Patently-O

APRIL 23, 2024

Patent and Trademark Office announced the winner of this year’s National Patent Application 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.

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Patent Application Law Patent Prosecution Patent 97

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. The Report recommends the shortening of this time frame to reduce delays that occur in the process of examining and granting patents.

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Reporting Patent Law Patent Application Patent 136

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. And, nothing in the Act dictates the contrary conclusion.

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IPilogue

SEPTEMBER 15, 2022

2021-2022 was a big year for the Osgoode’s mooting team entry for the USPTO National Patent Application Drafting Competition. We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! About the National Patent Application Drafting Competition.

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Patent Application Patent Patent Drafting Invention 81

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? G 2/21 is therefore open to a certain degree of interpretation.

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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.

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Invention Patent Application Patent Law Business 95

Patently-O

MAY 15, 2024

” The dissenters saw a fundamental distinction between a patentee’s exclusive rights in the patented invention itself versus contractual rights in unpatented articles used with the invention. Soon thereafter, the “Oldfield Bill” proposed a number of limitations on patent rights.

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Patent Law Patent Law Invention 111

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. The more one claims, the more one must enable.

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Patent Law Law Patent Invention 122

Intepat

JANUARY 15, 2024

Thaler, the applicant, approached the UK Patent Office with two patent applications. At the heart of this case lies a critical examination of the UK Patent Act 1977, specifically Section 13(2). Failing to comply would result in the application being considered withdrawn.

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IPilogue

OCTOBER 12, 2021

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! Originally created in 2014 as a midwest competition, the Competition is today a national inter-law school competition designed to introduce law students to issues arising in United States patent law.

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Patent Application Patent Drafting Patent Invention 78

Intellectual Property Law Blog

FEBRUARY 25, 2021

However, due to recent changes in patent law, it is more important than ever to ensure that you analyze the patentability of blockchain inventions in light of these changes to target inventions likely to result in patents. For more information, view our Flipbook. Data as of January 30, 2021 at USPTO.gov.

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The IPKat

AUGUST 16, 2021

In each of these jurisdictions, the question was whether the relevant patent laws may be interpreted as permitting an AI system (i.e. a machine/device) to be named as the inventor in a patent application. It follows then that such PCT applications are to be made in accordance with the PCT and Regulations under the PCT.

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IPilogue

OCTOBER 21, 2021

This is a reminder that submissions to try out for the annual National Patent Application Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .

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Patent Application Patent Drafting Patent Invention 81

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. Patent Appl.

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Inventor Invention Patent Patent Application 96

JD Supra Law

DECEMBER 11, 2023

By: Linda Liu & Partners

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Invention Patent Application Ownership Patent 72

SpicyIP

NOVEMBER 30, 2024

Patent enthusiasts will be excited to know that a comprehensive commentary on Patent Law, authored by Adarsh Ramanujan (incidentally, a former blogger with SpicyIP), is set to be released on December 4, 2024! The book is published collaboratively by Oakbridge Publishing Pvt. The panel will feature Justice Prathiba M.

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Patent Law Law Patent Publishing 59

Patently-O

DECEMBER 5, 2021

Crunch recently filed a utility patent application (February 2021) with the USPTO seeking to patent the following two claims: 1. Crunch admits that all of the elements of his invention were individually available in the prior art.

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Patent Law Law Patent Art 111

JD Supra Law

JANUARY 25, 2024

An AI system cannot be named as the inventor in a UK patent application – the inventor(s) must be human. Technical developments created by AI cannot be ‘inventions’ within the meaning of UK patent legislation. UK patent law does not allow patents to be granted in respect of inventions made autonomously by machines.

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Inventor Invention Patent Application Patent Law 69

IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Not surprisingly, there were a number of patent applications filed that bridged the March 16, 2013 AIA effective date.

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Invention Inventor Patent Application Patent Law 124

Intellectual Property Law Blog

OCTOBER 8, 2021

A recent court decision on whether an AI system can be named an inventor in a patent application provides a compelling reason for stakeholders in the artificial intelligence industry to respond to the request. The decision confirms that inventions generated by AI are not eligible for patent protection in the United States.

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Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. Lisa did not otherwise significantly contribute to the conception of the invention. Before filing the application, EL tried out several prototypes on the city streets and ski-slopes before settling upon a preferred approach. Question 3.

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Patent Law Law Patent Patent Application 78

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

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Patent Law Law Inventor Patent 96

SpicyIP

JULY 4, 2024

Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application! Despite the withdrawal of the appellant’s patent application, it was wrongfully published.

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Patently-O

APRIL 29, 2024

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.

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Invention Patent Law Technology 81

Larson & Larson

SEPTEMBER 14, 2023

In this post, we will explore the intricacies of patent application restrictions, aiming to demystify the process and empower inventors with the knowledge they need to navigate this aspect of patent law successfully. One of the key themes that arises from the restriction requirement is the concept of unity of invention.

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Patent Application Invention Patent Inventor 40

Olartemoure Blog

JULY 26, 2024

Patent and Trademark Office (USPTO) has issued a guidance update to address innovation in emerging technologies , which will assist USPTO personnel and stakeholders in determining subject matter eligibility under patent law of AI inventions during patent examination, appeal, and post-grant proceedings.

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Invention Patent Intellectual Property Patent Application 52

Patently-O

OCTOBER 4, 2021

Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued.

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Art Journalism Patent Law Invention 126

LexBlog IP

JANUARY 11, 2024

This change represents a considerable shift in the intellectual property law landscape within the country, aiming to promote an environment of genuine innovation and integrity. Genuine Inventive Activities: Requires applications to be based on real and original inventive activities.

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Patent Law Law Intellectual Property Intellectual Property Law 52

SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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Inventor Invention IP Ownership 122

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.

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TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

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Patent Application Patent Invention Inventor 52

The IP Law Blog

JANUARY 13, 2022

A patent protects an invention. The invention can be an article of manufacture, a machine, a process (such as software), or a composition of matter (like a chemical formula). Thus, there is some overlap between what can be protected by a trade secret or a patent. Once the patent is issued, it provides certain protections.

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Biswajit Sarkar Copyright Blog

DECEMBER 10, 2022

For registering the patent, it is essential to file a patent application before the Office of the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion, under the Ministry of Commerce and Industry. Convention Application.

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Patent Application Patent Invention Inventor 52

IPilogue

SEPTEMBER 24, 2021

The latest decision from the United States, Thaler v Hirshfeld , comes off the heels of recent judgements in South Africa and Australia asking if AI can be considered the inventor in patent law. Here, he filed patents for inventions generated by Dr. Stephen Thaler’s “DABUS”, an AI machine that was quite literally invented to invent.

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The IP Law Blog

FEBRUARY 29, 2024

LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea. Under section 101, only certain types of inventions are patentable: machines, articles of manufacture, compositions of matter, and processes (methods).

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IP and Legal Filings

AUGUST 18, 2021

One area of law that has been undergoing constant amendments due to changing technologies are patent laws. However, how are patent laws and AI interconnected? For one, there exists no clear-cut definition of AIs in any patent laws. AIs are considered as a subset of computer sciences.

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Biswajit Sarkar Copyright Blog

SEPTEMBER 25, 2023

What is invented through biotechnological processes must be protected through patent protection lest a third person misuses the same. This came after careful observation of rising international trends with respect to innovations and inventions concerning biotechnology.

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