.

Government 69

Government Patent Law Law Patent 69

The IP Law Blog

JANUARY 18, 2024

And with patents, the only protection arises when the USPTO issues a patent on an invention. There is a fourth type of IP protection, trade secrets, that doesn’t involve registering the rights with a government office. But there are exceptions and exclusions under patent law.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

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.

Patent 105

Patent Intellectual Property Invention Patent Law 105

SpicyIP

OCTOBER 9, 2024

Unlike standard patents, which cover entirely new inventions, patents of addition enable inventors to safeguard their enhancements while the original patent remains protected. This committee highlighted the need for a clause allowing for patents of addition, similar to the UK Patent Act of 1949 (Section 26).

Patent 104

Patent Invention Reporting Inventor 104

Barry Sookman

AUGUST 29, 2021

The Federal Government Combats Hate Speech And Other Content Published On Social Media [link] 2021-08-24. Australia and South Africa find Artificial Intelligence “Inventor” compatible with Patent Law [link] 2021-08-24. SUBWAY FRANCHISEE ADVERTISING FUND, 999 F. 3d 828 – Court of Appea… [link] 2021-08-24.

Social Media 44

Social Media Inventor Advertising Advertising 44

Patent Trademark Blog

JUNE 1, 2022

Furthermore, the standard USPTO initial government fees will cover a total of 20 claims, of which 3 can be independent. Are there any issues with your inventor declarations or assignments? Are there any issues with your inventor declarations or assignments? Is the US patent law firm familiar with PCT nuances?

Inventor 52

Inventor Art Patent Law Patent Application 52

IP and Legal Filings

APRIL 5, 2022

Inventors are granted patent protection in exchange for a societal benefit. Inventors agree to expose their findings to the public via the patent specification in exchange for the public granting them an exclusive right to utilize those discoveries for a set period of time.

Invention 93

Invention Inventor Business Patent 93