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Logical Fallacy in Patent Law: Analysing Abolkheir’s Challenge to the Soundness of Non-obviousness Test

SpicyIP

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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"Using AI tools to help assess inventive step": A response to the CIPA journal article

The IPKat

The cover article of the May 2024 edition of the CIPA Journal proposed a new test for inventive step using AI. The CIPA journal article proposes to use an AI derived measurement of semantic similarity between the claims and the prior art as a new test for inventive step.

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G 2/21 does not permit armchair inventing (T 0258/21)

The IPKat

The recent decision in T 0258/21 , by contrast, is the first interpretation of G 2/21 leading to a finding of a lack of inventive step in view of an inadequate disclosure of the purported technical effect. The closest prior art was identified as a journal article mentioning the use of clevidipine for the treatment of haemorrhagic stroke.

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Impact of AI on Global IP Systems

IIPRD

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. Specifically, artificial intelligence (AI) technologies have opened up new avenues for invention that only minimally entail human intervention.

IP 98
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Fish & Richardson Attorneys Megan Chacon and Crystal Culhane Named 2021 Women of Influence in Law by the San Diego Business Journal

Fish & Richardson Trademark & Copyright Thoughts

were recognized as 2021 Women of Influence in Law by the San Diego Business Journal. in chemistry from John Hopkins University to help clients ensure their life-saving drugs and inventions go to market. Southern California Principal Megan Chacon and Associate Crystal Culhane, Ph.D. Crystal Culhane draws upon her Ph.D.

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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Patent System Through November 2020 , 2021 PatentlyO Law Journal 27 (2021) ( Shine.2021.COVID-19Impact).

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Guest Post: DABUS Gains Traction: South Africa Becomes First Country to Recognize AI-Invented Patent

Patently-O

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. Like the ‘conception’ test in American patent law – the object of the test is to determine the identity of the ‘devisor’ of the invention.

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