SpicyIP

AUGUST 29, 2024

Recently the MHC remanded a matter back to the Controller for re-consideration on whether the cited prior art would render the invention obvious in light of the explanation in the specification. Interestingly, the impugned order by the Controller has already held the invention to be obvious based on the claims filed by the applicant.

Invention 95

Invention Patent Application Art Patent 95

JD Supra Law

OCTOBER 4, 2024

To this end, numerous companies are filing patent applications for inventions involving AI. Many of these innovators do not have an AI background, however, and have never filed AI-based patent applications before. By: Procopio, Cory, Hargreaves & Savitch LLP

Invention 62

Invention Patent Application Inventor Patent 62

The IP Law Blog

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 109

Invention Inventor Patent Patent Application 109

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

JD Supra Law

OCTOBER 3, 2024

We all know that a patent application can be a significant asset to a company and its valuation. However, too many companies mistakenly believe that all software is not patentable. As a result, they are failing to file patent applications that can provide value now, as well as in the future. By: Baker Donelson

Patent Application 62

Patent Application Invention Patent 62

IP Law 360

FEBRUARY 12, 2024

Patent and Trademark Office on Monday issued guidance on how it will determine whether inventions developed with the assistance of artificial intelligence can be patented, explaining that a human must have made a "significant contribution."

Invention 111

Invention Patent Trademark 111

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

Patent Trademark Blog

MAY 22, 2023

What is patentable? To be patentable, an invention must be both eligible and unique. Subject matter eligibility relates to the nature of the invention while uniqueness has to do with what has been done in the past. A unique invention must be both novel and nonobvious over the prior art , or past stuff.

Invention 85

Invention Patent Application Patent Art 85

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

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

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

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 81

Invention Patent Law Technology 81

JD Supra Law

JULY 18, 2024

Recognizing a need for clarity in evaluating patent eligibility under 35 U.S.C. § Patent and Trademark Office (USPTO) released updated guidance effective July 17, 2024. Further, patent claims for AI inventions may. 101 for critical and emerging technologies, including artificial intelligence (AI) innovations, the U.S.

Invention 68

Invention Patent Business Technology 68

JD Supra Law

JULY 31, 2024

Patent and Trademark Office (USPTO) has issued guidance regarding patent eligibility with respect to patenting artificial intelligence (AI) inventions. See an overview of the eligibility test applied by the USPTO. By: MoFo Tech

Invention 75

Invention Patent Patent Application Trademark 75

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

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 118

Invention Patent 118

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

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

Patently-O

AUGUST 5, 2024

Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. Sanho Corp. 2023-1336 (Fed. 35 U.S.C. §

Invention 111

Invention Inventor Art Public Use 111

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

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 75

Invention Patent Marketing Marketing 75

JD Supra Law

AUGUST 20, 2024

ITC, the Federal Circuit addressed whether the America Invents Act (“AIA”) changed the on-sale bar such that the sale of a product made using a secret process would no longer invalidate later-sought claims on that process. In Celanese Int’l Corp. By: A&O Shearman

Invention 114

Invention Patent 114

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

JULY 26, 2024

The US Patent & Trademark Office (PTO) issued a 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence, which focuses on subject matter eligibility for artificial intelligence (AI)-based inventions. 58128 (July 17, 2024). By: McDermott Will & Emery

Invention 65

Invention Patent Trademark 65

JD Supra Law

JULY 24, 2024

The Situation: Concerns that uncertain and unpredictable patent subject matter eligibility jurisprudence thwarts U.S. Stakeholders voiced apprehension that AI inventions are vulnerable to subject matter eligibility rejections under the current legal framework.

Invention 65

Invention Patent Technology 65

JD Supra Law

AUGUST 15, 2024

In a case involving the secret formula used to make the sweetener for Coke Zero, the manufacturer of the sweetener sought to patent the formula after first selling the artificial sweetener to Coca-Cola. By: Farella Braun + Martel LLP

Invention 98

Invention Patent 98

JD Supra Law

SEPTEMBER 5, 2024

The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent. By: BakerHostetler

Invention 68

Invention Art Patent 68

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 18, 2024

The United States Patent and Trademark Office (USPTO) has issued a new guidance document that is intended to help identify when a process or system that uses artificial intelligence (AI) tools may be eligible for patenting. By: Fox Rothschild LLP

Invention 65

Invention Inventor Patent Trademark 65

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

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

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

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 73

Invention Patent 73

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 68

Invention Patent 68

JD Supra Law

JULY 19, 2024

An invention disclosure form is a document used to capture detailed information about a new invention or discovery. The first step in the patent application process, the form plays a crucial role in protecting intellectual property.

Invention 62

Invention Intellectual Property Patent Application Marketing 62

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 68

Inventor Invention Patent Patent Law 68

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 62

Invention Inventor Patent Trademark 62