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DHC and 3(k): This time using the ‘Technical effect’ Test

SpicyIP

Assistant Controller , allowed the maintainability of divisional applications, which were rejected by the Controller u/s. The DHC, in this judgement, continued with its restrictive interpretation of 3(k), narrowing the scope of inventions which are excluded u/s. The Patent Office rejected the patent application u/s.

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Cardinals Of Intellectual Property Rights (Part- I)

IP and Legal Filings

The urgence for the same was felt due to refusal of foreign exhibitors to attend the International Exhibition of Inventions in Vienna, Austria, 1873, fearing that their ideas would be stolen and will further be exploited commercially in other nations. Section 2(1)(ja) of IPA defines the term ‘inventive step’.

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Difference Between Prior Art Search, Invalidation Search And FTO Search

Intepat

One of the most common reasons an invention is rejected from being protected is the existence of prior art, or that the said invention is not novel and has already been, in fact, for some time now. This, in turn, will help you create a stronger patent claim and reduce the number of amendments you might have to make at later stages.

Art 52
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Key Points from the USPTO’s New Guidance on AI Use

IP Intelligence

1] The USPTO therefore requires documents drafted by or with the assistance of AI to be reviewed and verified by the person presenting the paper. AI contributions to a patent application may become problematic when such contributions are significant enough to be considered material to patentability and/or inventorship.

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AI and IP – to legislate or not? UKIPO’s public consultation seeks evidence

Kluwer Copyright Blog

The law in the UK, as well as in many other major jurisdictions, requires that an inventor is named in the application and that the inventor must be a natural person. Consequently, patents do not protect inventions if the inventor is an AI system – a point recently confirmed also by the UK Court of Appeal.

IP 64
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Patent Prior Art Search

Biswajit Sarkar Copyright Blog

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. This information is related to the patent applications. Several bacteria, such as Pseudomonas sp.

Art 52
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SpicyIP Weekly Review (November 8-November 15)

SpicyIP

SpicyIP Tidbits: Clarification on Jurisdiction of High Courts after the Tribunals Reform Act 2021, and Need for Reasoned Orders for Rejecting Patent Applications. Then we discussed the Bombay High Court’s decision to rebuke the Patent Office for dismissing a patent application without providing sufficient reasons for the same.