SpicyIP

AUGUST 22, 2022

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 Patent Application be Divided? Part II: Claims & Pluralities.

Patent Application 114

Patent Application Invention Patent Reporting 114

The IPKat

FEBRUARY 14, 2024

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.

Invention 81

Invention Publishing Inventor Design 81

IP Tech Blog

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

Invention 57

Invention Inventor Patent Patent Application 57

LexBlog IP

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

Invention 52

Invention Inventor Patent Patent Application 52

Intellectual Property Law Blog

OCTOBER 11, 2022

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.

Patent Application 130

Patent Application Patent Invention Inventor 130

LexBlog IP

FEBRUARY 14, 2024

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.

Inventor 52

Inventor Invention Patent Design 52

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.

Invention 52

Invention Inventor Intellectual Property Law Intellectual Property 52

LexBlog IP

FEBRUARY 15, 2024

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.

Invention 52

Invention Inventor Patent Patent Application 52

Patently-O

MAY 25, 2023

2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide catheter used in interventional cardiology procedures. In an attempt to invalidate these patents, Medtronic launched a succession of Inter Partes Review (IPR) petitions. Patent 7,736,355 (“Itou”) could be regarded as prior art.

Invention 72

Invention Inventor Art Patent Application 72

Patently-O

APRIL 8, 2024

By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. The case involved a patent infringement suit over an improved vacuum tube used in radio communications. Background The patent at issue, U.S. General Electric Co. , 571 (1931).

Invention 64

Invention Art Patent Television 64

The IPKat

JUNE 13, 2024

The cover article of the May 2024 edition of the CIPA Journal proposed a new test for inventive step using AI. The CIPA journal article proposes to use an AI derived measurement of semantic similarity between the claims and the prior art as a new test for inventive step.

Journalism 60

Journalism Invention Art Patent 60

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.

Invention 81

Invention Patent Law Technology 81

IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 1] The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. 4] Based on U.S. 101 and 35 U.S.C.

Invention 52

Invention Inventor Patent Application Design 52

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.

Inventor 96

Inventor Invention Patent Patent Application 96

IP Watchdog

SEPTEMBER 28, 2022

Structural weaknesses of the detailed description that may or may not be addressed by patent drafting orthodoxy can result in a lack of a capacity to successfully manage challenges presented by an examiner’s interpretations of subject matter set forth in claims.

Patent Application 128

Patent Application Patent Patent Drafting Invention 128

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.

Inventor 103

Inventor Patent Application Patent Invention 103

SpicyIP

NOVEMBER 9, 2024

In his recent work published in the Journal of Intellectual Property Law and Practice , Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. It confuses ‘invention’ with ‘person.’ Cipla Ltd. ,

Patent Law 93

Patent Law Law Invention Patent 93

SpicyIP

NOVEMBER 1, 2022

Image with text reading “Keep Calm and Expect Delays” Last week, the Delhi High Court pronounced a decision rebuking a patent applicant for causing unnecessary delays in the patent application process by seeking repeated adjournments and not filing written submissions on time. In the case of FMC Corporation v.

Patent Application 95

Patent Application Patent Technology Invention 95

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.

Invention 128

Invention Patent Inventor Intellectual Property 128

SpicyIP

OCTOBER 14, 2024

The Controller of Patents , the appellant was challenging the Controller’s decision to refuse the patent application (279/DEL/2015) for lack of inventive step u/s. As a result, the claims failed to adequately disclose the best method of performing the invention, which would enable a PSITA to practice the invention. (

Invention 76

Invention Patent Application Patent Reporting 76

IP Tech Blog

JUNE 30, 2021

A patent must teach one skilled in the relevant art how to make and use the claimed invention, as required by 35 U.S.C. The Manual of Patent Examining Procedure (MPEP) 608.01(p) Failure to do so raises an inequitable conduct issue related to the applicant’s duty of disclosure, as discussed in our related posts here and here.

