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Legal Lessons from Holiday Lights: Clarity in Patent Drafting

LexBlog IP

This jolly invention lights up each branch individually, featuring a central bus wire nestled near the trunk, branching into 5 to 10 light circuits, each sporting 10 to 20 bulbs. Indefinite language refers to language that is ambiguous, unclear, or too vague. § 112, and will also lead to problems during litigation.

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Narrowing the Analogous Arts with a Problem-Solution Statement

Patently-O

The Patent Trial and Appeal Board’s sided with the patentee, holding that a key prior art reference was not analogous art. This case also raises questions about the value of explicitly stating the problem solved within the patent document, and perhaps directly in the patent claims. 22-1138, — F.4th

Art 54
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EPO Decisions – The Not So Holy Grail?

SpicyIP

Image from here Issues related to patent quality are pressing and worrying, even a standard measure of monitoring patent quality has been difficult. Of late, even in the EU, there has been an increased focus on the quality of patents in response to the rise of business models centered around patent litigation.

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Adding matter by cherry-picking from separate embodiments: Philip Morris v BAT ([2023] EWHC 2616 (Pat))

The IPKat

PM sought revocation of the patent, and BAT counterclaimed infringement of the patent by PM's heat-not-burn IQOS ILUMA device. During proceedings, BAT submitted an amendment to the claims in an attempt to overcome invalidity for inventive step. Final thoughts: Added matter versus patent profanity?

Invention 111
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ChatGPT and Intellectual Property (IP) related Topics

LexBlog IP

The “Chat” in ChatGPT refers to this question-and-answer design, where ChatGPT behaves like a ChatBot. The “GPT” in ChatGPT refers to the type of AI model that ChatGPT is, i.e., a G enerative P re-trained T ransformer. Patents: Inventorship Can an AI, such as ChatGPT, invent?