IP Watchdog

SEPTEMBER 29, 2021

The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu.

Invention 145

Invention Patent Inventor Government 145

Patently-O

AUGUST 5, 2024

Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. HyperDrive apparently embodies the claimed invention.

Invention 111

Invention Inventor Art Public Use 111

IP Watchdog

APRIL 25, 2023

While many speakers cautioned against moving too quickly to change the rules for AI-generated inventions, others warned that doing nothing could result in chaos for the USPTO and grave economic and innovation losses for the country.

Invention 131

Invention Trademark Patent Inventor 131

TorrentFreak

DECEMBER 9, 2024

Through these notices, the group asks Cloudflare to inform the website owner and the hosting company to shut these sites down. Unavailable For Legal Reasons (Error 451) The HTTP 451 Error code was invented for situations where content is made inaccessible for legal reasons. For example, the yts.cx

Reporting 109

Reporting Privacy Publishing Copyright 109

The IP Law Blog

FEBRUARY 15, 2024

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention.

Invention 109

Invention Inventor Patent Patent Application 109

SpicyIP

NOVEMBER 30, 2024

The essence of the patent regime lies in, the ‘patent bargain’ – inventors are granted a monopoly over their invention for a fixed term of 20 years in exchange for a complete disclosure. Under Section 10(4), an applicant is supposed to disclose the best method of performing the invention in the complete specification.

Patent Application 64

Patent Application Invention Patent Public Domain 64

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. This, along with the lack of information provided by the CIPC post-grant has led to criticism directed towards its non-examining nature.

Invention 128

Invention Patent Inventor Intellectual Property 128

Patently-O

APRIL 29, 2024

by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. The petitioner argues that the Federal Circuit’s test, established in Antares Pharma, Inc.

Invention 81

Invention Patent Law Technology 81

IIPRD

MARCH 13, 2025

All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. Patents Patent protects new inventions that features technological advancements or economic significance or both and are capable of being used in the industry. Key Features: The invention must be new, non-obvious, and have utility.

Intellectual Property 83

Intellectual Property Registration Design Designs 83

Patently-O

SEPTEMBER 15, 2021

The America Invents Act (AIA), which passed on September 16, 2011, brought about some of the most significant changes to our patent system in over 50 years. 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).

Invention 131

Invention Intellectual Property Inventor Intellectual Property Law 131

The IPKat

JANUARY 19, 2025

In this decision, the Board of Appeal upheld Inhibrx's European patent EP2812443 directed to a genus of anti-CD47 antibodies defined by their epitope binding and functional characteristics, finding both sufficient disclosure and inventive step.

Invention 75

Invention Patent Art Patent Application 75

U.S. Department of Commerce

AUGUST 14, 2024

Patent and Trademark Office (USPTO) will host Invention-Con 2024: Expanding your intellectual property potential. Don’t miss Invention-Con 2024, coming virtually (August 16 only) and in person on August 16 from 11:30 a.m. From August 16-17, the Department of Commerce’s U.S. Participate in activities for all ages.

Invention 75

Invention Inventor Intellectual Property Trademark 75

The IPKat

FEBRUARY 13, 2025

This patent claimed protection for sitagliptin alone (a new and inventive active ingredient) as well as sitagliptin combined with metformin, an active ingredient that was already known and had been used for decades by the time EP '357 was filed. Merck obtained the SPC based on patent EP 1412357 (EP '357).

Invention 64

Invention Public Domain Art Marketing 64

IP Watchdog

DECEMBER 6, 2021

Moderna and the National Institutes of Health (NIH) are poised for a legal battle over inventorship of a vaccine for COVID-19. 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.

Invention 122

Invention Inventor Patent Application Design 122

The IPKat

MARCH 25, 2025

Rose Hughes outlined T 1865/22 concerning the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The Board of Appeal questioned whether the claimed composition involved an inventive step. 7(2) Community Design Regulation.

Artistic Work 59

Artistic Work Invention Design Designs 59

IP Watchdog

OCTOBER 1, 2023

PERA is no doubt an ambitious bill. In terms of its design, the proposed legislation attempts to deal with each of the Supreme Court’s decisions in Alice, Mayo and Myriad, plus all of their progeny applications thereafter engendered by the Federal Circuit, the Patent Trial and Appeal Board (PTAB), all the way down to the U.S.

Invention 137

Invention Patent Design Designs 137

The IPKat

MARCH 4, 2025

Legal Background: Open-ended ranges According to Article 83 EPC , European patents should "disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art." This test is applied to all types of invention, including those in the mechanical field ( IPKat ).

Invention 64

Invention Patent Law Art 64

Intellectual Property Law Blog

SEPTEMBER 1, 2021

See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. These decisions inform strategies to optimize patent drafting and prosecution for artificial intelligence and machine learning related inventions. patents,” Office of the Chief Economist, IP Data Highlights (October 2020). Part One can be viewed here.

Patent 212

Patent Patent Application Technology Invention 212

IP Watchdog

JANUARY 28, 2023

As Robert Frost poetically noted, two roads diverged in the woods he was exploring. One road was well trod, easy to traverse, and the other less traveled, difficult and getting weedy. Sadly, although Americans pride themselves on innovation, American innovation, particularly inventorship, is now the difficult road.

Invention 128

Invention Inventor Government Technology 128

The IPKat

DECEMBER 13, 2021

The headlines are the result of the Project’s filing of parallel applications to patent offices in several jurisdictions over a number of inventions generated by an AI system named DABUS (Device for the Autonomous Boot-strapping of Unified Sentience), invented by Dr Stephen Thaler. Possession of information (non-rivalrous) does not.

