Patently-O

MAY 15, 2024

as a major turning point in American patent and antitrust law. The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. Soon thereafter, the “Oldfield Bill” proposed a number of limitations on patent rights.

Patent Law 111

Patent Law Patent Law Invention 111

Patently-O

JUNE 28, 2022

The following year, Congress passed the first patent act that was then signed-into law by President George Washington. The new law eliminated the female pronoun “she.” Although the records are unclear, I have not seen any indication that any of the patents issued 1790-1793 were awarded to women inventors.

Patent Law 103

Patent Law Law Inventor Patent 103

Patently-O

MAY 18, 2023

The Patent Act requires that patent applicant describes the invention in explicit terms to enable any person skilled in the art to make and use the invention. In other words, the specification must enable the full scope of the invention as defined by its claims. 405 (1908) (“[T]he claims measure the invention.”).

Patent Law 122

Patent Law Law Patent Invention 122

Patently-O

AUGUST 22, 2022

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

Patent Law 91

Patent Law Law Patent Invention 91

Patently-O

SEPTEMBER 20, 2021

That provision states that an individual’s capacity to sue is determined by “the law of the individual’s domicile.” In patent law, we also have the “ Kessler doctrine,” which sits between the two. Hu’s inventions, for instance, cover various ways to make use of quantum entanglement.

Patent Law 106

Patent Law Law Patent Art 106

IP Watchdog

SEPTEMBER 16, 2021

When the America Invents Act (AIA) was before Congress a decade ago, it was heralded as the first comprehensive patent law since the 1952 Act. Ten years’ perspective on the new law, however, shows that its changes to patent policy have been more evolution rather than revolution.

Invention 124

Invention Patent Patent Law Law 124

IP Watchdog

JULY 14, 2022

The idea of patented inventions brings to mind machines fully realized - flying contraptions and engines with gears and pistons operating in coherent symphony. The AI inventor’s ways are antithetical to the principles of patent writing, where inventions are described in terms of what does what, why, how, and how often.

Patent Law 137

Patent Law Patent Inventor Invention 137

IP Watchdog

SEPTEMBER 16, 2021

During IPWatchdog LIVE 2021 in Dallas, Texas, I asked a handful of willing attendees for their thoughts on the impact of the America Invents Act (AIA) in anticipation of today, the ten-year anniversary of the day President Barack Obama signed the AIA into law. patent laws. innovation.

Invention 124

Invention Inventor IP Patent Law 124

Intellectual Property Law Blog

DECEMBER 21, 2023

The Federal Circuit disagreed and noted that in any event, a reference does not teach away if it merely expresses a general preference for an alternative invention but does not criticize, discredit or otherwise discourage investigation into the invention claimed (citing UCB, Inc. Actavis Laby’s UT, Inc. , 4th 679, 692 (Fed.

Patent Law 147

Patent Law Patent Law Art 147

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.

Inventor 130

Inventor Invention Patent Designs 130

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?

Personality Rights 103

Personality Rights Trademark Social Media Patent Law 103

Patently-O

AUGUST 5, 2022

Patent Law, because the U.S. Patent Act was amended in 2011 to expressly require that inventors be “individuals.” In its newest decision on the topic, the Federal Circuit declares instead, for the purposes of patent law, an inventor must be human. The word individual is important for U.S. 35 U.S.C. § 100(f) (2022).

Invention 100

Invention Inventor Patent Law Patent 100

Patently-O

DECEMBER 5, 2021

Crunch admits that all of the elements of his invention were individually available in the prior art. In particular, mini-trampolines with handles were already available, as were touch screens for displaying real-time instructions.

Patent Law 111

Patent Law Law Patent Art 111

Patently-O

OCTOBER 10, 2022

Today in Patent Law Class, we covered the Supreme Court’s important decision in Markman v. 370 (1996) focusing on the question of whether the patentee has a 7th Amendment right to have a jury decide “genuine factual disputes about the meaning of a patent?” by Dennis Crouch. Westview Instruments, Inc.,

Patent Law 97

Patent Law Law Patent Invention 97

SpicyIP

AUGUST 1, 2021

In this 2-part post, in part I, I will be analyzing the suggested amendments to Section 3 of the Patents Act (the substantial provisions) and part II will cover the suggested amendments to some of the procedural provisions of the Act. Section 3 of the Patents Act creates a list of restrictions on what inventions are not patentable.

Reporting 108

Reporting Patent Law Law Patent 108

IP Watchdog

FEBRUARY 16, 2022

Nine months in, and we are still awaiting the Biden administration’s decision as to whether the law of patent eligibility should be clarified. Neapco Holdings, LLC—a case in which a method for manufacturing vehicle driveshafts was deemed ineligible under 35 USC § 101 as being directed to a law of nature.

