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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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.

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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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Patently-O

JANUARY 19, 2024

Ownership of Invention : By accepting employment with the Corporation, you hereby agree that all discoveries, designs, devices, and concepts developed by you in the course of and during your employment with the Corporation shall be the property of the Corporation. The quote above comes from the employment agreement. ” Brian Barnett.

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The IPKat

AUGUST 4, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

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The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed. here , at 792].

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SpicyIP

MARCH 11, 2024

Singh’s book on Patent Law is finally out. Also present were foreign dignitaries, including Annabelle Bennett (Former Judge of the Federal Court of Australia, Sydney), Colin Birss (Lord Justice, Court of Appeal, England and Wales), and Klaus Grabinski (President of the Unified Patent Court (EU), Luxembourg).

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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. Stephen L.

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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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Patently-O

MAY 19, 2024

Although the article is not patent focused, Stern’s arguments have significant implications for patent law by undermining a key justification for limiting the scope and strength of patent protection. An example application here could be eBay and the role of damages and injunctions in patent cases.

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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. Does substantive South African patent law preclude AI inventorship? Was granting the patent a mistake? Stephen Thaler and Prof.

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Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Mangrove Partners Master Fund, No.

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SpicyIP

AUGUST 1, 2021

In this 2-part post, in part I, I will be analyzing the suggested amendments to Section 3 of the Patents Act (the substantial provisions) and part II will cover the suggested amendments to some of the procedural provisions of the Act. Section 3 of the Patents Act creates a list of restrictions on what inventions are not patentable.

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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. Stephen L.

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Garrigues Blog

JUNE 22, 2021

In accordance with the Spanish Patent Law, the first application for a patent made in Spain must be filed at the Spanish Patents and Trademarks Office and penalties can be imposed in the event of the breach of this requirement. What is an invention made in Spain? Compulsory application for protection in Spain.

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Patently-O

SEPTEMBER 13, 2022

The Supreme Court’s 2021 decision retained assignor estoppel as a cognizable patent law doctrine that can bar a former patent owner from later challenging the patent’s validity. ” The patent document is clearly directed toward the permeable portion as a key aspect of the invention.

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The IPKat

OCTOBER 10, 2022

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator.

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IP and Legal Filings

JULY 18, 2024

Introduction Patent revocation is a legal action undertaken by an external party, often an individual or an organization, challenging the validity and continuation of a granted patent. This process is based on specific criteria established by patent law. The invention is not useful. The invention is not useful.

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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.

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The IPKat

NOVEMBER 6, 2023

In the recent UK decision Astellas v Teva [2023] EWHC 2571 (Pat) Mr Justice Mellor in the High Court considered sufficiency, inventive step and infringement of Astellas' formulation patent for mirabegron. The decision also deviates from EPO practice on sufficiency and the inventive step of selection inventions.

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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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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. The competition is scored on the basis of the patent application and an oral presentation before a panel of three judges.

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The IPKat

JANUARY 22, 2023

Here are the nominees and winners: Best Patent Law Book The nominations were: Intellectual Property Protection for Plant Related Innovation: Fit for Future? Thank you to readers who voted for the IPKat book of the year awards 2022!

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The IPKat

MAY 19, 2024

The international standards for patentability require that an invention is novel and inventive in view of the prior art. Brave new world Alternatively, AI could be thought of as akin to a natural phenomena, from which isolating a chemical or structure may be considered an invention. Comments are due by 29 June 2024.

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SpicyIP

AUGUST 9, 2021

Many glaring issues presented by the Report have been previously discussed by Prof Scaria ( here ), Praharsh ( here ), Adyasha ( here ) and Namratha ( here and here ). 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.

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Intellectual Property Law Blog

MARCH 13, 2024

copyright law does not expressly provide for such renumeration, these opportunities depend on the code underlying the NFTs and the rules of the platforms on which they’re sold rather than any statutory entitlement. Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

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LexBlog IP

FEBRUARY 15, 2024

Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. This conclusion restricts AI from being an inventor on a patent application but leaves open questions as to whether AI can be used to invent.

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Patently-O

SEPTEMBER 21, 2022

Question presented in Thaler v. Vidal: "Whether an artificial intelligence can be an inventor for purposes of patent law, which implicates the most fundamental aspects of patent law, namely, the nature of inventorship and therefore whether AI discoveries can be patented." Abbott, ed).

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Patently-O

NOVEMBER 3, 2021

Companies and law firms with a transnational presence in Islamic countries should recognize that patents may present different considerations in countries with less secular legal systems. Islamic law has primacy in Islamic countries that comprise nearly one-fifth of the world’s population. patent law.

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The IP Law Blog

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” Again, it depends. Under 35 U.S.C. §

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Patently-O

MARCH 28, 2024

The court’s ruling emphasizes that the mere existence of prior art elements is not sufficient to render a claimed invention obvious; rather, there must be a clear reason or rationale for a person of ordinary skill in the art to combine those elements in the claimed manner. In KSR Int’l Co. Teleflex Inc. ,

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LexBlog IP

APRIL 25, 2023

The Supreme Court yesterday declined to hear a case brought by a computer scientist whose “invention” was in fact created by artificial intelligence. Stephen Thaler was appealing a Federal Circuit decision that interpreted the Patent Act to require a human “inventor” for purposes of obtaining a patent.

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Patently-O

MAY 22, 2024

Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. The key issue was whether Dr. Core developed the patented invention “entirely on [his] own time” under his employment agreement. Dr. Core conceived of the invention while pursuing a Ph.D.

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Chicago IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

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IPilogue

FEBRUARY 13, 2023

Specifically, Amgen seeks to appeal a decision from the Federal Circuit , in which the court found Amgen’s patents invalid for lack of enablement. The requirement of enablement in US patent law is codified in 35 USC s. In 2014, Amgen sued Sanofi for infringing on its patents concerning drugs for lowering cholesterol.

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Patently-O

AUGUST 13, 2021

The 1836 Patent Act added the caveat that no patent should issue on an invention previously “described in any printed publication.” ” That language has carried through the various major patent law overhauls and continues as a prominent aspect of 35 U.S.C. 102(a)(1). Centripetal Networks, Inc.

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Patently-O

JUNE 24, 2024

” I have not been able to discern what that really means vis-a-vis the invention. ” And further arguing that the proposed prior art did not teach the invention under this construction. The appellate panel found this case presented the exact scenario contemplated in Axonics. quoting Axonics.

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