Inventor 136

Inventor Invention Ownership Intellectual Property Law 136

SpicyIP

AUGUST 13, 2024

The DHC, in this judgement, continued with its restrictive interpretation of 3(k), narrowing the scope of inventions which are excluded u/s. The invention, which related to a system of data profiling, would use a profiling module to read records from data sources, compute statistics, and other descriptive information relating to the data set.

Invention 110

Invention Patent Public Domain Technology 110

Intellectual Property Law Blog

OCTOBER 11, 2022

A summary of these reminders (and links to more information) are provided herein. MPEP Sections to Know – Especially for AI Inventions. A couple key areas of concern for applications that are directed to AI inventions are (1) patent subject matter eligibility and (2) an enabling disclosure. The Assignee was listed as “Stephen L.

Patent Application 186

Patent Application Patent Inventor Invention 186

Technology & Marketing Law Blog

AUGUST 2, 2023

Copyright in Photographs, Established in Late 1800s The age-old strife between new technology and old law is epitomized by a hundred-year-old story of how copyrights came to exist in photographs after the invention of the camera. 18 (see image at right). In Burrow-Giles Lithographic Co. Sarony , the U.S.

Artwork 98

Artwork Blogging Art Copyright 98

SpicyIP

MARCH 24, 2025

Interestingly, while remanding the matter back to the Controller, the Court also directed it to consider the information submitted by the applicant after the initial deadline. Can the Controller be directed to consider this information? So should the Court be directing the Controller to take this belated information into consideration?

Patent 59

Patent Patent Application Invention Design 59

Intellectual Property Law Blog

SEPTEMBER 8, 2021

See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. These decisions inform strategies to optimize patent drafting and prosecution for artificial intelligence and machine learning related inventions. patents,” Office of the Chief Economist, IP Data Highlights (October 2020). Part One can be viewed here.

Patent 189

Patent Patent Application Invention Art 189

The IPKat

FEBRUARY 4, 2025

The key legal test is whether a skilled person could perform the invention. It is thus generally not necessary to describe how the invention was first derived. Nonetheless, the inventive story behind a novel compound may still play a crucial role during patent prosecution and/or subsequent litigation.

IP 64

IP Invention Inventor Design 64

The IPKat

JANUARY 26, 2025

Our Kat reflects on whether this decision raises questions about the current sufficiency/enablement standard for therapeutic use inventions and the prior art that may be cited against them. Rose Hughes also explained the Board of Appeal's decision in T 2130/22 regarding the inventive step of a pharmaceutical formulation.

Intellectual Property 59

Intellectual Property Invention Art IP 59

The IPKat

FEBRUARY 24, 2023

The sufficiency test is considered a relatively low bar, whereby an invention is considered sufficiently disclosed in view of the lack of any substantiated doubts that a skilled person could work the invention. Establishing the plausibility of an invention is often considered a higher bar than the standard sufficiency test.

Invention 132

Invention Law Patent Publishing 132

SpicyIP

OCTOBER 14, 2024

Other Posts Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Internet Archive, Tanishka Goswami explains the implication of the decision on fair use and access to information. Discussing the US decision in Hachette Book Group v. Luker Ecommerce Pvt.

Trademark 105

Trademark Registering Trademarks IP Copyright 105

Patent Trademark Blog

MARCH 6, 2025

Foreign inventors, however, must be careful to follow the patent laws of the country in which the invention was made. While US patent law does not forbid foreign applicants from applying for US patents, the foreign country in which the invention was made might have strict laws about where the first patent application must be filed.

Patent Application 52

Patent Application Patent Invention Inventor 52

Intepat

DECEMBER 25, 2024

This helps maintain transparency and ensures that all relevant information is available promptly, facilitating the efficient examination of applications. Utilize Divisional Applications Strategically: Take advantage of the expanded grounds for divisional applications to protect multiple inventions within a single application.

Patent 52

Patent Patent Application Invention Intellectual Property 52

The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. 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.” As the U.S. then it is no longer a trade secret.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

The IPKat

AUGUST 7, 2024

The IPKat is ready for your answers in our AI survey What inventions are deserving of patent protection? Should we continue trying to stretch the Patents Act to deal with new technologies, or is it time for a legislative overhaul and a fresh look at what kind of inventions should be considered patentable? These are broad definitions.

Invention 69

Invention Patent Patent Law Technology 69

Patently-O

JUNE 6, 2024

Neuropublic provided the firm with a detailed, confidential 21-page “Proposed Invention Disclosure” describing this technology. Ladas & Parry then allegedly sent this entire confidential disclosure to a third-party firm in India called PatentManiac, without informing Neuropublic’s or obtaining consent.

Confidentiality 113

Confidentiality Law IP Invention 113

The IPKat

MAY 18, 2024

For instance, the South Centre advocated for clarity that the disclosure requirement would apply to digital sequence information, whilst the Innovation Council emphasised the need for legal certainty and that the instrument "should not create undue burdens for patent users and offices."

Reporting 126

Reporting Intellectual Property Invention Patent Application 126

Intellectual Property Law Blog

OCTOBER 6, 2023

The challenged patents both teach a similar claimed invention that is “directed to a poll-based networking system that connects users based on similarities as determined through poll answering and provides real-time results to the users.” ’321 The challenged patents are related and both trace their priority date to U.S. 321 patent col.

Invention 147

Invention Art Patent Technology 147

SpicyIP

FEBRUARY 6, 2025

It was done citing lack of novelty, lack of inventive step, non-patentability under Sections 3(d) and 3(e), insufficient description of the invention or method, and non-disclosure under Section 8. Lastly , under Section 25(1)(h), the opponent claimed non-disclosure of required information under Section 8.

Patent 69

Patent Art Patent Application Invention 69