Intellectual Property Law Blog

FEBRUARY 21, 2024

Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention. On February 13, 2024, the U.S.

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Invention Inventor Patent Application Patent 130

IP Watchdog

APRIL 25, 2023

Patent and Trademark Office (USPTO) held its East Coast Listening Session on AI Inventorship today, featuring both USPTO staff and patent stakeholder speakers contemplating possible approaches to patenting in a world in which generative artificial intelligence (AI) almost seems to have snuck up on everyone.

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Invention Trademark Patent Inventor 131

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."

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Invention Patent Trademark 111

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."

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Invention Intellectual Property Law Intellectual Property IP 97

Erik K Pelton

FEBRUARY 27, 2023

The following is an edited transcript of my video Pickleball: A Boom in Trademark Filings If you haven’t played pickleball yet, you’ve certainly heard about it. Although it was invented a couple of decades ago, ever since the pandemic in 2020 its popularity has boomed. In 2021, there were 80.

Trademark 147

Trademark Editing Invention Business 147

SpicyIP

OCTOBER 21, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on the DHC’s decision regarding consumer confusion in “Hush Products”, US antitrust case against numerous publishing houses, strategy to register trademarks in grayscale, and DHC’s decision on claim amendments. Diamond Modular Pvt.

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Cease and Desist Trademark Registering Trademarks Settlement 105

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.

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Invention Inventor Patent Patent Application 109

IIPRD

MARCH 13, 2025

With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. Trademarks are governed by the Trade Marks Act, 1999 in India.

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Intellectual Property Registration Design Designs 83

IP Watchdog

DECEMBER 30, 2024

From the Supreme Courts decision to abrograte the Chevron decision, thereby changing the standard for agency deference by the courts, to movement on some of the most potentially game-changing patent legislation to be introduced since the America Invents Act, there is a lot to choose from when it comes to what mattered in 2024.

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IP Invention Law Patent 119

Patently-O

FEBRUARY 3, 2023

The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

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Registration Trademark Social Media Designs 128

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Grupo Petrotemex v.

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Trademark Invention Patent Art 126

JD Supra Law

MARCH 28, 2025

With two memoranda this week, the United States Patent and Trademark Office (USPTO) has made significant changes to trials at the Patent Trial and Appeal Board (PTAB). Those trialsintroduced in 2012 by the Leahy-Smith America Invents Act (AIA)allow a party to seek review of a U.S. patent by a three-judge panel of the PTAB.

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Invention Trademark Patent 68

IP Watchdog

OCTOBER 1, 2023

Patent and Trademark Office (USPTO) examining corp. In terms of its design, the proposed legislation attempts to deal with each of the Supreme Court’s decisions in Alice, Mayo and Myriad, plus all of their progeny applications thereafter engendered by the Federal Circuit, the Patent Trial and Appeal Board (PTAB), all the way down to the U.S.

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Invention Patent Design Designs 137

SpicyIP

OCTOBER 14, 2024

The plaintiff claimed to have used the trademark “POLO” since 1967. The defendants were using the trademarks “POLO,” “POLO BY RALPH LAUREN,” and a device of a polo player for their footwear products, which closely resembled the plaintiff’s marks. Mrs Arti Gupta & Anr.

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Trademark Registering Trademarks IP Copyright 105

Patently-O

AUGUST 4, 2021

Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Like the ‘conception’ test in American patent law – the object of the test is to determine the identity of the ‘devisor’ of the invention.

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Invention Patent Inventor Intellectual Property 128

IP and Legal Filings

FEBRUARY 24, 2025

INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. In 2003, the firm’s trademark in Germany was protected due to its distinctive design. are two examples.

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Trademark Law Trademark Law Branding 52

JD Supra Law

SEPTEMBER 10, 2024

For a recent article published in Law360, we looked at data from the US Patent and Trademark Office (USPTO) covering both AI and non-AI inventions from 2015 to 2020. By: Goodwin

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Invention Patent Publishing Trademark 65

Patently-O

SEPTEMBER 15, 2021

Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). The America Invents Act (AIA), which passed on September 16, 2011, brought about some of the most significant changes to our patent system in over 50 years.

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Invention Intellectual Property Inventor Intellectual Property Law 131

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.

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Invention Publishing Inventor Design 84

Biswajit Sarkar Copyright Blog

NOVEMBER 29, 2024

As a member of World Trade Organization (WTO), World Intellectual Property Organization (WIPO), Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Patent Cooperation Treaty (PCT), Thailand allows applicants to file patents and trademarks in multiple PCT member countries simultaneously, making it easier and expanding.