Law 128

Law Patent Invention Patent Law 128

Patently-O

NOVEMBER 13, 2023

by Dennis Crouch Berkely Center for Law & Technology is hosting a great half-day virtual-conference this week: “AI as an Inventing Tool – it’s Implications for Patent Law” organized by Prof. Rob Merge s, Dr. Yuan Hao (PhD), and Prof. Colleen Chien. Hope to see you online!

Invention 69

Invention Patent Law Law Art 69

The IPKat

MARCH 24, 2023

In order to understand whether a purported technical effect may be relied on for inventive step, the EBA concludes that the substantive question remains what would the skilled person understand from the application as filed? For the EBA, the substantive question at the heart of G 2/21 is a familiar one that needs no reference to plausibility.

Invention 131

Invention Publishing Patent Art 131

Patently-O

AUGUST 4, 2021

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. Does substantive South African patent law preclude AI inventorship? Was granting the patent a mistake? Stephen Thaler and Prof.

Invention 128

Invention Patent Inventor Intellectual Property 128

SpicyIP

AUGUST 1, 2021

A significant portion of the suggested reforms to the Patents Act is dedicated to recommendations on loosening the procedural norms of patent filing and patent examination. It is also an aspect that figures mostly at the end of the innovation cycle and not at the beginning.

Reporting 136

Reporting Patent Law Patent Application Patent 136

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.

Patent 52

Patent Inventor Invention Patent Law 52

Patently-O

FEBRUARY 24, 2022

and (2) Is eligibility a pure questions of law (based upon the claims); or does it also involve a “question of fact for the jury based upon the state of the art at the time of the patent?” The invention in Yu was a multi-lens camera deemed abstract by the Federal Circuit. Alice Step 1). 2022)(forthcoming).

Patent Law 95

Patent Law Law Patent Litigation 95

Intepat

JANUARY 15, 2024

This section mandates that a patent applicant must identify the inventor and, if the applicant is not the inventor, explain how they derived the right to the patent. Mr. Thaler’s stance was clear: DABUS, as the AI behind the inventions, should be recognized as the inventor.

Inventor 94

Inventor Patent Law Invention Law 94

The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v. And, nothing in the Act dictates the contrary conclusion.

Invention 98

Invention Inventor Patent Moral Rights 98

JD Supra Law

MARCH 25, 2024

have shed further light on the intersection of patent law and artificial intelligence (AI), particularly with respect to whether AI-generated inventions can be patented. Two recent developments, one in the U.S. and one in the U.K., By: Skadden, Arps, Slate, Meagher & Flom LLP

Patent Law 73

Patent Law Law Patent Invention 73

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).

Law 45

Law Patent Invention Patent Law 45

The IP Law Blog

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. Stephen L.

Inventor 96

Inventor Invention Patent Patent Application 96

Patently-O

MAY 10, 2022

DABUS apparently created two inventions–a “neural flame” and a “fractal container.” Rather, he says that it was DABUS who did the inventing. But, the PTO refused to issue the patent without a human listed inventor. be negated by the manner in which the invention was made.”

Invention 100

Invention Inventor Patent Litigation 100

JD Supra Law

MARCH 29, 2022

(Part 1 of a 4 Part Series) - The application of innovative data driven approaches such as bioinformatics and artificial intelligence to the life science sector has brought about a change in way that biological inventions can be protected by patent laws.

Invention 95

Invention Patent Application Patent Law Business 95

The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed. here , at 792].

Patent Law 72

Patent Law Law Patent Invention 72

Patently-O

JUNE 6, 2024

According to the complaint [ SDNY-1-24-cv-04156-1 ], in 2020 Neuropublic retained Ladas & Parry to assess the patentability of its innovative “telemeter station” technology for the agriculture industry. “Neuropublic’s Proposed Invention Disclosure has been otherwise confidentially maintained and protected in Greek.”

Confidentiality 113

Confidentiality Law IP Invention 113

JD Supra Law

JANUARY 4, 2024

In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law.

Inventor 75

Inventor Patent Law Law Patent 75

IPilogue

JUNE 2, 2022

Michelle Mao is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations.

Invention 110

Invention Ownership Intellectual Property Inventor 110

Patently-O

NOVEMBER 3, 2021

Ebrahim is visiting at Iowa Law this semester, where he’s teaching Cybercrime & Security and Entrepreneurship Law & Ethics. His research interests are broad, and he recently completed a comparative work examining patents in Islamic law. patent law. Professor Tabrez Y.

Law 106

Law Patent Intellectual Property Patent Infringement 106

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. You can think of this as following Hook’s law up to the point of maximum elongation; at that point it effectively becomes an un-stretchable rope. Lisa did not otherwise significantly contribute to the conception of the invention.

Patent Law 78

Patent Law Law Patent Patent Application 78

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.

Invention 109

Invention Inventor Patent Patent Application 109

The IPKat

AUGUST 4, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

Invention 98

Invention Art Patent Reporting 98