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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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G 2/21 applied to software inventions (T 0687/22)

The IPKat

The EPO Board of Appeal decision in T 0687/22 confirms beyond doubt the relevance of G 2/21 to software inventions. The decision in T 0687/22 links the case law from G 1/19 and G 2/21 to highlight t he importance of establishing a credible technical effect of software invention. Headnote II).

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Patent Protection on AI Inventions

Intellectual Property Law Blog

In the following sections, we will discuss an illustrative list of subject areas that may offer patentable AI inventions. (1) However, inventors often need to improve various aspects of an existing AI system to make it fit and work for their applications. 1) Training phase.

Invention 242
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Excluding a technical feature is not inventive without evidence of a technical effect (T 1865/22)

The IPKat

The recent Board of Appeal decision in T 1865/22 considered the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The problem-solution places heavy emphasis on the problem to be solved by the invention in view of the closest prior art.

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Recentive: Federal Circuit’s Patent-Eligibility Guideposts for Machine-Learning Inventions

JD Supra Law

In one of the first cases from the Federal Circuit addressing patent eligibility for machine-learning (ML) inventions, the court ruled that applying generic ML techniques to a new data environment to automate a task previously performed by humansin this case, event schedulingis an abstract idea and thus not patent-eligible, even if the claim includes (..)

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The UPC in 2024: Statistics, Trends and Substantive Law

IP Watchdog

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.

Law 98
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Madras High Court holds that not all inventions must yield physical products to be patentable

Selvam & Selvam Blog

The application, titled Method of Preheating and Controlling the Temperature of Fuel Injected into a Combustion Engine, was refused by the Deputy Controller of Patents and Designs on the ground that the invention fell under the exclusions listed in Section 3(m) of the Patents Act.