The IPKat

DECEMBER 13, 2023

The case related to the novelty and inventive step of a second medical use claim. The Board of Appeal considered the appropriate application of EPO case law on the novelty of dosage regimes and selection inventions, and the reliance on an unexpected technical effect for inventive step.

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Invention Patent Law Art 122

SpicyIP

OCTOBER 29, 2024

student at National Law School of India University, Bengaluru. He is interested in Intellectual Property Laws and the dynamic intersection of law and technology, and seeks to pursue a career in academia and research. The Petitioner filed this revocation petition on the grounds of lack of novelty and inventive step.

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Invention Art Patent Intellectual Property Law 105

IP Watchdog

DECEMBER 30, 2024

The past year has included some monumental developments in the world of IP - and adjacent to IP - that will affect law and practice for years to come.

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IP Invention Law Patent 119

SpicyIP

NOVEMBER 30, 2024

Patent enthusiasts will be excited to know that a comprehensive commentary on Patent Law, authored by Adarsh Ramanujan (incidentally, a former blogger with SpicyIP), is set to be released on December 4, 2024! The commentary aims to provide a comprehensive and lucid exposition of patent law addressing grey areas in law and practice.

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Patent Law Law Patent Publishing 58

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 Designs 130

The IPKat

JANUARY 15, 2025

The Board of Appeal found that the invention in question was an offence against "human dignity" given that the scope of the claims included scenarios in which human cells could integrate into the the brain or germ-line of the chimeric animals specified in the claims.

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Invention Patent Application Patent Patent Law 102

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

JD Supra Law

APRIL 8, 2025

Together, they explore the intersection of intellectual property (IP) and employment law through the lens of the movie The Social Network. They discuss works made for hire, the impact of the Defend Trade Secrets Act, and the challenges employers of all sizes face in protecting their innovations and the inventions their employees create.

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Ownership Intellectual Property IP Law 59

The IPKat

OCTOBER 31, 2023

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. However, T 0258/21 related to subject matter for which the EPO has always required additional evidence.

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Invention Art Publishing Patent Application 122

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 105

The IPKat

SEPTEMBER 10, 2023

The minutes are brief but confirm the Board of Appeal's decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. The inventive step of the claimed invention was acknowledged based on the post-published data submitted by the Patentee. How many moths needed for an invention?

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Invention Publishing Law Patent Application 122

JD Supra Law

FEBRUARY 22, 2024

AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. 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?

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Invention Intellectual Property Law Intellectual Property IP 115

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. Sanho Corp. 2023-1336 (Fed. July 31, 2024).

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Invention Inventor Art Public Use 111

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 113

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.

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Invention Inventor Patent Application Patent 130

IP Close Up

OCTOBER 8, 2024

A Durham University law professor said that China has accomplished a bold transformation to a modern society that leads in innovation and respects domestic and Continue reading

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Law Invention Litigation IP 93

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.

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Invention Intellectual Property IP 65

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

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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Invention Inventor Patent Patent Application 109

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

Patently-O

JUNE 6, 2024

Neuropublic provided the firm with a detailed, confidential 21-page “Proposed Invention Disclosure” describing this technology. This prior art publication now jeopardizes Neuropublic’s ability to obtain patent protection on its invention, undermining years of research and development investment.

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Confidentiality Law IP Invention 113

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

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Invention Art Patent 113

IP Law 360

FEBRUARY 12, 2024

Patent and Trademark Office on Monday issued guidance on how it will determine whether inventions developed with the assistance of artificial intelligence can be patented, explaining that a human must have made a "significant contribution."

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Invention Patent Trademark 111

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. §

Invention 118

Invention Patent 118

Patently-O

FEBRUARY 5, 2025

by Dennis Crouch The well-worn advice to trial lawyers, famously captured by Carl Sandburg, has long been: "If the law is against you, pound on the facts. If the facts are against you, pound on the law. And, even in cases where the judge serves both roles, the law provides for a strict separation of role. See FRCP 52(a).

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Law Patent Invention Patent Law 45

JD Supra Law

APRIL 4, 2025

In 2024, not one but two Nobel Prizes (in Chemistry and Physics) were awarded to researchers for their work in artificial intelligence ("AI").

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Invention 68

IP Watchdog

OCTOBER 1, 2023

In a nutshell, the bill, if passed, would return us to a time when Bilski was the law of the land, which will no doubt be welcomed by many innovators. Patent and Trademark Office (USPTO) examining corp.

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Invention Patent Designs Design 137

SpicyIP

NOVEMBER 11, 2024

recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. Taming the ‘LAION’: Lessons for Harmonising AI and Copyright Law Unpacking the Hamburg Regional Court’s landmark ruling in Robert Kneschke v. The Show Must Go On?

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Personality Rights Trademark Social Media Patent Law 103

The IPKat

FEBRUARY 13, 2025

Supplementary protection certificates (SPCs) are a complex area , so it was helpful that the CJEU had the opportunity to clarify some aspects of the law. The Court's answer is positive, provided that the combination for which another SPC is sought falls under the "invention" covered by the basic patent.

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Invention Public Domain Art Marketing 64

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 64

Intepat

APRIL 7, 2025

INTRODUCTION Patent legislation offers legal safeguarding for novel inventions once they have been patented by their creators. A patent , essentially a temporary monopoly, is bestowed upon the owner in exchange for disclosing the invention to the public. This system benefits both society and the inventor.

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Patent Inventor Invention Patent Law 52

SpicyIP

NOVEMBER 30, 2024

Deepali is a third-year law student at NLSIU Bangalore. 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. Her previous posts can be accessed here.

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Patent Application Invention Patent Public Domain 63

Patently-O

MAY 15, 2024

as a major turning point in American patent and antitrust law. ” The dissenters saw a fundamental distinction between a patentee’s exclusive rights in the patented invention itself versus contractual rights in unpatented articles used with the invention. .” But, that decision sparked a major reform effort.

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Patent Law Patent Law Invention 111

The IPKat

DECEMBER 19, 2024

The Law and Findings The decision was made under the previous Agri-GI Regulation ( 1151/2012 ). This actual use of the variety name extended to plants grown outside of the area protected by the PDO. This case demonstrates that the situation is different for pre-existing variety names.

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Law Designs Design Marketing 59

Intellectual Property Law Blog

JUNE 5, 2023

Background In 2015, Ironburg Inventions Ltd. . § 315(e)(2); and (2) the “skilled and diligent searcher” inquiry itself with respect to what a skilled and diligent searcher reasonably would have been expected to discover. Ironburg”) sued Valve Corporation (“Valve”) for infringing U.S. 8,641,525 (“the ’525 patent”).

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Invention Art Litigation Patent 130

SpicyIP

JANUARY 20, 2025

Section 100 empowers the central government to use, or authorise to use, an invention (application or grant) for the purposes of the government, on a non-commercial basis. This includes but is not limited to using the invention in case of national emergency or other situations of extreme urgency.

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Government Patent Invention Public Domain 118

IP and Legal Filings

FEBRUARY 24, 2025

INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. The functional test under law frequently coincides with the benefits for practical use bestowed by touch inventions, and there is often very little to disentangle the message of a trademark from its functional use. [3]

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Trademark Law Trademark Law Branding 52