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. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications. Stephen Thaler and Prof.

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Invention Patent Inventor Intellectual Property 127

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. Raytheon Techs.

Patent Law 94

Patent Law Law Inventor Patent 94

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. See my 2014 post. 102, and are presumed to be enabling.

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Art Invention Patent Application Publishing 109

Patently-O

SEPTEMBER 26, 2022

According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements. The idea here is that the patentee did enough to enable someone to make and use the invention–isn’t that enough? Wade was good law before being overturned by the Court last term.

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Patent Law Law Patent Invention 125

LexBlog IP

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 Application Patent 52

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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Patent Patent Application Invention Advertising 111

LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. Therefore, since the applied prior art reference discloses a design for an art tool—i.e., In this decision, captioned In re: SurgiSil, L.L.P.

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Design Patent Designs Design Patent Law 52

Selvam & Selvam Blog

NOVEMBER 17, 2022

In the Indian Patent system, an application for the grant of a patent is taken up for examination by the Indian Patent Office only when a request for examination of the application is filed. Thus, a person interested can also include competitors of the Applicant or any other related party.

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Patent Application Patent Invention Licensing 52

LexBlog IP

MAY 31, 2023

If such new content forms part of a new “invention” (i.e., part of a patent claim), does the AI system need to be listed as an “inventor”? It may all come down to “conception” – that is, whether an AI system can mentally conceive and contribute to an invention. an invention).

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Inventor Patent Application Invention Patent 40

LexBlog IP

JULY 26, 2022

PatentNext Summary: The Legal Board of Appeal (the “Board”) of the European Patent Office (EPO) recently suggested that the owner of an artificial intelligence (AI) machine could possibly be listed as an inventor of an AI-generated Invention. ” J 8/20 (Designation of inventor/DABAS) at para.

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Inventor Invention Patent Designs 52

Patently-O

NOVEMBER 17, 2023

Although the PTAB granted the petitions, it eventually sided with the patentee — agreeing that one of the asserted references did not qualify as prior art. The basic question is whether Itou (7,736,355) qualifies as prior art against Teleflex’s patent (RE46,116). But, these applications are all pre-AIA.

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Invention Inventor Art Patent Application 57

LexBlog IP

APRIL 26, 2022

The Full Court has taken a conventional approach to determining the meaning of the term ‘inventor’ in the Patents Act 1990 , observing (at [83]) that ‘[t]he duty to resolve an issue of statutory construction is a text-based activity’ and that while it is ‘appropriate to consider policy considerations.

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Invention Inventor Patent Law Law 52

The IP Law Blog

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. A patent protects an invention. These nonpatentable things are referred to as patent-ineligible subject matter. The announcement was made on the blog homepage of PTO Director Kathi Vidal.

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Patent Invention Patent Application Intellectual Property 98

Patently-O

MAY 21, 2024

As a reinterpretation of the law, the case will have immediate effect — applying to all pending design patent applications as well as those already issued. As the court noted, “a design patent itself does not clearly or reliably indicate ‘the particular problem with which the inventor is involved.'”

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Design Patent Designs Design Patent 117

Trading Secrets

APRIL 18, 2023

API access refers to access via ChatGPT’s API, which developers can integrate into their applications, websites, or services. Non-API access refers to accessing ChatGPT via the website ([link] simplicity, let’s focus on non-API access. Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

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Invention Confidentiality Privacy Public Use 59

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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Inventor Invention Patent Law 129

LexBlog IP

APRIL 18, 2023

API access refers to access via ChatGPT’s API, which developers can integrate into their applications, websites, or services. Non-API access refers to accessing ChatGPT via the website ([link] For simplicity, let’s focus on non-API access. enablement). You might be safe as long as the enablement requirement is not satisfied.

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Invention Confidentiality Privacy Public Use 59

The IP Law Blog

FEBRUARY 2, 2023

Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods). To be patentable, however, both designs and functional inventions must satisfy two requirements. First, they must be novel (i.e., unique and different). Telflex, Inc.,

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Design Patent Designs Design Patent 98

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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Invention Inventor IP Ownership 122

LexBlog IP

APRIL 18, 2023

API access refers to access via ChatGPT’s API, which developers can integrate into their applications, websites, or services. Non-API access refers to accessing ChatGPT via the website. Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

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Invention Confidentiality Privacy Public Use 52

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). Conclusion.

