JD Supra Law

DECEMBER 5, 2024

However, obtaining patent protection for AI/ML-based inventions in life sciences can be difficult, particularly due to the challenges posed by US Patent & Trademark Office (USPTO) rejections under 35 U.S.C. § 101, which governs patentable subject matter.

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Invention Intellectual Property Trademark Patent 70

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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Inventor Invention Patent Design 130

SpicyIP

OCTOBER 29, 2024

While the Court’s analysis touched upon multiple aspects of patentability and revocation, including ‘novelty,’ ‘inventive step,’ ‘non-obviousness’ and ‘person interested,’ the most significant point was related to the burden of proof in matters concerning patent revocation petitions. Thus, all three elements of ‘inventive step’ under s.

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Invention Art Patent Intellectual Property Law 105

Intellectual Property Law Blog

FEBRUARY 21, 2024

patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention. With the advent of such AI-assisted inventions, the USPTO is rethinking its requirements regarding the duty of disclosure. Everyone involved in the filing and prosecution of a U.S.

Invention 130

Invention Inventor Patent Application Patent 130

SpicyIP

AUGUST 29, 2024

Recently the MHC remanded a matter back to the Controller for re-consideration on whether the cited prior art would render the invention obvious in light of the explanation in the specification. Interestingly, the impugned order by the Controller has already held the invention to be obvious based on the claims filed by the applicant.

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Invention Patent Application Art Patent 114

JD Supra Law

JANUARY 28, 2025

Over the past two years, the Senate and House have held public hearings to address how, if at all, AI should be regulated and to what extent IP rights should inhere in AI-assisted inventions and creative works. Most recently, in April 2024, the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet.

Invention 65

Invention Intellectual Property IP 65

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

JD Supra Law

AUGUST 15, 2024

While the manufacturer always kept the exact formula a secret, the Federal Circuit still said the sale of the end product (Ace-K sweetener) to Coca-Cola meant that the invention was being sold “publicly”. By: Farella Braun + Martel LLP

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Invention Patent 108

JD Supra Law

AUGUST 20, 2024

ITC, the Federal Circuit addressed whether the America Invents Act (“AIA”) changed the on-sale bar such that the sale of a product made using a secret process would no longer invalidate later-sought claims on that process. In Celanese Int’l Corp. By: A&O Shearman

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Invention Patent 117

JD Supra Law

FEBRUARY 22, 2024

A very important question at the intersection of AI and IP is: how do we define inventorship in situations where artificial intelligence plays a role in the creation of an invention? By: Smart & Biggar

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Invention Intellectual Property Law Intellectual Property IP 115

JD Supra Law

SEPTEMBER 5, 2024

The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent. By: BakerHostetler

Invention 113

Invention Art Patent 113

JD Supra Law

JANUARY 11, 2024

This past Friday, a federal district court held that the mere fact of combining certain natural products – such as isolated, naturally occurring AAV sequences and a heterologous non-AAV sequence – and putting them into a cultured host cell, without some change, does not give rise to a patent eligible invention under 35 U.S.C. §

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Invention Patent 118

IP Watchdog

JANUARY 12, 2025

The invalidation rate of patents in America Invents Act (AIA) proceedings, particularly inter partes reviews (IPRs), has been extremely high since the inception of the Patent Trial and Appeal Board (PTAB). Currently, a patent reaching a final written decision in an IPR will on average have 78% of its claims found invalid.

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Invention Patent Government Intellectual Property 105

IP Watchdog

DECEMBER 30, 2024

From the Supreme Courts decision to abrograte the Chevron decision, thereby changing the standard for agency deference by the courts, to movement on some of the most potentially game-changing patent legislation to be introduced since the America Invents Act, there is a lot to choose from when it comes to what mattered in 2024.

IP 119

IP Invention Law Patent 119

Erik K Pelton

FEBRUARY 4, 2025

” Patent covers inventions that are novel, original, and have some sort of industrial utility, such as equipment or machinery. Some of the chips, cameras, and mechanical features that make up the iPhone could be patentable inventions and devices.

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Trademark Copyright Intellectual Property Patent 130

Patently-O

NOVEMBER 18, 2024

This steady rise in team-based inventing reflects fundamental changes in how innovation occurs and how the patent system operates. by Dennis Crouch New data from the USPTO shows that the amazing transformation in patent inventorship continues: the average number of inventors per utility patent has reached 3.2 in 2024, nearly double the 1.7

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Inventor Patent Invention 110

The IPKat

JANUARY 22, 2025

Legal Background: Sufficiency of disclosure for second medical use claims Under established EPO practice, the assessment of sufficiency under Article 83 EPC requires that a skilled person be able to reproduce the claimed invention using the teaching of the patent application as filed and common general knowledge.

