SpicyIP

SEPTEMBER 11, 2023

In this post, let’s continue the journey and sift through SpicyIP’s “August” pages from 2005 to the present and see where we have arrived after all these years. If you have missed the previous posts of this series or want to follow it, please check SpicyIP Flashbacks ! Here we go: 1. Both of these questions were answered in the negative.

IP 105

IP Reporting Plagiarism Government 105

The IPKat

FEBRUARY 14, 2024

On 12 February 2024, the United States Patent and Trademark Office (USPTO) announced with a press release the publication of its Inventorship Guidance for AI-Assisted Inventions (Guidance). The guidance embraces the use of AI in innovation and provides that AI-assisted inventions are not categorically unpatentable.

Invention 84

Invention Publishing Inventor Design 84

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.

Invention 98

Invention Art Patent Reporting 98

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.

Invention 81

Invention Patent Law Technology 81

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 67

Inventor Invention Patent Patent Law 67

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.

Inventor 140

Inventor Invention Patent Ownership 140

SpicyIP

NOVEMBER 9, 2024

In his recent work published in the Journal of Intellectual Property Law and Practice , Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. It confuses ‘invention’ with ‘person.’ Cipla Ltd. ,

Patent Law 105

Patent Law Law Invention Patent 105

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.

Inventor 69

Inventor Ownership Contracts Intellectual Property 69

Patently-O

JANUARY 24, 2023

by Dennis Crouch In 2022, the Federal Circuit held that an invention is only eligible for a US patent if a human conceived of the invention. Thus, no patents for invention wholly conceived by artificial intelligence. Vidal , 43 F.4th 4th 1207 (Fed. Thaler then sued in DC District Court.

Invention 126

Invention Intellectual Property Registration Inventor 126

JD Supra Law

MARCH 15, 2024

The precedential opinion reaffirmed that when a patentee consistently describes its present invention, its claims will be limited to such invention unless it meets a narrow exception. The decision reaffirmed that targeted advertising can be an abstract idea. By: Pillsbury Winthrop Shaw Pittman LLP

Invention 64

Invention Advertising Advertising 64

Plagiarism Today

NOVEMBER 17, 2022

According to the original claim, Young had invented the word in 1921, though he did not compose their version of the song until 1949. In 2022, we seem to be in a time when litigation over music is ever-present. Why It’s Worth Remembering. Though the novelty of the case is clear, there’s also a serious reason to look back at this case.

Copyright 342

Copyright Music Copyright Infringement Plagiarism 342

The IPKat

JULY 11, 2022

The decision in J 8/20 demonstrates that the current patent system is more than capable of dealing with AI inventions when and if they arise, without harming innovation or treating the AI inventors unfairly. The patent applications purportedly relate to the inventions of an AI ("DABUS").

Patent Law 145

Patent Law Publishing Inventor Law 145

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. 103 as part of the Patent Act of 1952, it nonetheless applied a similar requirement for “invention.” 101, all under the general rubric of the “invention” requirement.

Invention 64

Invention Art Patent Television 64

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 69

Invention Art Patent Patent Law 69

IP Watchdog

SEPTEMBER 30, 2021

Last night, Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) released the text of the “Restoring America Invents Act”, which is meant to “support American innovation and reduce litigation,” according to the headline of the senators’ joint statement on the legislation. Many in the patent community, however, are not as optimistic.

Invention 124

Invention Art Litigation Reporting 124

Intellectual Property Law Blog

SEPTEMBER 8, 2021

See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. These decisions inform strategies to optimize patent drafting and prosecution for artificial intelligence and machine learning related inventions. patents,” Office of the Chief Economist, IP Data Highlights (October 2020). Part One can be viewed here.

Patent 189

Patent Patent Application Invention Art 189

SpicyIP

SEPTEMBER 25, 2024

Blackberry I: Purely related to Algorithm In Blackberry I , the invention, which allowed easier configuration of data between wireless servers, was rejected by the Patent Office as a ‘computer program per se ’ u/s. The question before the DHC was simply- Is the invention non-patentable u/s. Until then, it cannot be patented.

Invention 105

Invention Patent Business Patent Application 105

The IPKat

JUNE 13, 2024

The cover article of the May 2024 edition of the CIPA Journal proposed a new test for inventive step using AI. The CIPA journal article proposes to use an AI derived measurement of semantic similarity between the claims and the prior art as a new test for inventive step.

Journalism 64

Journalism Invention Art Patent 64

Intellectual Property Law Blog

JUNE 26, 2023

The Board determined that there was a motivation to combine and reasonable expectation of success in combining the prior art references to arrive at the claimed inventions but rejected Yita’s obviousness challenge because Appellee MacNeil’s secondary-considerations evidence was compelling and indicative of non-obviousness.

Art 130

Art Invention IP Patent 130

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. Rather, the human must provide significant inventive contribution).

Inventor 120

Inventor Invention Patent Application Design 120

Olartemoure Blog

MAY 31, 2024

1817 1817 The draisine Karl Freiherr von Drais invented the first two-wheeled vehicle with a steering device. 1868 1868 The wire wheel A key invention for the development of the bicycle was the wire wheel, which is still used in bicycles today. Instead of having pedals, it was propelled by the user's feet. pedaled bicycle.

