IP Watchdog

OCTOBER 19, 2022

which reversed a Rule 12(b)(6) dismissal on patent ineligibility under 35 U.S.C. § This case demonstrates how an invention that is potentially assailable on eligibility grounds can be given its best chance by a focused, consistent and synergistic patent prosecution and litigation strategy. Kollective Technology, Inc.,

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IP Watchdog

FEBRUARY 29, 2024

On February 20, 2024, a Brazilian congress member, Antônio Luiz Rodrigues Mano Júnior (known as Júnior Mano), introduced a bill to amend the national IP Statute (Law #9,279/96) and regulate the ownership of inventions generated by artificial intelligence systems.

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The IPKat

AUGUST 13, 2024

OpenAI's approach to IP is often cited in the tech industry as an example of a radically new approach to IP. OpenAI has the reputation for protecting its innovations through the use of trade secrets as opposed to patents. This year, eleven OpenAI patents and patent applications have been published. Who are OpenAI?

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SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Lectro E-Mobility.

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IP Law 360

JANUARY 2, 2025

Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, (..)

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SpicyIP

JULY 22, 2023

While there are a number of aspects covered by “Artificial Intelligence”, ranging from definitions to scope, from life-saving to life-threatening, there has been surprisingly limited public policy discussion on the intersection of AI and IP in India. Her area of interest lies in IP and corporate law. Arul Scaria).

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Patently-O

AUGUST 7, 2021

Here’s their announcement: The Elevate Your Prosecution 2021 conference on patent prosecution will be held in the Murano room of the Grand America in Salt Lake City on Friday, September 24 – Saturday, September 25. Mike Bohn (VLP Law Group LLP): Surviving, Pivoting, and Thriving in the Changing Global IP Marketplace.

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LexBlog IP

AUGUST 9, 2022

What is at the core of invention? All inventions boil down to applying some natural law , but where is the line between natural law and invention? ” The most recent Supreme Court case which granted certiorari with regard to an “inventive concept” is Alice Corp. .” By: Banks Griffin.

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IP Watchdog

AUGUST 7, 2021

The number of artificial intelligence (AI) patent applications received annually by the United States Patent and Trademark Office (USPTO) grew from 30,000 in 2002 to more than 60,000 in 2018. Further, the USPTO has issued thousands of inventions that utilize AI.

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The IP Law Blog

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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SpicyIP

NOVEMBER 7, 2022

Dear readers, as you may have noticed, after a bit of a slowdown, SpicyIP is once again picking up steam and we will be looking to bring you the spicy IP updates that you have been used to! Announcing Winners of 3 rd Shamnad Basheer Essay Competition on IP Law. Exploring the “Space” for Makeup Dupes in the Indian IP Framework”.

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Patently-O

JULY 8, 2021

This includes patent prosecution, enforcement, R&D, employment, innovation, sales, competition, etc. How is eligibility jurisprudence impacting the following: quantum computing; AI; precision medicine; diagnostic methods; pharmaceutical treatments; and other computer-related inventions?

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IP Watchdog

JANUARY 10, 2025

Court of Appeals for the Federal Circuit (CAFC) today affirmed a Patent Trial and Appeal Board (PTAB) decision that upheld an examiners rejection of certain claims of a patent application for a cancer immunotherapy invention. The opinion was authored by Judge Lourie.

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Patent Trademark Blog

FEBRUARY 15, 2023

How claim amendments lead to stronger patent arguments Before delving into patent arguments, we cannot ignore a key strategy that can make your arguments more persuasive. I’m now in my third decade of practicing patent law, and one reality has remained constant throughout my patent prosecution career.

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Biswajit Sarkar Copyright Blog

SEPTEMBER 9, 2022

CIPET: Institute of Petrochemicals Technology (IPT) at Patia, Bhubaneswar recently took an initiative for organizing a one-day workshop with the IP leading firm Biswajit Sarkar Advocates and IP Attorneys for inspiring young minds to create inventions and innovations so that those inventions can be later provided with patent protection.

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IP Watchdog

JULY 29, 2021

South Africa’s patent office has granted the first patent for an invention conceived by an artificial intelligence (AI) inventor, DABUS. The patent is for “a food container based on fractal geometry,” and was accepted by South Africa’s Companies and Intellectual Property Commission on June 24.

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SpicyIP

MARCH 16, 2023

Role of the Orders from the Patent Office in Appeals The court underlined the reliance of any appellate body on the order passed by its subordinate authority and the assistance it offers in framing a wholesome understanding of the issue at hand.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2021

The new principals in the IP Group are Dr. Moritz Ammelburg (Munich); Kenneth Darby (Austin); Dr. Hyun Jin In (D.C.); The diverse group represents clients across a range of industries and brings deep expertise in litigation, patent prosecution, post-grant proceedings and copyright and trademark counseling to their new roles.

