The IPKat

DECEMBER 13, 2023

The recent Board of Appeal decision in T 1356/21 covered a number of interesting legal points in the field of pharmaceutical patents. The case related to the novelty and inventive step of a second medical use claim. However, it is possible to patent a "substance or composition for use " in a method of treatment.

Invention 117

Invention Patent Law Art 117

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. Patent system, and today’s guiding statute (35 U.S.C. Medac Pharma Inc. ,

Invention 80

Invention Patent Law Technology 80

Intellectual Property Law Blog

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. This information is helpful to the USPTO, which believes that “the most effective patent examination occurs when.

Invention 130

Invention Inventor Patent Application Patent 130

Patently-O

JULY 17, 2024

As if on cue, the Office has released a new set of updated guidelines – focusing on Artificial Intelligence related inventions and including three new examples. The USPTO continues to be open to issuing patents on AI inventions, including the use of AI. The claim is patent eligible. Covalent, Inc., 4th 1355 (Fed.

Invention 62

Invention Patent Technology Copying 62

The IPKat

JULY 18, 2024

The UPC Central Division also takes a strong stance on the patentability of therapeutic antibody inventions in Europe. The decision of the UPC confirms that the US and European approaches to antibody inventions are diametrically opposed. The decision is not just remarkable for being the first decision of its kind.

Invention 64

Invention Art Patent Patent Law 64

Intepat

APRIL 2, 2022

A patent is a form of intellectual property right granted to an invention. It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Usually, the patent stands valid for 20 years from the date of application. Why should I patent my invention?

Invention 105

Invention Patent Inventor Intellectual Property 105

IP Law 360

JUNE 20, 2024

Patent and Trademark Office's guidance on when inventions developed using artificial intelligence can be patented generated criticism from the American Bar Association's Section of Intellectual Property Law, expressing concern that it could be detrimental as it "casts doubt on inventorship through general acts of human direction."

Invention 97

Invention Intellectual Property Law Intellectual Property IP 97

Biswajit Sarkar Copyright Blog

SEPTEMBER 25, 2023

What is invented through biotechnological processes must be protected through patent protection lest a third person misuses the same. This came after careful observation of rising international trends with respect to innovations and inventions concerning biotechnology.

Invention 59

Invention Patent Intellectual Property Technology 59

IP Law 360

MARCH 15, 2024

significantly contributed to the invention of a road trailer for transporting liquefied natural gas, upholding a lower court's finding that they must be credited as co-inventors on the patent. The Federal Circuit ruled Friday that two executives of pipe company Tube-Mac Industries Inc.

Invention 98

Invention Inventor Patent 98

SpicyIP

DECEMBER 22, 2023

[ On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. Interestingly, this comes after another recent judgement where a London court ruled that an artificial neural network is patentable.

Invention 59

Invention Inventor Patent Registration 59

JD Supra Law

APRIL 30, 2024

This article discusses patent strategies for ADC inventions. Antibody-drug conjugate (ADC) is a promising class of cancer treatments with accelerating U.S. Food and Drug Administration (FDA) approval and rapidly growing market size as discussed in previous articles in this series. By: Foley & Lardner LLP

Invention 73

Invention Patent Marketing Marketing 73

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, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. In compliance with section 5.2(c)(i)

Invention 57

Invention Inventor Patent Patent Application 57

JD Supra Law

JANUARY 11, 2024

This past Friday, a federal district court held that the mere fact of combining certain natural products – such as isolated, naturally occurring AAV sequences and a heterologous non-AAV sequence – and putting them into a cultured host cell, without some change, does not give rise to a patent eligible invention under 35 U.S.C. §

Invention 116

Invention Patent 116

JD Supra Law

NOVEMBER 29, 2022

Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of software patent prosecution can help ensure that software inventions get maximum protection.

Invention 96

Invention Patent Prosecution Patent Art 96

Barry Sookman

DECEMBER 23, 2023

Artificial intelligence (AI) systems and in particular generative AI (GenAI) systems have raised the question as to whether technical advances in the useful arts or synthetic content generated using these tools can qualify for patent or copyright protection. The Thaler and SURYAST decisions appeared first on Barry Sookman.

Invention 114

Invention Copyright Patent Inventor 114

The IP Law Blog

MARCH 15, 2024

Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

Invention 62

Invention Patent Patent Law Law 62

JD Supra Law

JULY 15, 2024

This article discusses the February 13, 2024 guidance issued by the United States Patent and Trademark Office (USPTO) regarding the inventorship of artificial intelligence (AI)-assisted inventions. While this guidance marks a significant advancement in AI policy, it is not the first initiative by the USPTO in this area.

Invention 66

Invention Trademark Patent 66

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, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. In compliance with section 5.2(c)(i)

Invention 52

Invention Inventor Patent Patent Application 52

JD Supra Law

MAY 31, 2024

Blockchain is becoming central to more FinTech patent portfolios than ever – but it’s harder to obtain protection on blockchain than most other technologies. CLS Bank (2014) strengthened limits on what subject matter is eligible for patent protection under 35. The US Supreme Court’s decision in Alice v.