Inventor 105

Inventor Invention Intellectual Property Patent 105

Intellectual Property Law Blog

OCTOBER 11, 2022

MPEP Sections to Know – Especially for AI Inventions. A couple key areas of concern for applications that are directed to AI inventions are (1) patent subject matter eligibility and (2) an enabling disclosure. The USPTO has published various examiner training materials for examining AI inventions.

Patent Application 186

Patent Application Patent Inventor Invention 186

Patently-O

MARCH 27, 2022

Question presented: The patents-in-suit are directed to an electronics hardware device comprising a content player/remote-control combination having numerous concretely-recited components that undisputedly qualifies as a “machine” or “manufacture” under the statutory language of 35 U.S.C. § The questions presented are: 1.

Invention 126

Invention Art Patent Law 126

Patently-O

JUNE 30, 2021

Although reduction-to-practice is a required element of invention, the Courts and Patent Office have long permitted the filing of a patent application to constructively satisfy the RTP requirement. ” As you might guess, working examples are typically more compelling and indicative that the invention will actually work as claimed.

Patent Application 132

Patent Application Invention Patent Reporting 132

SpicyIP

AUGUST 22, 2022

This second part continues where that post left off, and brings us analysis on whether or not, for the purposes of maintaining a divisional application, there must be a plurality of inventions in the claims of the parent application. When can/not a Patent Application be Divided? Part II: Claims & Pluralities. Author: Amit Tailor.

Patent Application 119

Patent Application Invention Patent Reporting 119

Kashishipr

FEBRUARY 9, 2022

In the present highly competitive business environment, understanding the market trends well is imperative for the development, and eventually, the success of a particular product or service. Market research helps come across the already existing inventions that may be similar to the applicant’s invention.

Marketing 119

Marketing Marketing Inventor Invention 119

SpicyIP

OCTOBER 29, 2024

While the Court’s analysis touched upon multiple aspects of patentability and revocation, including ‘novelty,’ ‘inventive step,’ ‘non-obviousness’ and ‘person interested,’ the most significant point was related to the burden of proof in matters concerning patent revocation petitions. Thus, all three elements of ‘inventive step’ under s.

Invention 105

Invention Art Patent Intellectual Property Law 105

JD Supra Law

AUGUST 13, 2024

The panel presented the complexities of artificial intelligence and generative AI in the IP landscape. Panelists covered USPTO inventorship guidelines on AI-assisted inventions; the increasing. By: Kilpatrick

Intellectual Property 100

Intellectual Property Invention IP Patent 100

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. Further, I show how the present decision continues the debate on the dilution of 3(k) and digital innovation, which I have also discussed here. 3(k) for being a computer program per se.

Invention 110

Invention Patent Public Domain Licensing 110

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 ). An important question that arises is can AI actually invent on its own?

Inventor 122

Inventor Invention IP Ownership 122

SpicyIP

FEBRUARY 10, 2024

Deputy Controller , Madras High court rejected the contention that the subject invention was excluded for being business method. The invention titled ‘For selectively concealing physical address information’ ensured that the physical address of the user was concealed at various stages of an online transaction of purchase of product.

Business 88

Business Invention Privacy Patent Application 88

Patently-O

FEBRUARY 17, 2022

Figures 10(a) and 10(b) compare the prior art with Gabara’s invention. This data structure is required by the patents’ claims, emphasized as the key to the invention throughout the patents’ specifications, and was the explicit basis on which the PTAB relied to distinguish the patents over prior art.

Patent 136

Patent Invention Art Inventor 136

IP Watchdog

SEPTEMBER 28, 2022

Structural weaknesses of the detailed description that may or may not be addressed by patent drafting orthodoxy can result in a lack of a capacity to successfully manage challenges presented by an examiner’s interpretations of subject matter set forth in claims.

Patent Application 128

Patent Application Patent Patent Drafting Invention 128

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? Mr. Thaler’s stance was clear: DABUS, as the AI behind the inventions, should be recognized as the inventor.

Inventor 94

Inventor Patent Law Invention Law 94

IP Intelligence

SEPTEMBER 4, 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. Though, as the Federal Circuit notes, the expert may still be cross-examined on the lack of requisite experience at the time of the invention. [1]

Invention 52

Invention Art Patent Intellectual Property 52

Intellectual Property Law Blog

OCTOBER 6, 2023

The challenged patents both teach a similar claimed invention that is “directed to a poll-based networking system that connects users based on similarities as determined through poll answering and provides real-time results to the users.” ’321 The challenged patents are related and both trace their priority date to U.S. 321 patent col.

Invention 147

Invention Art Patent Technology 147

The IPKat

JUNE 29, 2022

Back in 2021, the UK IPO undertook a consultation on AI and IP covering: copyright in works made by AI; text and data mining using copyright material; and patents for inventions devised by AI. Patent protection for AI-devised inventions. For AI-devised inventions no change to UK patent law are being currently considered.

Government 136

Government Copyright IP Invention 136