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In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patentapplications categorized by AI component in the U.S. However, inventors often need to improve various aspects of an existing AI system to make it fit and work for their applications. from 1990-2018.
Recently the MHC remanded a matter back to the Controller for re-consideration on whether the cited prior art would render the invention obvious in light of the explanation in the specification. Interestingly, the impugned order by the Controller has already held the invention to be obvious based on the claims filed by the applicant.
Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. MPEP Sections to Know – Especially for AI Inventions.
We’re pleased to bring to you a 2 part guest post by Amit Tailor on the question of when a patentapplication can be divided, that came up in the recent case of Boehringer Ingelheim vs. The Controller. When can/not a PatentApplication be Divided? The Parent Application Must have “Plurality of Inventions”.
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.
Inventors and patent practitioners filing patentapplications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. the Office is aware of and evaluates the teachings of all information material to patentability.”
This second part continues where that post left off, and brings us analysis on whether or not, for the purposes of maintaining a divisional application, there must be a plurality of inventions in the claims of the parent application. When can/not a PatentApplication be Divided? Part II: Claims & Pluralities.
What is the purpose of a provisional patentapplication? To know how to write a provisional patentapplication (PPA) well, you must first understand its purpose. If the disclosure in your provisional is scant, then your provisional application will not be worth much from a legal perspective. Absolutely.
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.
As artificial intelligence progresses at an unprecedented pace, numerous cases have emerged where generative AI has played a crucial role in conceiving an invention. This raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor.
The looming threat is the pending patentapplications by Gilead in India. A Look at the Pre-Grant Oppositions Gilead has multiple patentapplications for Lenacapavir in India, including those seeking patents on its choline and sodium salts. and the oppositions raised against these applications.
We all know that a patentapplication can be a significant asset to a company and its valuation. However, too many companies mistakenly believe that all software is not patentable. As a result, they are failing to file patentapplications that can provide value now, as well as in the future. By: Baker Donelson
Boards of Appeal have interpreted G 2/21 as permitting patentees to rely on technical effects for which the application as filed is completely silent ( IPKat , IPKat ). The decision in T 0258/21 is therefore not surprising, and confirms that whilst G 2/21 is broadly favourable to patentees, it does not permit armchair inventing.
Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file the utility patentapplication with the color drawings or photographs?
There is a split developing in the world over whether artificial intelligence software (AI) can be listed as an inventor on a patentapplication. In September 2021, the district court held that there was “overwhelming evidence” that Congress defined the term inventor in the Patent Act to include only natural persons.
Will arguments be necessary in your utility patentapplication? Nine out of ten utility patentapplications will get rejected at least once. So, yes, arguments will be required in the vast majority of utility patentapplications. Trademark examiners are lawyers , and patent examiners are not.
Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. Additional detail on each case is provided below.
Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. July 31, 2024). 35 U.S.C. § In Sanho v.
Focus on what matters most So much can be said, and has been said, about the patentapplication process. To avoid information overload, let’s get back to the most basic things you need to know to file a patentapplication. When do you need to patent an idea? Patent deadlines are critical.
While a court may resolve the dispute over inventorship for the patentapplication, court review of current inventorship rules could be a slippery slope to chaos. patentapplication was filed by Moderna, with no NIH scientists listed as inventors. patentapplication.
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? G 2/21 is therefore open to a certain degree of interpretation.
Patent and Trademark Office announced the winner of this year’s National PatentApplication Drafting Competition (NPADC), the University of Missouri-Kansas City School of Law. I would encourage any law student interested in pursuing a career in patent prosecution to consider participating in the competition next year.
In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patentapplications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).
The minutes are brief but confirm the Board of Appeal's decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. The inventive step of the claimed invention was acknowledged based on the post-published data submitted by the Patentee. How many moths needed for an invention?
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. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patentapplications. Stephen Thaler and Prof.
Enablement Section 112(a) of the Patent Act requires that a patent specification includes “a written description of the invention, and of the manner and process of making an using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art…to make and use the same.
. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g). patent system from a first-to-invent system to a first-to-file system.
In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patentapplications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).
An unorganized capacity to respond to such rejection challenges often leaves the practitioner with very little alternative but to amend claims in a manner that narrows protection to less than what the applicant’sinvention should have received.
Continuing on from the previous blogpost , we bring you part 2 of Amit Tailor’s two part series on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patentapplication can be amended under the Patents Act. Author: Amit Tailor.
The second half of the post is what all patent prosecutors need to read because it delves into “magic language” – binding statements – in describing the invention. = = = Let’s start with eligibility of the ‘443 patent. And column three is called summary of the invention.
On 12 February 2024, the United States Patent and Trademark Office (USPTO) announced with a press release the publication of its Inventorship Guidance for AI-Assisted Inventions (Guidance). The guidance embraces the use of AI in innovation and provides that AI-assisted inventions are not categorically unpatentable.
The United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit have both previously held that an artificial intelligence (AI) system cannot be a sole inventor on a patentapplication since each inventor must be a human being. By: Manatt, Phelps & Phillips, LLP
The Board of Appeal had previously announced its decision to refuse two European patentapplications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ). The patentapplications purportedly relate to the inventions of an AI ("DABUS").
In 2023, the Patent Trial and Appeal Board (PTAB) reversed examiners’ decisions in about 30% of appeals, and only in about 7% of appeals related to patentapplications for business methods, which include financial technology (fintech) inventions.
Recently, the Indian Patent Office rejected a patentapplication by UPL Ltd. for lack of sufficient disclosure mandated under Section 10(4) of the Patents Act. At the heart of this bargain lies Section 10(4) of the Patents Act of 1970 which delineates the parameters of a complete specification.
With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. Further, the USPTO has issued thousands of inventions that utilize AI.
On appeal from an inter partes review (IPR), the Federal Circuit held that, under pre-America Invents Act (pre-AIA) law, a published patentapplication is prior art as of its filing date as opposed to its later date of publication.
Patent and Trademark Office (USPTO) has issued guidance regarding patent eligibility with respect to patenting artificial intelligence (AI) inventions. See an overview of the eligibility test applied by the USPTO.
To be specific, market research performed before filing a PatentApplication or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. He would also understand the profitability and commercial viability of his invention.
by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. The petitioner argues that the Federal Circuit’s test, established in Antares Pharma, Inc.
Many patentapplications are not fully reduced-to-practice by the time the patentapplication is filed. Although reduction-to-practice is a required element of invention, the Courts and Patent Office have long permitted the filing of a patentapplication to constructively satisfy the RTP requirement.
Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). She spent a decade at Google leading their patent team. . The transition to a first inventor to file system was needed to harmonize the U.S. with the rest of the world.
To this end, numerous companies are filing patentapplications for inventions involving AI. Many of these innovators do not have an AI background, however, and have never filed AI-based patentapplications before. By: Procopio, Cory, Hargreaves & Savitch LLP
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