Invention 77

Invention Intellectual Property Patent Technology 77

JD Supra Law

MARCH 15, 2024

Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this installment of "The Briefing" by Weintraub Tobin. By: Weintraub Tobin

Invention 71

Invention Patent 71

JD Supra Law

MARCH 15, 2024

Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this installment of "The Briefing" by Weintraub Tobin. By: Weintraub Tobin

Invention 66

Invention Patent 66

IP Law 360

APRIL 23, 2024

Patent and Trademark Office that inventions developed with assistance from "artificial intelligence" tools can be patented prompted a "sigh of relief" among many attorneys, but confronting the nuances will create challenges, experts said Tuesday. Recent guidance from the U.S.

Invention 59

Invention Patent Trademark 59

JD Supra Law

SEPTEMBER 29, 2022

In the practice of patent examination in China, to determine whether an invention has prominent substantive features is to determine, to the person skilled in the art, whether the claimed invention is non-obvious as compared with the prior art.

Invention 98

Invention Art Patent 98

JD Supra Law

MARCH 4, 2024

Patent and Trademark Office (USPTO) has issued guidance regarding patentability and inventorship for inventions made with the assistance of artificial intelligence (AI), clarifying the Office’s position that such inventions are patent-eligible so long as at least one human inventor made a significant contribution to conception of the invention.

Invention 61

Invention Inventor Patent Trademark 61

JD Supra Law

FEBRUARY 15, 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. By: Sheppard Mullin Richter & Hampton LLP

Inventor 66

Inventor Invention Patent Patent Law 66

The IPKat

JULY 15, 2024

The decision of the Enlarged Board of Appeal (EBA) in G 2/21 on the use of post-published evidence to support patentability, was self-confessedly vague and open to interpretation ( IPKat ). The patent protecting the commercialised polymorph of a drug may therefore provide valuable exclusivity.

Invention 112

Invention Patent Publishing Patent Application 112

JD Supra Law

JULY 10, 2023

Patents play a crucial role in safeguarding AI inventions and encouraging innovation in this rapidly advancing field. It is key to know that AI inventions have been examined and issued as U.S. patents for many years. By: Locke Lord LLP

Invention 52

Invention Patent Intellectual Property Technology 52

JD Supra Law

FEBRUARY 14, 2024

On Monday, the US Patent and Trademark Office (USPTO) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence (AI).

Invention 66

Invention Patent Patent Application Publishing 66

JD Supra Law

FEBRUARY 16, 2024

Just like your business, the United States Patent & Trademark Office (USPTO) also grapples with the boundaries of intellectual property (IP) protection and using AI. An important question is what happens when AI is part of the inventive process. Artificial intelligence (AI) is affecting all facets of modern life.

Invention 63

Invention Intellectual Property Patent IP 63

JD Supra Law

JULY 17, 2024

Developers face the task of adequately protecting AI-based technologies under current US patent jurisprudence. Enablement and necessary disclosures to obtain patents related to AI are one such challenge. Originally published in Bloomberg Law - July 15, 2024. By: WilmerHale

Invention 63

Invention Patent Publishing Technology 63

JD Supra Law

FEBRUARY 16, 2024

If you have an invention, you can consult a patent practitioner, i.e., a patent attorney or a patent agent, to help decide whether to apply for a patent. A great idea can get an entrepreneur started down an exciting business path. By: Dunlap Bennett & Ludwig PLLC

Invention 61

Invention Patent Business 61

JD Supra Law

FEBRUARY 26, 2024

As directed by President Biden’s Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the AI EO), the United States Patent and Trademark Office (USPTO) released its Inventorship Guidance for AI-Assisted Inventions (Guidance) on February 12, 2024.

Inventor 63

Inventor Invention Patent Trademark 63

JD Supra Law

FEBRUARY 29, 2024

On February 13, the United States Patent and Trademark Office (USPTO) issued inventorship guidance, effective immediately, for inventions created with the assistance of artificial intelligence (AI). By: Lowenstein Sandler LLP

Invention 63

Invention Patent Application Trademark Patent 63

The IPKat

OCTOBER 31, 2023

The recent decision in T 0258/21 , by contrast, is the first interpretation of G 2/21 leading to a finding of a lack of inventive step in view of an inadequate disclosure of the purported technical effect. T 0258/21 : Case background T 0258/21 related to the EP patent application EP 12716828.4.

Invention 117

Invention Art Publishing Patent Application 117

LexBlog IP

MARCH 15, 2024

Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

Invention 52

Invention Patent Intellectual Property 52

LexBlog IP

MARCH 15, 2024

Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

Invention 52

Invention Patent Intellectual Property 52

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 Designs 52