World Intellectual Property Organization Adopts Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
JD Supra Law
AUGUST 27, 2024
By: WilmerHale
Intellectual Property Invention Patent Application 
Understanding IPO’s Rejection of UPL’s Patent Application for Mancozeb and Ortho Silicic Acid Combination in Light of the Patent Bargain and Sufficiency of Disclosure
SpicyIP
NOVEMBER 30, 2024
Recently, the Indian Patent Office rejected a patent application by UPL Ltd. for lack of sufficient disclosure mandated under Section 10(4) of the Patents Act. Her passion lies in understanding the intersections of AI regulation and intellectual property rights. Her previous posts can be accessed here.
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Impact of AI on Global IP Systems
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. When the present intellectual property system was developed, innovation was more sluggish and concentrated on human creativity.
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Patent Protection on AI Inventions
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. However, inventors often need to improve various aspects of an existing AI system to make it fit and work for their applications. from 1990-2018.
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Logical Fallacy in Patent Law: Analysing Abolkheir’s Challenge to the Soundness of Non-obviousness Test
SpicyIP
NOVEMBER 9, 2024
In his recent work published in the Journal of Intellectual Property Law and Practice , Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. It confuses ‘invention’ with ‘person.’
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Intellectual Property Protection: How to protect IP
Patent Trademark Blog
MARCH 24, 2022
What does it mean to protect intellectual property? Now that we know what intellectual property is , let’s talk about how to protect intellectual property. What do we mean by intellectual property protection? What would it mean, for example, to protect your personal property?
Key Rules and Cases for Patent Practitioners Working on AI Patent Applications
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. MPEP Sections to Know – Especially for AI Inventions.
All About Provisional Patent Applications
Kashishipr
OCTOBER 13, 2021
For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. What is a Provisional Patent Application?
Guidance on Patenting Inventions with AI Contributions
Patently-O
APRIL 25, 2023
It is my privilege to discuss the role of generative AI in the realm of intellectual property and the need for clear guidance from the USPTO. As artificial intelligence progresses at an unprecedented pace, numerous cases have emerged where generative AI has played a crucial role in conceiving an invention.
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The Role of Intellectual Property Rights in India’s Startup Ecosystem: A Pathway to Innovation and Growth.
IIPRD
OCTOBER 7, 2024
Intellectual Property Rights occur as the dynamic instrument to discourse these tasks if the legal protection and development of a situation is beneficial to development and novelty. IPR IN THE FRAMEWORK OF STARTUPS Intellectual Property Rights serves as the keystone for the tenability and the development of new ventures.
Business planning and Intellectual Property
IP and Legal Filings
JUNE 22, 2021
The research and development associated with the invention must be structured in a way that it should provide maximum output within the specified input. There are multiple inventions that might not be protected under the patent model, therefore analyzing those inventions and working for maximizing the output must be the aim of the company.
Intellectual Property 101: Filing for a Patent in Canada and Beyond
IPilogue
OCTOBER 25, 2021
This article is the fourth in a 5-part series on protecting your intellectual property. Part 4: Filing for a Patent in Canada and Beyond. Part 5: Why Can’t I Talk About It, It’s My Invention? One of the most common filing strategies is to file a US provisional patent application.
Understanding the Indian Biological Diversity law, and its implications for Patent Applications involving Biological Resources
Selvam & Selvam Blog
OCTOBER 19, 2024
For inventors seeking to patent inventions involving biological resources, the Act mandates obtaining approval from the National Biodiversity Authority (NBA). – For patent applications where the invention uses or is based on biological resources from India, NBA approval is necessary before the grant of the patent.
China Releases Guidelines for AI-Related Invention Patent Applications
JD Supra Law
FEBRUARY 26, 2025
The China National Intellectual Property Administration ("CNIPA") issued the Guidelines for Patent Applications for Artificial Intelligence ("AI") Related Inventions (Trial Implementation) ("Guidelines") on 31 December 2024, aiming to clarify and specify China's patent examination standards in the AI field and address the key legal issues of concern (..)
AI-Assisted Inventions: Are They Patentable? Who is the Inventor?
Intellectual Property Law Blog
FEBRUARY 14, 2024
Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115.
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AI-Assisted Inventions: Is There a Duty to Disclose the Use of AI?
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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Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23]
SpicyIP
NOVEMBER 17, 2023
We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. As owners of their intellect, inventors of intellectual properties have a natural right to exclusively commercialise the products of their minds.
Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three
Intellectual Property Law Blog
SEPTEMBER 8, 2021
Note: First published in The Intellectual Property Strategist and Law.com. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. Part One can be viewed here.
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Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Two Of Three
Intellectual Property Law Blog
SEPTEMBER 1, 2021
Note: First published in The Intellectual Property Strategist and Law.com. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. Part One can be viewed here.
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Track One Patent Applications: Accelerating Your Path to Patent Protection
Larson & Larson
NOVEMBER 12, 2024
Track One Patent Applications: Accelerating Your Path to Patent Protection After nearly 15 years of shepherding inventors through the patent process, I’ve seen firsthand how crucial timing can be in protecting intellectual property. What is Track One? Track One might be the competitive edge you need.
SpicyIP Weekly Review (November 4-November 10)
SpicyIP
NOVEMBER 11, 2024
Highlights of the Week Logical Fallacy in Patent Law: Analysing Abolkheir’s Challenge to the Soundness of Non-obviousness Test In his recent work, Dr. Mo Abolkheir argues that the ‘inventive step’ understanding in the patent law is flawed as it places an emphasis on the inventor’s imaginative capacity rather than the invention itself.
Guest Post: DABUS Gains Traction: South Africa Becomes First Country to Recognize AI-Invented Patent
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.
