The IP Law Blog

FEBRUARY 29, 2024

The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. 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.

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The IPKat

JANUARY 28, 2024

The Opponent in the referring case to the Enlarged Board of Appeal (EBA) in G 2/21 has filed a petition for review following the final decision of the Board of Appeal. G 2/21 and T 0116/18 : Case catch-up In G 2/21 , the EBA considered whether post-published evidence may be taken into account for inventive step. Grasping at straws?

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The IP Law Blog

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. 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? Patent Appl. Thaler, assignee, filed U.S. 16/524,350 (“the ’350 Appl.”)

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SpicyIP

JULY 4, 2024

Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application! Despite the withdrawal of the appellant’s patent application, it was wrongfully published.

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Art Publishing Patent Application Invention 104

IP and Legal Filings

AUGUST 8, 2024

INTRODUCTION The Patent Act was enforced on 20 th April, 1972. It is a statutory right which was granted by the government of India and in return the inventor of the patent have to completely disclose their creation. This allows the others to gain knowledge of the others invention and develop in the future.

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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.,

Invention 68

Invention Inventor Patent Application Patent 68

Patently-O

MAY 24, 2024

GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. ” And, like the primary reference, any secondary references must also be analogous art.

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The IPKat

SEPTEMBER 10, 2023

The minutes of oral proceedings have been published from the referring Board of Appeal case behind G 2/21 ( T 0116/18 ). The minutes are brief but confirm the Board of Appeal's decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. How many moths needed for an invention? 12.5.1).

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Invention Publishing Law Patent Application 117

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

SpicyIP

AUGUST 23, 2024

Looking at Traditional Knowledge and Patents: The MHC recently upheld the Controller’s rejection of a patent application for being based on Panchagavya, a form of Traditional Knowledge. It considers whether the known properties of these products have been aggregated in the claimed invention (Para 12).

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Patent Invention Patent Application Art 59

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

Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? At the heart of this case lies a critical examination of the UK Patent Act 1977, specifically Section 13(2).

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Inventor Patent Law Invention Law 94

Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

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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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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. In Thaler v. 4] Based on U.S.

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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

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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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

Patent Trademark Blog

MARCH 6, 2024

What is a smarter way to patent a medical device? Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Let’s look at some smart ways to patent a medical device. Need to patent a medical device?

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Patent Application Patent Art Design Patent 52

The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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Design Patent Designs Design Patent 98

Patent Trademark Blog

MAY 29, 2024

What are the top losing patent arguments? About 9 out of 10 utility patent applications will receive at least one rejection. Getting a utility patent, therefore, will require skill in overcoming these inevitable rejections from the examiner. Need to prevail over a patent rejection? There is only one problem.

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Patent Patent Application Art Patent Prosecution 52

Patent Trademark Blog

JANUARY 4, 2023

What is a utility nonprovisional patent application? Unlike design patents , utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed. How to Tell If Your Patent Claims Are Good.

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Patent Application Patent Art Blogging 98

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

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Design Patent Designs Design Patent Application 98

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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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

Intellectual Property Law Blog

SEPTEMBER 1, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See Alice Corp.

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Patent Patent Application Technology Invention 275

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 patent as granted ( EP2657138 ) related to a food product handling system (e.g. D8 is a patent relating to a filing unit. The patent was thus revoked in its entirety. Not a robot?

Art 111

Art Patent Application Patent Invention 111

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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The IP Law Blog

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. A patent protects an invention. Things that are not patentable (by judicial exceptions) include laws of nature, natural phenomena, and abstract ideas. On Monday this week, the Director of the U.S.

Patent 98

Patent Invention Patent Application Intellectual Property 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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LexBlog IP

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. 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? Patent Appl. Thaler, assignee, filed U.S. 16/524,350 (“the ’350 Appl.”)

Inventor 52

Inventor Invention Patent Application Patent 52

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

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

LexBlog IP

FEBRUARY 29, 2024

The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. The patent examiner rejected the claims on the grounds that the claims were directed to patent-ineligible subject matter under 35 U.S.C.

Patent 52

Patent Patent Application Invention Advertising 52

The IP Law Blog

JUNE 8, 2023

The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. People.ai’s patents are some of the latest casualties.

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Patent Invention Business Patent Application 98

SpicyIP

AUGUST 13, 2024

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. 3(k) of the Patent Act. What is a technical effect?

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Invention Patent Public Domain Technology 80

Patently-O

DECEMBER 14, 2023

At the summary judgment stage, the parties filed competing summary judgment motions focusing on whether one patent being asserted (US7601740) should be held invalid based upon obviousness-type double patenting (OTDP). Because of the standard 20-year patent term calculation, both would ordinarily expire on the same day.

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