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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The IPKat

NOVEMBER 27, 2023

The full written decision of the Board of Appeal in T 0116/18 , the referring Board to G2/21 , was published today. G2/21: Case catch-up In G2/21 , the Board of Appeal asked the EBA to clarify whether post-published evidence may be taken into account for inventive step. G2/21 clearly does not permit armchair inventing (r.11.1,

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Invention Publishing Patent Application Law 64

JD Supra Law

FEBRUARY 13, 2024

Last year, the USPTO ruled that an artificial intelligence (AI) cannot be listed as an inventor on a patent application. See USPTO Says AI Machine Cannot Qualify as an Inventor (e.g.,

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Invention Inventor Patent Application Patent 68

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 80

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.

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Inventor Invention Patent Designs 52

The IPKat

AUGUST 10, 2021

A Board of Appeal is about to refer questions to the Enlarged Board of Appeal (EBA) on the ability of a patentee to rely on post-published evidence to support the inventive step of a claim, and particularly to support the plausibility that the technical problem has been solved over the full scope of the claim.

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Invention Publishing Patent Application Patent 111

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.

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Invention Inventor Patent Application Designs 52

The IPKat

OCTOBER 21, 2022

The final decision in this referral has the potential to either lower or increase the plausibility requirement in EPO inventive step analysis. In its preliminary opinion , the EBA hedges its bets but hints at accepting a standard of lack of ab initio implausibility for a technical effect supporting inventive step.

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Invention Publishing Patent Application Patent 84

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).

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The IPKat

JUNE 19, 2023

The question in G 2/21 was whether post-published evidence can be used to support a purported technical effect relied on for inventive step. We now have the preliminary thoughts from the referring Board of Appeal on how G 2/21 should be applied. direct comparison data).

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Invention Art Publishing Patent 56

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

Patent Trademark Blog

APRIL 19, 2023

What does patent obvious mean? To be patentable, an invention must be novel and nonobvious. A novel invention is new, unique, something hasn’t been before. But, what makes a patent application obvious? Want to file a nonobvious patent? Who really decides if a claimed invention is obvious?

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Patent Patent Application Invention Art 98

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

Patent Trademark Blog

JANUARY 18, 2023

What makes an invention eligible for patent protection? Not every new thing is patentable. A concept might be unique, and yet ineligible for patent protection. Subject matter eligibility refers to whether an invention is qualified for patent protection. 35 USC 101 – Inventions patentable.

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Patent Application Invention Graphic Design Design Patent 98

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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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.

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Inventor Invention Patent Application Designs 117

Patently-O

MAY 24, 2024

This is a major shift in examination practice for design patents so it will be important to watch the developments to see whether the office ramps up design examination. In the decision, the court states: “In applying Graham factor one, the scope and content of the prior art, a primary reference must be identified.”

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Design Patent Designs Design Art 128

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

JD Supra Law

NOVEMBER 16, 2022

the Federal Circuit held that a provisional application incorporated by reference in a Patent Cooperation Treaty (PCT) application was prior art against the later filed claims of the U.S. patent application when the provisional application failed to provide adequate written description support.

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Invention Patent Application Art Technology 52

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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Inventor Patent Law Invention Law 94

JD Supra Law

SEPTEMBER 7, 2023

A “picture” claim refers to a patent claim precisely tailored to track a particular product’s important advantages and features. By: Mintz - Intellectual Property Viewpoints

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Intellectual Property Patent Patent Application Invention 68

Patently-O

MAY 19, 2022

Since the patents here are pre-AIA, we focus on the old Sections 102(a) and 102(b): Pre-AIA 102. A person shall be entitled to a patent unless —. (a) a) the invention was … patented or described in a printed publication … before the invention thereof by the applicant for patent, or. (b)

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Invention Inventor Art Patent 54

SpicyIP

APRIL 30, 2024

This post attempts to critically analyse the relevance of difference in the purported function of the invention and prior art to determine non-obviousness in identifying the inventive step. ” The invention aimed to simplify the communication of sensor data to applications by converting raw sensor data into lightweight messages.

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The IPKat

JANUARY 5, 2022

The EPO Guidelines for Examination require the description of a patent application to summarise the background art ( F-II-4.3 ). The Opposition Division further found that by introducing this subjective statement, the applicant had effectively introduced a disclaimer into the description.

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Art Patent Application Patent Invention 111

Patent Trademark Blog

SEPTEMBER 23, 2021

Claims vs. Description of the Invention. A utility patent is not a simple thing to understand. In a typical utility patent, you’ll see a bunch of drawings labeled as Figures and paragraphs of text. Somewhere in the text is a description with numerals referring back to the figures. How do we make sense of all this?

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Invention Patent Application Art Patent 40

Patently-O

FEBRUARY 27, 2024

This post breaks down the guidelines and walks through some potential strategies for patent applicants. ” Before Graham and the 1952 Act, the courts had ground their obviousness analysis in the statutory requirement of “invention” and the Constitutional purpose to “promote the Progress.”

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Art Invention Patent Application Patent 120

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

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

Intellectual Property Law Blog

JULY 31, 2023

In 2014, UCB sued Actavis for infringement of the Muller patents. UCB prevailed in the lawsuit, and was awarded an injunction against Actavis until March 2021, when one of the Muller patents expires. In 2018, UCB filed a new patent application (the “’589 patent”, priority date 2009) covering a reformulation of Neupro.

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Art Invention Patent Patent Application 130

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

Kashishipr

MAY 25, 2022

Before we delve into understanding the concept of Patent Search , let us first make ourselves familiar with the definition of a patent. A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. Types of Patent Search.

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Patent Patent Application Inventor Invention 78

SpicyIP

MAY 16, 2024

Considering that it’s only a tidbit we are not going into the merits of the case and interested readers can refer to the order here. Here, Arcelormittal’s patent application was for a method of producing a specific type of steel sheet.

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Invention Patent Application Patent Blogging 59

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

SpicyIP

OCTOBER 20, 2023

Reengineering of the Requirement of Disclosure of Foreign Applications by the 2019 Patent Manual – on the requirement to disclose the corresponding foreign patent applications. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods. Hear Me Out!

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Patent Application Designs Design Invention 64

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.,

Design Patent 98

Design Patent Designs Design Patent 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