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The Adaptability of Human Innovation: Key Findings Of The World Intellectual Property Report 2022
Intepat
APRIL 18, 2022
Necessity has been called the mother of all inventions and the most recent example of the same was seen when the world was caught unawares in the midst of the Covid-19 pandemic in 2020, without any cure available. In this era, 7% of all patents were from the medical innovation sector.
EPO Patent Index 2024 Shows Increase in Computer Technology Inventions, Unitary Patent Requests
IP Watchdog
MARCH 27, 2025
On Tuesday, the European Patent Office (EPO) published the Patent Index 2024, the latest edition of the EU patent agencys annual snapshot into global innovation through the lens of European patent application filings.
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Key Rules and Cases for Patent Practitioners Working on AI Patent Applications
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. Additional detail on each case is provided below.
Artificial Intelligence as an Inventor on Patents – The Global Divide and the Path Forward
JD Supra Law
DECEMBER 22, 2021
It reportedly conceived two separate inventions without any human intervention and therefore, was designated as an inventor on patent applications related to those inventions. Stephen Thaler.
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Op Ed: Reflections on the American Invents Act on its Tenth Year Anniversary
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. . Our intellectual property system, like our innovations, is constantly evolving.
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USPTO Issues Guidance on Patentability of Inventions Developed with the Assistance of Artificial Intelligence
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.
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AI-Based Patent Applications: Recent History and the Future
JD Supra Law
OCTOBER 31, 2023
The emergence of artificial intelligence (AI) as a field of technology has correlated with an increase in patent application filings on AI-related inventions over the past two decades. By: Mintz - Intellectual Property Viewpoints
SCOTUS: “The More a Party Claims for Itself the More it Must Enable”
Intellectual Property Law Blog
MAY 22, 2023
Enablement Section 112(a) of the Patent Act requires that a patent specification includes “a written description of the invention, and of the manner and process of making an using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art…to make and use the same.
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Inventing Chaos with the Moderna/NIH Dispute
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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En Banc: When Employees Leave with a Half-Baked Invention
Patently-O
JULY 7, 2021
Some months later, after leaving and forming 10X, they completed the inventions and filed patent applications. Bio-Rad now argues that it has partial ownership rights to the inventions based upon the inventor’s contributions while employees. See, e.g., AT&T v. Integrated Network Corp. , 2d 1321 (Fed.
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92 Stakeholders Should Not Miss Congress’s Invitation For Feedback On Patent Eligibility
Intellectual Property Law Blog
OCTOBER 8, 2021
According to the opinion, the claimed method was directed to an application of Hooke’s law, and thus patent ineligible. A recent court decision on whether an AI system can be named an inventor in a patent application provides a compelling reason for stakeholders in the artificial intelligence industry to respond to the request.
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Best Practices for Drafting Invention Disclosure Forms
JD Supra Law
JULY 19, 2024
An invention disclosure form is a document used to capture detailed information about a new invention or discovery. The first step in the patent application process, the form plays a crucial role in protecting intellectual property.
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‘AISITAs’ and Written Description Requirements: Considerations and Guidance for AI Patent Applications
IP Watchdog
JULY 25, 2021
As such, AI has been shown to have near endless applications, driving a surge of inventions and related patent application filings. Many AI-based systems are able to recognize trends, patterns and connections, test hypotheses using available data sets, and continuously improve decision trees based on user input.
Generative AI and Patent Considerations – Part One
Intellectual Property Law Blog
JUNE 7, 2023
First published by ALM / Law.com in The Intellectual Property Strategist All of us have been exposed to and perhaps even overwhelmed by news about generative artificial intelligence (AI). 2022) recently confirmed that an inventor under the patent statute must be a natural person. In this case, Thaler filed with the U.S.
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SNIPR Tech. Ltd. v. Rockefeller Univ., No. 22-1260 (Fed. Cir. July 14, 2023)
Intellectual Property Law Blog
OCTOBER 6, 2023
. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g). patent system from a first-to-invent system to a first-to-file system.
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Why is Market Research Important for Patent Protection?
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. He would also understand the profitability and commercial viability of his invention.
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Trade Secret or Patent?
The IP Law Blog
JANUARY 13, 2022
Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. A patent protects an invention. The invention can be an article of manufacture, a machine, a process (such as software), or a composition of matter (like a chemical formula).
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Australian Judge Rules Inventions Developed by Artificial Intelligence Can Qualify for Patent Protection
The IP Law Blog
AUGUST 5, 2021
Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. And, nothing in the Act dictates the contrary conclusion.
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Generative AI and Patent Considerations – Part Two
Intellectual Property Law Blog
JUNE 20, 2023
This article was first published by ALM / Law.com in The Intellectual Property Strategist. However, generative AI is susceptible to the same subject matter eligibility issues that have sunk countless patent applications involving various machine learning technologies. A common defect is claim scope.
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CALL FOR TRYOUTS – USPTO National Patent Application Drafting Competition
IPilogue
OCTOBER 12, 2021
We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .
Artificial Intelligence system as inventor in South African patent application: The case of DABUS
The IPKat
AUGUST 16, 2021
Late last month, South Africa's Companies and Intellectual Property Commission (CIPC) became the first Patent Office in the world to award a patent that names an artificial intelligence as the inventor of a product. a machine/device) to be named as the inventor in a patent application. See Rule 4.1.
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Special 301 Report 2023: Reflections from Public Health Perspective
SpicyIP
MAY 17, 2023
It puts India on a “Priority Watch List Category” for the outstanding and new issues which allegedly affect United States (US) based intellectual property-intensive industries (p. The report shows specific concern about patents among the other intellectual property issues. 59, para 1).
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