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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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Patent Protection on AI Inventions

Intellectual Property Law Blog

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. AI patent activities by year. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development.

Invention 242
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Embio Ltd. v. Malladi Drugs: Madras High Court Clarifies the Extent of Burden of Proof in Matters concerning Patent Revocation

SpicyIP

Malladi Drugs, SpicyIP Intern Bhuwan Sarine analyses the Court’s finding on the burden of proof in patent matters concerning revocation petitions. student at National Law School of India University, Bengaluru. 64 of the Patents Act, 1970 (“the Act”). Thus, all three elements of ‘inventive step’ under s.

Invention 105
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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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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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Madras High Court holds that not all inventions must yield physical products to be patentable

Selvam & Selvam Blog

Robert Bosch Limited, filed an appeal before the Madras High Court, challenging the rejection of their Indian Patent Application No. The FER also cited Section 3(d), excluding claims 1 to 6 from patentability. Counsel for the appellant argued that the Controller erred in applying Section 3(m) to the claimed invention.

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The UPC in 2024: Statistics, Trends and Substantive Law

IP Watchdog

This year saw the start of the Unified Patent Court (UPC) issuing substantive decisions. The Court has granted injunctions in all cases where a patent has been found to be valid and infringed (including Standard Essential Patent (SEP) cases). The Court has been effective in resolving cases within a year.

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