Intellectual Property Law Blog

OCTOBER 11, 2022

Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. On September 22, 2022, the U.S.

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Patent Application Patent Inventor Invention 130

IP Watchdog

NOVEMBER 5, 2023

Patent and Trademark Office (USPTO) in recent weeks regarding the Office’s decision to retire Private PAIR and EFS-Web, the two main software systems used by patent applicants, on November 8. Numerous letters have been submitted to the U.S.

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Intellectual Property Law Blog

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. AI patent activities by year. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development.

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Invention Patent Privacy Inventor 242

Intellectual Property Law Blog

DECEMBER 20, 2021

This is the second article of the multi-part series discussing benefits of prosecuting patents under Patent Prosecution Highway or PPH. To recap, PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices.

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Intellectual Property Law Blog

SEPTEMBER 1, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See Alice Corp.

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Patent Patent Application Technology Invention 212

Intellectual Property Law Blog

SEPTEMBER 8, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See Alice Corp.

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Patent Patent Application Invention Art 189

SpicyIP

JULY 18, 2024

Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office. Order The Patent Controller issued a cryptic order rejecting the patent application.

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Intellectual Property Law Blog

OCTOBER 8, 2021

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. According to the opinion, the claimed method was directed to an application of Hooke’s law, and thus patent ineligible. 86 FR 36257. In Thaler v.

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Inventor Patent Invention Technology 189

Intellectual Property Law Blog

FEBRUARY 25, 2021

As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these concepts. For more information, view our Flipbook. Data as of January 30, 2021 at USPTO.gov.

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Intellectual Property Law Blog

OCTOBER 4, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Overall, AI is increasingly used in biotechnology, however biotechnology AI patenting is diffusing across all technologies, owners, and inventor-patentees. On September 22, 2022, the U.S.

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Intellectual Property Law Blog

JUNE 7, 2023

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments. PART ONE Patent Claims and Inventorship The Federal Circuit in Thaler v.

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Patent Intellectual Property Patent Application Inventor 130

Intellectual Property Law Blog

MAY 22, 2023

After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. § 112(a), and are thus invalid. In re Wands , 858 F.2d 2d at 737, 8 USPQ2d at 1404 (Fed.

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Intellectual Property Law Blog

MAY 25, 2023

In a per curium order issued under seal May 3, 2023 but recently made public, the Patent Trial and Appeal Board awarded sanctions against Patent Owner, Longhorn Vaccines & Diagnostics, cancelling all challenged claims of its five asserted patents for its “egregious abuse of the PTAB process.”

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Intellectual Property Law Blog

JUNE 20, 2023

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments. Part One of this series covers claim scope and inventorship.

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Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. Market research may also help down the road in preventing Patent Infringement actions.

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Marketing Marketing Inventor Invention 119

LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent.

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Intellectual Property Law Intellectual Property Law IP 52

SpicyIP

MAY 17, 2023

The consistent issues that the US cites for placing India in the Special 301 Report are inter alia, India’s provisions on revocation of patents, oppositions, lack against the presumption of validity, lack of data exclusivity provisions and Section 3(d). India and the US have been at loggerheads over patent issues until recently.

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Reporting Intellectual Property Patent Application Intellectual Property Law 137

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. Call for Submissions: NALSARs Indian Journal of Intellectual Property Law (IJIPL) Vol.

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Patent Application Intellectual Property Law Intellectual Property Trademark 59

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Intellectual Property Law Blog

OCTOBER 6, 2023

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § patent system from a first-to-invent system to a first-to-file system.

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Invention Patent Application Inventor Government 162

Kashishipr

JULY 28, 2021

The doctrine stipulates that the scope of a patent is not confined to the literal terms laid in the claims; instead, it embraces all the equivalents to the claims described in the said application. The doctrine embraces fairness while affording appropriate protection to the proprietor of the rights ensuing from the patent.

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Patent Application Patent Invention Art 59

SpicyIP

OCTOBER 1, 2024

We are pleased to bring to you this sponsored post by IP Press on the extension of the registration deadlines for their Comprehensive Course on Patents, in collaboration with S. The IP Press presents the third cohort of the Comprehensive Course on Patents. Majumdar & Co, a reputed full service Intellectual property Firm.

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Intellectual Property Law Blog

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. On February 13, 2024, the U.S. The Guidance begins with the premise that only natural persons can be named as inventors on U.S.

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JD Supra Law

OCTOBER 16, 2024

*prepared with the assistance of artificial intelligence - In the rapidly evolving landscape of intellectual property law, artificial intelligence (AI) has emerged as a powerful tool for attorneys and inventors alike. By: Sheppard Mullin Richter & Hampton LLP

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Patent Drafting Intellectual Property Law Patent Prosecution Intellectual Property 62

Intellectual Property Law Blog

JANUARY 24, 2022

Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. a PCT application) or an application that claims priority to a provisional application is eligible.

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Patent Prosecution Patent Application Government Patent 189

Intellectual Property Law Blog

AUGUST 25, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See Alice Corp.

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Patent Invention Patent Application Patent Drafting 133

Intellectual Property Law Blog

SEPTEMBER 29, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. In one key takeaway, the panel suggested drafting an application with specific details about the innovation in order to support patent eligibility and enablement for the innovative concept.

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Technology Trademark Patent Prosecution Patent 130

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Patents are important and powerful tools that provide safeguards to biotechnicians and help them. What is patent? A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application.

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IIPRD

JANUARY 7, 2025

One of the main areas of intellectual property law development is the link between artificial intelligence and intellectual property rights (IPRs). Growing AI-related business activity, early case law, and legislative and international policy activities are making it more and more relevant in practice.

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IP Intellectual Property Invention Inventor 98

IPilogue

JUNE 2, 2022

Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. Thaler and DABUS embarked on their journey for AI patent ownership.

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Invention Ownership Intellectual Property Inventor 110

JD Supra Law

JULY 23, 2021

Amgen) to rehear enablement requirements in a patent disclosure. Enablement” refers to a requirement that a patent application must describe how to make and use a claimed invention. By: Caldwell Intellectual Property Law

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Intellectual Property Law Intellectual Property Invention Patent 65

IPilogue

NOVEMBER 1, 2021

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. The principal question at hand is whether non-human entities, such as AI systems, should have legal capacity.

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Kashishipr

DECEMBER 28, 2021

The agreement enabled the three parties involved to obtain Freedom to Operate (abbreviated as FTO) , thereby authorizing one another to use some of their respective patented technologies without worrying about Patent Infringement. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

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Intellectual Property Law Blog

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. the Office is aware of and evaluates the teachings of all information material to patentability.”

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Patently-O

MAY 1, 2022

Recent Headlines in the IP World: Rahul Verma: A New Patent Reveals Apple Could Be Planning to Make Its Own Game Controller (Source: Business Insider–India). Blake Brittain: Apple Lawsuit Over Messaging Patents Revived by U.S. Jacob Oliva: Patent Application Suggests Hyundai Developing Its Own Crab Walk Mode (Source: Motor1).

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Intellectual Property Law Patent Journalism Intellectual Property 69

IPilogue

JANUARY 10, 2022

Madelaine Lynch is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. Part 1: The Four Pillars of Patentability. Part 2: A Beginner’s Guide to Patenting Software and Artificial Intelligence.

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Intellectual Property Law Blog

MARCH 3, 2021

Blockchain patent applications may be divided into two types: underlying technologies of blockchain, such as consensus methods, security, etc., and applications of blockchain in, e.g., fintech, legal, and other industries. Patent Eligibility Under the U.S. Patent System. See MPEP § 2106.04. Decision: 35 U.S.C. §

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