IP Law 360

FEBRUARY 7, 2024

The number of America Invents Act petitions filed at the Patent Trial and Appeal Board decreased in 2023, according to a new report from Lex Machina — a dip that attorneys attribute to an overall drop in patent litigation.

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Litigation Patent Invention Reporting 45

Patently-O

JULY 9, 2024

Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent. The Federal Circuit’s Cellect decision addresses this concern.

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Patent Invention Inventor Litigation 119

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.

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Invention Art Patent Reporting 98

LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). 2022), and this release provides guidance regarding the open question of human inventorship for inventions developed by a person working with the assistance of an AI system. Vidal , 43 F.4th 4th 1207 (Fed.

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Invention Inventor Intellectual Property Law Intellectual Property 52

SpicyIP

SEPTEMBER 5, 2022

Moderna recently sued Pfizer alleging patent infringement of three out of eight patents that cover its Covid 19 vaccine (Spikevax). The sheer size of sales and revenue coupled with patent monopolies and the immense potential of the mRNA technology, makes both these entities King-like – rich, supreme and sometimes hypocritical.

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Litigation Patent Technology Ownership 135

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. A new prohibition on double patenting?

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Litigation Law Patent Invention 80

The IPKat

SEPTEMBER 3, 2024

But why does annual Belgian patent review come at the end of Summer every year? First, EP 873 was held prima facie invalid based on a lack of inventiveness. However, Mylan also relied on the fact that EP 2 137 537, the parent patent of EP 873, had been revoked for lack of inventive step by the Opposition Division of the EPO.

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Litigation Law Patent Invention 60

LexBlog IP

JANUARY 8, 2024

On January 5, 2024, in litigation between REGENXBIO and Sarepta Therapeutics, Judge Richard Andrews of the U.S. 10,526,617 (the ’617 Patent; licensed to REGENXBIO) is invalid as being directed to ineligible subject matter. A separate, related patent lawsuit filed by REGENXBIO and Penn against Sarepta and Catalent, Inc.

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Litigation Patent Inventor Invention 52

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.

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Invention Inventor Patent Moral Rights 98

IP Watchdog

OCTOBER 18, 2022

Systemic-level studies and data regarding impact on investment and innovation, as detailed in Part II of this series, are not the only way to demonstrate the substantial harm that the current state of patent eligibility has inflicted on the U.S. innovation ecosystem.

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Litigation Patent Invention Law 90

LexBlog IP

MARCH 10, 2023

Do You Need Multiple Patents for a Single, Multi-Use Invention? If your invention has multiple innovations or components, you may be wondering whether to file separate patent applications for each innovation or file one application for the entire invention. Does the single invention have different uses?

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Invention Patent Application Patent Licensing 52

SpicyIP

AUGUST 27, 2024

Balaji of the Madras High Court (MHC) delivered two decisions that overturned the Controller’s rejection of patent applications, siding with the appellants in both cases. Bitter Pill to Swallow: Controller’s Decision Overturned for Kyrorin’s Patent Application The first one is Kyorin Pharmaceutical Co v. 5360/CHENP/2010).

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Patent Art Invention Patent Application 98

LexBlog IP

MARCH 13, 2023

Combining Multiple Inventions in an Single Patent Application @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: However, is combining multiple related inventions into a single patent application worth the cost savings? important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display:

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Patent Application Invention Patent Licensing 52

Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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Invention Patent Inventor Intellectual Property 128

IP Watchdog

OCTOBER 19, 2022

We have found, however, that it is often the slow-and-steady truth that wins the race in our deliberative justice system, which for patents has both administrative and judicial components. which reversed a Rule 12(b)(6) dismissal on patent ineligibility under 35 U.S.C. § Kollective Technology, Inc.,

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Patent Prosecution Litigation Patent Invention 59

IP Law 360

AUGUST 12, 2022

Federal Court patent litigation during the America Invents Act's first decade shows that enforced high-tech litigation awards for small- and medium-size high-tech companies are rare and the process isn't easier, and the Restoring America Invents Act under consideration does not move the system toward rebalancing, say attorneys at Mintz.

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IP Close Up

SEPTEMBER 17, 2024

Eight patent-related bills intended to restore U.S. innovation prowess by making invention rights more reliable and redress for infringement less arduous have gone to Capitol Continue reading

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Invention Patent Litigation IP 55

JD Supra Law

JULY 23, 2024

On July 16, 2024, the United States Patent and Trademark Office (“USPTO”) issued new guidance on the patentability of AI-related inventions. Although the USPTO emphasized that its guidance does not change the law of 35 U.S.C. § By: A&O Shearman

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Technology Patent Patent Application Invention 68

IPilogue

MAY 31, 2022

Google’s contribution to the US patent system. Healthy patent systems can sometimes be described as a way to incentivize creative inventions, encourage building on existing ideas, and avoid frivolous litigation. Concern with the US patent system. Google also helped discover the License on Transfer Network.