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Intellectual Property Invention Registration Trademark 52

JD Supra Law

MARCH 27, 2025

Join us for a webinar, where we will cover key considerations for trade secrets, design patents, and trademarks, including best practices, common pitfalls, and unique opportunities. By: Wolf, Greenfield & Sacks, P.C.

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Design Patent Intellectual Property IP Invention 59

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.

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Invention Patent Patent Application Trademark 75

JD Supra Law

FEBRUARY 21, 2025

As reported by Quantum Insider, this past week, the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO) overturned an examiner's rejections of an application directed to a quantum computing invention.

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Invention Reporting Trademark Patent 68

U.S. Department of Commerce

AUGUST 14, 2024

Patent and Trademark Office (USPTO) will host Invention-Con 2024: Expanding your intellectual property potential. Attend an open house and resource fair to talk with patent and trademark subject matter experts, tour the USPTO Public Search Facility, and learn more about free resources. Participate in activities for all ages.

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Invention Inventor Intellectual Property Trademark 75

JD Supra Law

APRIL 3, 2025

The US Court of Appeals for the Federal Circuit established a more demanding test for determining whether a published patent application claiming priority to a provisional application is considered prior art under pre-America Invents Act (AIA) 35 U.S.C.

Art 59

Art Patent Application Publishing Invention 59

IP Watchdog

AUGUST 28, 2023

This week in Washington IP news, as a new school year begins, the United States Patent and Trademark Office (USPTO) looks at the latest research on invention education. federal government can do to patent rights during a public health emergency.

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Intellectual Property Invention IP Government 98

JD Supra Law

FEBRUARY 21, 2024

The United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit have both previously held that an artificial intelligence (AI) system cannot be a sole inventor on a patent application since each inventor must be a human being.

Invention 75

Invention Inventor Patent Application Trademark 75

IIPRD

OCTOBER 16, 2024

There are various laws in India that govern IPR and gaming laws, but the primary law are Patents Act, of 1970 , Trademark Act, of 1999 and Indian Contract Act, of 1872. Patents are given in the gaming industry for protecting technological inventions. Logos or symbols are also covered under trademark.

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Intellectual Property Graphic Design Trademark Copyright 59

JD Supra Law

JANUARY 20, 2025

Following the Inventorship Guidance for AI-Assisted Inventions, the United States Patent & Trademark Office (USPTO) has published a set of frequently asked questions (FAQs) and answers regarding the guidance. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Invention Publishing IP Trademark 73

JD Supra Law

JULY 18, 2024

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. By: Foley & Lardner LLP

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Invention Patent Business Technology 68

SpicyIP

DECEMBER 2, 2024

Samridhi Chugh and Manya Gupta write about this order, explaining how the Court appears to have convoluted the issues surrounding the interplay between trademarks, disparagement, and free speech, rather than clarifying them. It involved the plaintiff’s registered trademark, “SUPREME”. The defendant did not appear in the suit.

Invention 52

Invention Trademark Reporting Editing 52

JD Supra Law

JULY 15, 2024

This article discusses the February 13, 2024 guidance issued by the United States Patent and Trademark Office (USPTO) regarding the inventorship of artificial intelligence (AI)-assisted inventions. While this guidance marks a significant advancement in AI policy, it is not the first initiative by the USPTO in this area.

Invention 68

Invention Trademark Patent 68

IPilogue

JUNE 2, 2022

Thaler’s application for his AI, DABUS, to be the patent owner of an invention titled “ Food container and devices and methods for attracting enhanced attention ,” a product solely created by DABUS without any human interference. To recap, the decision was about Dr. Stephen L. What Does This Mean in the Canadian Context?

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Invention Ownership Intellectual Property Inventor 110

IP Watchdog

JANUARY 23, 2022

Patent and Trademark Office (USPTO) Director Kathi Vidal’s answers to Senators’ written questions following her recent confirmation hearing provide reasons for hope to those concerned about the current state of the patent system. Vidal’s responses emphasize three priorities: strengthening patents and trademarks, ensuring that U.S.

Trademark 131

Trademark Intellectual Property Patent Invention 131

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

IP Watchdog

JULY 29, 2021

Patent and Trademark Office (USPTO) Director Andrei Iancu left the building. Anti-patent advocates are exploiting the new dynamic of Senator Patrick Leahy, coauthor of the America Invents Act (AIA), who now chairs the Senate Intellectual Property Subcommittee. Advocates have taken advantage of the vacuum left after U.S.

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Intellectual Property Patent Invention Patent Infringement 144

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

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Invention Patent Trademark 65