Intellectual Property Law Blog

AUGUST 30, 2021

AI technology is complex and includes different parts across different fields. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development. The rule of thumb is to focus the patent protection on what the inventors improve over the conventional technology. 1) Training phase.

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Invention Patent Privacy Inventor 242

Biswajit Sarkar Copyright Blog

SEPTEMBER 25, 2023

Biotechnology and Intellectual Property are intrinsically linked given that both fields require technology and innovation to pull them forward. What is invented through biotechnological processes must be protected through patent protection lest a third person misuses the same.

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Invention Patent Intellectual Property Technology 59

Patently-O

APRIL 25, 2023

As artificial intelligence progresses at an unprecedented pace, numerous cases have emerged where generative AI has played a crucial role in conceiving an invention. This raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor.

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Invention Inventor Patent Intellectual Property 125

IP Watchdog

OCTOBER 23, 2021

There’s hardly any area in entrepreneurship today that deals with innovation more than intellectual property rights protection – in fact, cutting edge technology and inventions are at the core of the IP industry.

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Technology IP Intellectual Property Invention 133

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 provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

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Invention Inventor Patent Patent Application 57

JD Supra Law

AUGUST 16, 2024

Zealous advocacy is a hallmark of adversarial proceedings, whether in district court or before the USPTO, where the opportunities for such advocacy have multiplied with the establishment by the Leahy-Smith America Invents Act of inter partes review or IPRs (and to a lesser extent post-grant review or PGRs). .

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Technology Invention 63

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.

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Invention Patent Law Technology 80

JD Supra Law

FEBRUARY 8, 2024

The evolution of artificial intelligence (AI) technologies has triggered a surge in the filings of patent applications, from machine learning models to applications of those models. See USPTO, Artificial Intelligence (AI) trends in U.S. patents (June 29, 2022) at 7.

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Invention Patent Application Technology Patent 75

IP Close Up

JUNE 4, 2024

“The Best Inventions for 2023,” Time magazine’s revealing overview of patented breakthrough solutions to life’s challenges, illustrates the breadth of industries, technologies and businesses building Continue reading

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Invention Technology Business Patent 61

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). By: Goodwin

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Invention Patent Patent Application Publishing 66

JD Supra Law

JULY 10, 2023

As AI technologies continue to evolve, the question of intellectual property protection becomes increasingly significant. 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.

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Invention Patent Intellectual Property Technology 52

JD Supra Law

JANUARY 10, 2024

As the use of artificial intelligence (AI) in developing new inventions and technologies becomes more prevalent, courts around the world are increasingly addressing whether new inventions developed by AI are eligible for patent protection.

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Invention Patent Technology 71

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. And, while the Alice / Mayo test for analyzing subject matter eligibility has not changed, the new guidance is helpful as AI technology rapidly develops.

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Invention Patent Technology Copying 62

The IPKat

AUGUST 7, 2024

The IPKat is ready for your answers in our AI survey What inventions are deserving of patent protection? Should we continue trying to stretch the Patents Act to deal with new technologies, or is it time for a legislative overhaul and a fresh look at what kind of inventions should be considered patentable?

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Invention Patent Patent Law Technology 64

Patently-O

JANUARY 28, 2024

That the invention was an important real-world manufacturing innovation was, as a factual matter, thoroughly established. That is, every objective indicium of inventiveness that this Court has identified was present in the technological, traditionally patent-eligible, setting of manufacturing lines.

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Technology Invention Designs Design 80

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 provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues. an AI] prompt.

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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. The US Supreme Court’s decision in Alice v. CLS Bank (2014) strengthened limits on what subject matter is eligible for patent protection under 35.

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Invention Intellectual Property Patent Technology 77

LexBlog IP

NOVEMBER 27, 2021

’ While the Full Court found the representative claim at issue to be unpatentable, it did not entirely foreclose the possibility that there may be patent-eligible aspects to the inventions disclosed in Aristocrat’s four innovation patents.

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Invention Technology Patent Art 52

JD Supra Law

AUGUST 21, 2024

Under the direction of President Biden’s executive order on artificial intelligence (AI), the United States Patent and Trademark Office (USPTO) issued a guidance update on the subject matter eligibility analysis “to promote clarity, consistency, and address innovation in AI and critical and emerging technologies.”. By: Baker Botts L.L.P.

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Invention Technology Trademark Patent 61

Intellectual Property Law Blog

SEPTEMBER 29, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Telling a detailed story explaining the novelty of the invention instead of merely providing a high level description. On September 22, 2022, the U.S.

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Technology Trademark Patent Prosecution Patent 130

LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). 2022), and this release provides guidance regarding the open question of human inventorship for inventions developed by a person working with the assistance of an AI system. Vidal , 43 F.4th 4th 1207 (Fed.