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IPilogue

OCTOBER 21, 2021

Participants will have the opportunity to develop their patent prosecution skills by applying legal principles to a hypothetical invention scenario (“Invention Statement”) and appreciating the intricacies of drafting a patent specification and claims that are both patentable and valuable.

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IP Watchdog

MARCH 24, 2022

The demographic data were collected voluntarily in 2021from the 21 regional programs that administer the PPBP as part of the broader goal of diversifying the patent system. patents are women, while a Harvard study said that white individuals are three times more likely to invent than Black individuals.

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IPilogue

OCTOBER 12, 2021

Participants will have the opportunity to develop their patent prosecution skills by applying legal principles to a hypothetical invention scenario (“Invention Statement”) and appreciating the intricacies of drafting a patent specification and claims that are both patentable and valuable.

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IP Law 360

DECEMBER 3, 2024

Rule 132 declarations are frequently used in life sciences patent prosecution for rebutting obviousness rejections by establishing that an applicant's invention produces unexpected results, and the Patent Trial and Appeal Board's Eidschun ruling highlights when this important tool may be ineffective, say attorneys at Morrison Foerster.

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SpicyIP

JULY 31, 2023

But first, just to take a step back: What is a Product-by-Process Patent Claim? As a part of the patent bargain, an inventor must describe the invention and disclose the best method to perform it. This is explained by Christian Rupp here (paywalled), to mean any product having “fingerprints” of the specified process.

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IP Watchdog

MAY 14, 2024

Patent and Trademark Office’s (USPTO) recent Request for Comments (RFC) on the impact of artificial intelligence (AI) highlights a critical juncture in intellectual property law—evaluating the impact of generative AI (GenAI) on the non-obviousness standard.

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IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S.

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Kashishipr

NOVEMBER 24, 2021

One of such defenses is the doctrine of inequitable conduct, which is referred to as a breach of the duty of being honest or acting fraudulently in conduct while dealing with the Patent Office. It may so happen that the patent holder makes a misleading or misrepresenting or false disclosure of information, which is material to the invention.

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IP Watchdog

SEPTEMBER 28, 2022

An unorganized capacity to respond to such rejection challenges often leaves the practitioner with very little alternative but to amend claims in a manner that narrows protection to less than what the applicant’s invention should have received.

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Selvam & Selvam Blog

AUGUST 11, 2023

Although the order drew a chuckle on social media due to the sheer absurdity of its background, it highlights the difficulty and struggles IP practitioners and IP Owners have to go through to safeguard their rights. These are merely a few examples of the countless times the IPO or TMO has issued unreasoned and/or arbitrary decisions.

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The IP Law Blog

MARCH 30, 2023

Further, anyone holding rights in the invention must also qualify as a small entity. Therefore, not only is it important to select the proper entity status when filing a patent application, but it is also critical to recognize if and when an entity status changes.

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SpicyIP

JULY 13, 2023

One of the other main concerns raised by IPQC members is that, currently, the patent examination seems to be more biased in the favour of granting patents regardless of the merit of a particular invention. – The patent system needs complete searches and substantive examination for functioning well.

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The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. Whether in speeches, conferences, or articles, no subject engendered more IP conversation. If there was a rock-star matter in the patent world, it was the debate over trolls. Start with the sheer volume of patent applications. Focusing on the U.S.,

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SpicyIP

JANUARY 18, 2023

From the text it appears that the HNLU team relied on an underlying ‘study’ conducted by a renowned IP law firm. Neither HNLU nor the IP law firm has made the raw data available to the public nor have they clarified the basis of selecting or excluding the data that they have used for their ’study’.

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IP Watchdog

NOVEMBER 20, 2024

Patent and Trademark Office (USPTO) today published a final rule announcing across-the-board fee increases of 7.5% but scrapping the most controversial proposals from its April 2024 Notice of Proposed Rulemaking (NPRM). The changes will take effect as of January 19, 2025.

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IP Tech Blog

MARCH 15, 2022

It is effectively not possible at this time for attorneys in the United States to exchange documents or payments, on behalf of their clients, in any manner sufficient to permit normal patent prosecution practice inside Russia by non-Russian patent applicants. underlining added).

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LexBlog IP

MARCH 18, 2022

On February 28, 2022, the Patent Trial and Appeal Board (“ PTAB ”) issued a decision on priority in an interference proceeding between the Broad Institute, Inc. Second, the PTAB was also not persuaded by CVC’s assertion that CVC inventors, Drs. ’” Id. citation omitted). ” Id. at 25 (citation omitted).

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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.

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