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Patent Invention Patent Application Government 52

Patently-O

NOVEMBER 9, 2021

The case was set-up as a showdown on questions of patent eligibility in the “highly esoteric field of computer technology.” But, in the end, the court focused on the more mundane question of obviousness — a doctrine it continued to refer to as “invention.” ” Id. In re Johnston , 502 F.2d

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Invention Patent Art Technology 73

The IP Law Blog

APRIL 21, 2022

Not everything is patentable. First, only inventions are patentable. Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. Alice Corp. CLS Bank International , 573 U.S. 208, 216, 219 (2014).

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Invention Patent Patent Law Patent Infringement 98

Biswajit Sarkar Copyright Blog

NOVEMBER 21, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). 2(1) (ac)].

Patent 52

Patent Invention Public Domain Patent Law 52

LexBlog IP

MAY 25, 2023

This strategic enhancement offers the much-needed insight into how the USPTO interprets the scope of patent eligible subject. As the landscape of patent law continues to evolve, it is crucial to stay updated on the latest developments, particularly in the area of subject matter eligibility. One such law is 35 U.S.C. §

Intellectual Property 52

Intellectual Property Patent Intellectual Property Law Invention 52

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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Inventor Invention Patent Law Patent Application 82

LexBlog IP

APRIL 6, 2022

I have been monitoring patent application filing around the world that list “DABUS (the “Device for the Autonomous Bootingstraiming of Unified Sentience”) as the sole inventor. At issue is whether an AI machine alone can be listed as an inventor on a patent application. See Decision re Patent Application No.

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Inventor Patent Application Patent Invention 98

The IP Law Blog

JUNE 8, 2023

The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. appealed to three of the patents. Alice Corp.

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Patent Invention Business Patent Application 98

The IPKat

JULY 22, 2022

In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. This is referred to as a proposed new ‘patent disclosure requirement’.

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Designs Design Intellectual Property Licensing 114

The IP Law Blog

JUNE 22, 2023

The challenged patents are continuations of and claim priority to a patent application filed on February 4, 2000, and published as U.S. Patent Appl. Kurganov-262 has the same specification as the challenged patents. Therefore, the PTAB determined that Kovatch is prior art to the challenged patents.

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Art Patent Patent Application Invention 98

Intepat

OCTOBER 13, 2023

Section 3 of the Patents Act, 1970 (the Act) puts forth the criteria of what does not fall under the ambit of “inventions”. In the same stride, the Act puts down various situations in which such a technical advancement would not be considered an invention.

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Invention Patent Technology Designs 52

LexBlog IP

SEPTEMBER 29, 2022

Chinese Utility models can provide an alternative to invention patents and supplement them too. Unlike invention patents, utility models are not examined. Most people incorrectly assume these “junk” patents are worthless because they are granted without any substantial examination.

Intellectual Property 52

Intellectual Property Invention Patent Application Art 52

LexBlog IP

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. A patent protects an invention. These nonpatentable things are referred to as patent-ineligible subject matter. The announcement was made on the blog homepage of PTO Director Kathi Vidal.

Patent 52

Patent Invention Patent Application Intellectual Property 52

IP Intelligence

OCTOBER 6, 2021

District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. The Patent Applications. Thaler has filed for patent protection in multiple countries, listing DABUS as the inventor in each one.

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Inventor Patent Application Invention Intellectual Property 105

IP and Legal Filings

APRIL 18, 2023

The owner gets an exclusive right to use or sell for a specific time period as a legal right under the document which we refer throughout this paper as ‘patent’ The patent system is designed to encourage innovation by protecting the rights of inventors to their inventions. 3] In the case of V.B.

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Inventor Moral Rights Patent Invention 52

LexBlog IP

DECEMBER 21, 2023

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. 7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S. patent law.

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Patent Drafting Patent Invention Inventor 52

Biswajit Sarkar Copyright Blog

MARCH 11, 2024

As a result, the Controller of Patents rejected the patent application, by raising an objection from the examination report under Section 3(j) and a new objection from the hearing notice under Section 3(i). It also emphasizes the difference between patentable innovations and methods of treatment under the Indian patent law.

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Patent Patent Application Reporting Invention 52