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Invention Inventor Intellectual Property Law Intellectual Property 52

JD Supra Law

NOVEMBER 15, 2021

In Mexico, disputes involving technological assets tend mainly to concern the unauthorised manufacture, use and sale of software and inventions. Unfortunately, Mexico is a country that faces a serious piracy problem, of both national and foreign origin (mainly Chinese). By: Hogan Lovells

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Technology Invention 98

The IP Law Blog

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system. Stephen L.

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Inventor Invention Patent Patent Application 96

IPilogue

MARCH 29, 2022

The 5 th Annual IP Data & Research Conference , organized by the Canadian Intellectual Property Office (“CIPO”) and the Centre for International Governance Innovation (“CIGI”), included a session on “Clean Technologies” about the status of Canada’s IP ownership and cleantech sector. Clean Technologies’ Economic Impact and Innovation.

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Technology IP Intellectual Property Ownership 122

WIPO Magazine

JUNE 18, 2022

NASA’s well-established technology transfer program is reaching out to support startup companies and a greater range of entrepreneurs, enabling space-age inventions to transform products from bicycles to medical devices.

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Technology Invention 89

The IPKat

JULY 30, 2024

According to the USPTO guidance for AI-assisted inventions , AI has the potential to solve some of society's most difficult challenges. How then are AI-generated inventions to be protected? The USPTO's guiding principles for AI-assisted inventions The Federal Circuit in Thaler v. Vidal ( 43 F.4th 4th 1207, 1213 (Fed.

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Inventor Invention Designs Design 73

JD Supra Law

JANUARY 5, 2024

Under certain circumstances, federal agencies have statutory authority to force inventors of patented technology developed with federal funding to grant licenses allowing others to practice the invention. This authority is known as “march-in.”

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Technology Inventor Invention Licensing 68

JD Supra Law

FEBRUARY 16, 2023

Generative artificial intelligence (AI) is quickly becoming a major force in the world of technology, with its ability to create new content and even replicate the styles of individual humans, including as a tool used by inventors in the creation of patent-eligible technology. By: Venable LLP

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Invention Inventor Technology Patent 101

JD Supra Law

AUGUST 24, 2022

For most of the past decade, the Supreme Court has been marking out the metes and bounds of the Patent Trial and Appeal Board's execution of the post-grant review provisions of the Leahy-Smith America Invents Act, particularly with regard to inter partes reviews (see "Oil States Energy Services, LLC. Lee (2016)"; and "Teva.

Technology 98

Technology Invention Patent 98

JD Supra Law

JULY 28, 2023

Patent and Trademark Office to reject patent applications directed to biotechnology-related inventions, held (In re Brana) that utility of such inventions did not require demonstration of therapeutic effectiveness, those determinations being the purview of the FDA.

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Technology Invention Patent Application Trademark 98

JD Supra Law

JULY 23, 2024

On July 16, 2024, the United States Patent and Trademark Office (“USPTO”) issued new guidance on the patentability of AI-related inventions. Although the USPTO emphasized that its guidance does not change the law of 35 U.S.C. §

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Technology Patent Patent Application Invention 68

Patently-O

NOVEMBER 10, 2023

Guest post by Alice Li , Cornell University, Executive Director of the Center for Technology Licensing, AUTM Board Member. Myriad inventions in history have been created based on the foundational research done by universities and academic institutions worldwide. AUTM’s efforts to promote EDI in the profession continue.

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Technology Invention Licensing Inventor 57

SpicyIP

NOVEMBER 8, 2023

Typically, biologics are produced from living cells with the exception of emerging technologies such as the mRNA platform. Since living cells and products of nature are often involved in these inventions, clarity regarding patent eligibility is becoming more important. Kappos, Mayo Collaborative Services v. Kibow Biotech Inc.,

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Invention Patent Art Patent Law 69

Intepat

APRIL 19, 2023

INTRODUCTION As technology continues to evolve at an unprecedented pace, Computer-Related Inventions (CRIs) have become a crucial component of modern innovation. The Patents Act, 1970, provides for the protection of CRIs, but there has been significant debate over the years regarding the patentability of such inventions in India.

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Invention Intellectual Property Patent Copyright 52

IP Watchdog

APRIL 25, 2023

While many speakers cautioned against moving too quickly to change the rules for AI-generated inventions, others warned that doing nothing could result in chaos for the USPTO and grave economic and innovation losses for the country.

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Invention Trademark Patent Inventor 131

Patently-O

MARCH 26, 2024

The Supreme Court ultimately reversed the lower court’s decision upholding the patent and found instead that Brady’s claimed invention lacked novelty and did not constitute a patentable advance over the prior art. Such an indiscriminate creation of exclusive privileges tends rather to obstruct than to stimulate invention.

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Invention Art Patent Designs 57

JD Supra Law

JULY 17, 2024

Developers face the task of adequately protecting AI-based technologies under current US patent jurisprudence. Personalized medical intervention is in a transformative phase as artificial intelligence algorithms are increasingly deployed to tailor treatments for individual patients based on their unique characteristics.

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Invention Patent Publishing Technology 63