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Patent Troll Patent Litigation Invention 118

JD Supra Law

FEBRUARY 20, 2024

Artificial intelligence (AI) cannot be the inventor or co-inventor on a patent but can be used as a tool. Patent and Trademark Office’s (USPTO) recently released Inventorship Guidance for AI-Assisted Inventions. That is the gist of the U.S. By: McGuireWoods LLP

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Inventor Litigation Invention Patent 63

Trading Secrets

OCTOBER 31, 2023

The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees. Instead, the language suggests that invention-assignment provisions in employment agreements executed on or after September 15, 2023, are unenforceable unless they comport with the new law.

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Invention Intellectual Property Law Business 59

Patently-O

JULY 9, 2024

by Dennis Crouch I recently provided a set of interesting data on the large number of patents that are “at risk” of being invalidated based on the Federal Circuit’s Cellect decision. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system. 4th 1216 (Fed.

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Patent Invention Patent Application Art 108

IP.com

JUNE 19, 2023

After legislation passed in 2013 prohibited patents on naturally occurring genes and invalidated previously issued patents, the process for gene patenting has become much more regulated.

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Invention Patent Litigation 98

The IPKat

AUGUST 24, 2023

While the AmeriKat is still recovering from 2020, her Belgian Katfriends sum-up what was 2022 in Belgian patent litigation 'Tis the season for a look at the cases that were in 2022 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2023.

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Litigation Law Patent Invention 52

JD Supra Law

FEBRUARY 15, 2024

In 2023, Fintiv—the precedential Order issued in 2020 that established a six-factor framework that the Patent Trial and Appeal Board (PTAB) applies when evaluating whether to exercise its discretion to institute an America Invents Act (AIA) trial when there is co-pending litigation—continued to grab headlines and spark controversy.

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Litigation Invention Reporting Patent 66

IP Close Up

NOVEMBER 17, 2022

The news in much of the inventing community is often doom and gloom, but for Stephen Key, a successful creator and entrepreneur, the opportunities faced Continue reading.

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Invention Licensing Patent Inventor 76

JD Supra Law

JUNE 6, 2024

Patents are typically the first thing that comes to mind when someone wants to protect an invention. If handled correctly, trade secret protection can be a more cost-efficient alternative to patent protection. But what is the best way to do that? There are alternatives, though. Many clients look to trade secret law.

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Litigation Intellectual Property Invention Business 61

Patently-O

AUGUST 22, 2024

has asked the Supreme Court to review 2024 Federal Circuit decision affirming the US International Trade Commission’s (ITC) finding of a Section 337 violation based on infringement of a TV-remote patent owned by Universal Electronics, Inc. by Dennis Crouch Roku, Inc.

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Patent Invention Government Patent Infringement 115

LexBlog IP

OCTOBER 31, 2023

The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees. Instead, the language suggests that invention-assignment provisions in employment agreements executed on or after September 15, 2023, are unenforceable unless they comport with the new law.

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Invention Intellectual Property Law Business 52

Patently-O

SEPTEMBER 29, 2021

Cornyn have introduced the “Restoring the America Invents Act” designed to further address problems caused by the USPTO’s issuance of “poor-quality patents.” The proposal is basically a wish list of patent-killers seeking to cancel patent rights via inter partes review. Text of the Proposal.

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Invention Patent Art Law 94

SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” Understanding Why the Patent Application Went Up in Flames The patent application (no. They also cited cases like Technograph v.

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Invention Patent Patent Application Government 94

The IPKat

DECEMBER 20, 2023

US patent attorneys wishing to understand certain peculiarities of European patent drafting need look no further than the recent Board of Appeal decision in T 2171/21. The decision may further help elucidate to the confused US attorney why their European colleagues continue to fill patent drafts with so-called US "patent profanities".

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Patent Invention Patent Drafting Patent Application 107

The IPKat

JULY 13, 2021

The Belgian cat is pricking her ears to catch up on last year's patent cases Still finding it difficult to keep up with an ever-changing world in the midst of a health, environmental, social and political crisis, while keeping up with patent law? The issues addressed in the decisions discussed below are very diverse.

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Litigation Law Patent Invention 64

Intepat

OCTOBER 10, 2024

Introduction Patent trolls are entities that do not actively develop their inventions but instead acquire patent rights for obvious inventions to prevent others from working on them or to collect licensing fees. In a way, patent trolls serve a purpose, much like lawyers.

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IP Watchdog

DECEMBER 21, 2021

In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. The neutering of software, e-commerce and algorithm patents are at least partly responsible but, amazingly, software-related patents represent almost two-thirds of U.S.

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LexBlog IP

AUGUST 9, 2022

What is at the core of invention? All inventions boil down to applying some natural law , but where is the line between natural law and invention? ” The most recent Supreme Court case which granted certiorari with regard to an “inventive concept” is Alice Corp. By: Banks Griffin. Axle & Mfg.

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LexBlog IP

MAY 26, 2023

But have you ever paused to wonder about the ingenious inventions that make your summer so unforgettable? Let’s dive into six patented ideas that have helped transform summer into the sunny delight we all treasure. The Bikini (Patent US169,867) Say ‘hello’ to the cheeky staple of summer – the bikini.

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