Patently-O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. Bottom line, no patent cases were decided by the Court in the 2021-2022 term and none were granted certiorari for the new term starting this week. Of the 17 pending patent-focused petitions, 13 are set to be decided at the long conference.

Patent Law 125

Patent Law Law Patent Invention 125

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

Patently-O

JULY 13, 2023

by Dennis Crouch If you break it down far enough, every invention is simply a combination of known materials or steps. In Axonics, the court ruled that the obviousness analysis must focus on the motivation to combine references to reach the claimed invention, not motivation to combine for some other purpose described in the prior art.

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Invention Art Patent Patent Law 75

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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Inventor Invention Patent Patent Application 96

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 referring decision and much of the surrounding commentary to G 2/21 also focused on the terminology of plausibility, which is also often used in the biotech field ( IPKat ).

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Invention Art Patent Reporting 98

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed.

Patent Law 94

Patent Law Law Inventor Patent 94

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.

Patent Law 73

Patent Law Law Patent Art 73

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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Patent Invention Government Publishing 78

Patently-O

MARCH 26, 2024

Teva references the landmark Supreme Court case of Atlantic Works v. I thought I would write a more complete discussion of this important historic patent case. The case addressed the validity of a patent granted to Edwin L. by Dennis Crouch My recent discussion of Vanda v. Brady , 107 U.S. 192 (1883). Claims: 1.

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Invention Art Patent Designs 57

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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Design Patent Designs Design Patent 117

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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Invention Art Patent Television 62

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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Invention Patent Inventor Intellectual Property 127

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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Patent Patent Application Invention Advertising 111

LexBlog IP

DECEMBER 21, 2023

16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. Patent Nos. Patent Nos. Zenith Goldline Pharms.,

Patent Law 52

Patent Law Patent Law Art 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).

Design Patent 98

Design Patent Designs Design Patent 98

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.”)

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Inventor Invention Patent Application Patent 52

SpicyIP

AUGUST 13, 2024

The DHC, in this judgement, continued with its restrictive interpretation of 3(k), narrowing the scope of inventions which are excluded u/s. The Patent Office, among other grounds, rejected the applications on the grounds of unpatentability u/s. 3(k) of the Patent Act. The Patent Office rejected the patent application u/s.

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Invention Patent Public Domain Technology 80

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. Alice Corp. 208, 216, 219 (2014).

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Patent Invention Patent Application Intellectual Property 98

The IP Law Blog

OCTOBER 12, 2023

The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. Realtime owned several patents covering systems and methods for digital data compression. These categories are referred to as “patent-eligible subject matter.”

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Patent Invention Law Patent Law 120

Patently-O

NOVEMBER 9, 2021

In the past 50 years, the Supreme Court has decided about 70 patent cases (depending upon how you count). The case was set-up as a showdown on questions of patent eligibility in the “highly esoteric field of computer technology.” The Patent Office rejected the claims, but the CCPA revived them. Johnston , 425 U.S.

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Invention Patent Art Technology 73

Biswajit Sarkar Copyright Blog

NOVEMBER 21, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). 2(1) (ac)].

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Patent Invention Public Domain Patent Law 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

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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Art Invention Patent Application Publishing 109

LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 171(a), design patent protection is permitted to “[w]hoever invents any new, original and ornamental design for an article of manufacture.” (Emphasis added).

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Design Patent Designs Design Patent Law 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

SpicyIP

AUGUST 9, 2021

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. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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Inventor Invention IP Ownership 122

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

LexBlog IP

APRIL 26, 2022

The Full Court has taken a conventional approach to determining the meaning of the term ‘inventor’ in the Patents Act 1990 , observing (at [83]) that ‘[t]he duty to resolve an issue of statutory construction is a text-based activity’ and that while it is ‘appropriate to consider policy considerations.

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Invention Inventor Patent Law Law 52

The IP Law Blog

APRIL 21, 2022

Not everything is patentable. First, only inventions are patentable. Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. Alice Corp. CLS Bank International , 573 U.S. 208, 216, 219 (2014).

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Invention Patent Patent Law Patent Infringement 98

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

IPilogue

SEPTEMBER 24, 2021

The latest decision from the United States, Thaler v Hirshfeld , comes off the heels of recent judgements in South Africa and Australia asking if AI can be considered the inventor in patent law. Here, he filed patents for inventions generated by Dr. Stephen Thaler’s “DABUS”, an AI machine that was quite literally invented to invent.

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Inventor Invention Patent Law 129

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act).

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Patent Invention Patent Application Government 52

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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False Advertising Advertising Advertising Patent 113

LexBlog IP

MAY 25, 2023

New Patent Trial and Appeal Board Decision Analysis by John DeStefano We are delighted to announce an important update to our 35 USC 101 Rejection Subject Matter Eligibility Database. This strategic enhancement offers the much-needed insight into how the USPTO interprets the scope of patent eligible subject.

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Intellectual Property Patent Intellectual Property Law Invention 52

SpicyIP

JULY 25, 2023

While several intellectual property rights battles are being fought over the mRNA platform, a key question that remains unaddressed is whether and to what extent mRNA is patent eligible. Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Prometheus Labs.,

Patent 78

Patent Invention Litigation Law 78

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. 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

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. 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.

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Invention Inventor Art Patent Application 57