Invention 52

Invention Inventor Patent Application Art 52

Patently-O

SEPTEMBER 29, 2022

Here, that “intrinsic record” is the patent document and the “Rule 12 record” is the complaint. In its amended complaint, the patentee alleged two “inventive concepts.” In addition, the patent application itself treats these features as important improvements to content distribution systems.

Invention 60

Invention Art Patent Patent Application 60

Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? Failing to comply would result in the application being considered withdrawn.

Inventor 94

Inventor Patent Law Invention Law 94

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.

Inventor 52

Inventor Invention Patent Application Patent 52

Patently-O

SEPTEMBER 13, 2022

Now, Minerva has petitioned the Federal Circuit for an en banc rehearing on the following question: For purposes of determining whether assignor estoppel applies, how should a court determine an inventor’s representation of patent scope in a never-issued claim in the original patent application? Minerva Petition.

Invention 61

Invention Inventor Patent Application Patent 61

Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. patents and patent applications.

Inventor 120

Inventor Invention Patent Application Design 120

The IPKat

JULY 11, 2022

The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ). The patent applications purportedly relate to the inventions of an AI ("DABUS").

Patent Law 145

Patent Law Publishing Inventor Law 145

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. Mitra And Co.

Invention 87

Invention Patent Patent Application Government 87

Kashishipr

FEBRUARY 9, 2022

In the present highly competitive business environment, understanding the market trends well is imperative for the development, and eventually, the success of a particular product or service. Market research helps come across the already existing inventions that may be similar to the applicant’s invention.

Marketing 119

Marketing Marketing Inventor Invention 119

Intellectual Property Law Blog

SEPTEMBER 8, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications 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).

Patent 246

Patent Patent Application Invention Art 246

Garrigues Blog

JUNE 22, 2021

This is why it is important to be able to justify the registration of the patent in another territory, if it is not initially registered in Spain. have elapsed, unless express authorization is given by the Spanish Patents and Trademarks Office. What is an invention made in Spain? In this regard, article 115.1 of the LP).

Invention 52

Invention Inventor Patent Application Due Diligence 52

Patently-O

JUNE 30, 2021

Many patent applications are not fully reduced-to-practice by the time the patent application is filed. Although reduction-to-practice is a required element of invention, the Courts and Patent Office have long permitted the filing of a patent application to constructively satisfy the RTP requirement.

Patent Application 132

Patent Application Invention Patent Reporting 132

The IPKat

DECEMBER 20, 2023

Striking the middle ground between satisfying the strict basis requirement in Europe and avoiding patent profanity in the US, renders the decision of when to file a patent application all the more critical. The selected subject matter could not therefore be said to have basis in the application as filed.

Patent 107

Patent Invention Patent Drafting Patent Application 107

SpicyIP

SEPTEMBER 25, 2024

On 30 th August 2024, the DHC gave out two decisions on appeal against the rejection of two Patent applications filed by Blackberry Limited. The question before the DHC was simply- Is the invention non-patentable u/s. Until then, it cannot be patented. Original Image from here.

Invention 72

Invention Patent Business Patent Application 72

SpicyIP

OCTOBER 19, 2024

Assistant Controller of Patents & Designs , the court set aside the rejection of Kymab Limited’s patent application by the Assistant Controller. Essentially, this provision restricts the granting of patents for any “method of treatment.”

Patent 94

Patent Patent Application Invention Design 94

Patent Trademark Blog

MARCH 28, 2022

Utility patents are complicated to prepare and prosecute. Drafting a utility patent application involves two main tasks: Describing the invention; and Claiming the invention. How to save patent costs by describing your invention. appeared first on Patent Trademark Blog | IP Q&A.

Patent 94

Patent Patent Application Invention IP 94

SpicyIP

FEBRUARY 10, 2024

Deputy Controller , Madras High court rejected the contention that the subject invention was excluded for being business method. The findings of this short judgement have possible significant implications on the jurisprudence regarding 3(k) and business methods in the Patent Act. 3(k) of the Patent Act and thereby excluded.

Business 76

Business Invention Privacy Patent Application 76