Patently-O

AUGUST 22, 2022

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

Patent Law 91

Patent Law Law Patent Invention 91

LexBlog IP

NOVEMBER 7, 2021

Novelty: An invention or one very similar to it must already be patented, described in someone else’s patent or patent application, described in a printed publication, on sale, or in public use before the application date (with some exceptions granting the inventor a grace period of one year prior to the application date).

Patent 40

Patent Invention Patent Application Public Use 40

The IPKat

DECEMBER 22, 2023

The topic of prior use has been elevated to the status of a referral to the Enlarged Board of Appeal ( G1/23 ). This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patent application. Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything?

Invention 111

Invention Inventor Patent Law 111

The IPKat

DECEMBER 24, 2022

Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) ST.26 Even if (as has been suggested by observers prepared to be forgiving to the EPO) the couple are patent attorneys, the girl has nonetheless disclosed her invention just by using it on the public streets of Munich.

Invention 77

Invention Inventor Patent Publishing 77

Garrigues Blog

JANUARY 12, 2022

In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ). In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

Patently-O

MARCH 4, 2024

The case has major implications for the relationship between patent rights and trade secret rights. Historically, an inventor could choose to protect a new manufacturing process either by patenting it or by keeping it as a trade secret – but not both. Chisum, Chisum on Patents § 6.02[5][b] Gore & Assocs.,

Invention 40

Invention Patent Inventor Patent Application 40

Intepat

OCTOBER 6, 2024

The idea of patenting can often be clouded by misconceptions, but it is essential to understand the clear distinction between ideas and inventions in patent law. While ideas form the foundation of innovation, they are not patentable on their own.

Patent 52

Patent Invention Public Domain Intellectual Property 52