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Patent Invention Publishing Art 104

JD Supra Law

APRIL 30, 2024

In the 1950’s, Alan Turing famously asked, “Can machines think?” Decades later, artificial intelligence—a term coined after Turing’s death—has become a facet of our everyday lives. Artificial Intelligence (AI) can be used to improve efficiency, predict outcomes with a high degree of accuracy, and even create new data and solutions.

Invention 119

Invention Patent Law Law Government 119

JD Supra Law

MARCH 10, 2025

For a business planning to market a product that incorporates an invention, having an enforceable patent to protect the invention is often desirable. By: Amundsen Davis LLC

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Public Use Patent Invention Patent Application 70

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 ).

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Invention Patent Law Art 63

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.

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Patent Application Invention Patent Public Domain 64

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. The decision also provides some useful guidance on establishing inventive step for epitope claims.

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Invention Patent Art Patent Application 74

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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Invention Art Inventor Patent 246

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.

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Invention Patent Design Designs 137

IP Watchdog

DECEMBER 17, 2024

The UPCs approach to added subject matter so far aligns closely with European Patent Office (EPO) practice but its approach to inventive step differs. Key legal principles were clarified, including claim construction and requirements for the granting of provisional measures.

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Law Invention Patent Litigation 98

JD Supra Law

MARCH 7, 2025

Inventions made in a particular country are generally first-filed in that country before entering the United States via a direct Paris Convention filing or, more commonly, a PCT national stage entry. Convenience, national pride, and foreign filing license laws encourage such home country first-filings. By: Goodwin

Invention 65

Invention Litigation Licensing Patent 65

JD Supra Law

NOVEMBER 1, 2024

Patent 6,855,224, an invention that makes it easy to transfer intricate designs onto pumpkin surfaces. Among the cauldron of Halloween patents, one particularly clever design stands out: a patented method for decorating pumpkins (and, technically, other fruits…but we’re not holding our breath for Halloween coconuts). By: Seyfarth Shaw LLP

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Design Designs Inventor Patent 86

The IPKat

JANUARY 28, 2025

The test appears relatively patentee-friendly, with the Local Division finding infringement of the claims despite the alleged infringement lacking explicit features of the invention as defined by the claims. Is the allegedly infringing product novel and inventive over the prior art?

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Invention Art Patent Designs 90

IP Watchdog

DECEMBER 31, 2024

In fact, virtually every invention of consequence during the Industrial Revolution was patented, and patents played a major role in encouraging investment and innovations actually making it to market, just as patents continue to play a similar vital role in the virtuous cycle of innovation.

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Invention Patent Marketing Marketing 69

JD Supra Law

JANUARY 20, 2025

Following the Inventorship Guidance for AI-Assisted Inventions, the United States Patent & Trademark Office (USPTO) has published a set of frequently asked questions (FAQs) and answers regarding the guidance. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Invention Publishing IP Trademark 73

JD Supra Law

FEBRUARY 18, 2025

Unity of invention and double patenting law and practice in Canada can create challenges for patent applicants. For example, applicants may not expect a unity of invention objection to be raised, requiring claims to be cancelled from an application and, if so desired, pursued separately in one or more divisional applications.

Invention 70

Invention Patent Patent Application Patent Law 70

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 (..)

Patent Application 65

Patent Application Invention Intellectual Property Patent 65

IP and Legal Filings

DECEMBER 19, 2024

Many courts tried to determine whether a software invention is abstract by devising several tests to determine whether any invention related to computers might be patentable. In the instant case the term inventive step was stretched over the economic value of the inventive. In Bishwanath Prasad Radhey Shyam v.

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Technology Invention Patent Intellectual Property 52

JD Supra Law

MARCH 27, 2025

Court of Appeals for the Federal Circuit, which denied patent rights for an invention by AI. Court of Appeals for the District of Columbia affirmed that the Copyright Act of 1976 does not protect works created entirely by AI. The courts decision in Thaler v. Perlmutter follows a similar conclusion by the U.S. By: Carlton Fields

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Copyright Intellectual Property Invention Patent 62

JD Supra Law

MARCH 24, 2025

This decision follows a similar conclusion by the Federal Circuit regarding the possibility of patent rights for an invention by an AI. - Circuit held this week that the Copyright Act does not protect works created entirely by AI. By: Foley Hoag LLP

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Artwork Copyright Invention Patent 62

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.

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Intellectual Property Registration Design Designs 83

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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Invention Patent Application Inventor Government 162