The IPKat

AUGUST 16, 2021

Late last month, South Africa's Companies and Intellectual Property Commission (CIPC) became the first Patent Office in the world to award a patent that names an artificial intelligence as the inventor of a product. a machine/device) to be named as the inventor in a patent application. What to do.? See Section 30(4).

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Patent Trademark Blog

APRIL 5, 2023

Does it make sense to get a patent in China? One of the most frequent questions I get about getting a patent in China is whether anyone should even bother. Why file a patent overseas when you cannot enforce it? Keep in mind that I am a US patent attorney. Need to file a patent in China?

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IPilogue

OCTOBER 21, 2021

This is a reminder that submissions to try out for the annual National Patent Application Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! About the Patent Drafting Competition. Team patent applications will be due on January 16, 2022.

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Patently-O

JUNE 6, 2024

Although the case does not involve submission to AI algorithms, some of the questions here are similar to those many IP attorneys are considering when onboarding new AI tools. The consequences: in 2021, a patent application surfaced in Australia that appears to have been derived from Neuropublic’s confidential disclosure.

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Patent Trademark Blog

AUGUST 24, 2023

What are warning signs that may warrant a change in your US patent agent or law firm? When it comes USPTO patent prosecution, many factors are out of the control of your US patent agent or attorney. So it makes sense to focus on what is within a patent attorney’s control. Who drafted the specification?

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Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. Applying for patents is like running a race.

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Patent Trademark Blog

JANUARY 12, 2023

How to Use Patent Public Search (PPUBS). Wouldn’t it be great if you can find how many patents have been obtained by a patent attorney or agent? Using the new tool by the USPTO called Patent Public Search (PPUBS), you can search for patent grants by practitioner name. Which patent database should you search?

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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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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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LexBlog IP

JULY 31, 2023

AI and IP Law: Podcast with Yuri Eliezer by Yuri L. Eliezer AI and Intellectual Property Law An Insightful Discussion with Yuri Eliezer The intersection of Artificial Intelligence (AI) and Intellectual Property (IP) Law is becoming increasingly significant in the dynamic landscape of technology and innovation.

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SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. Prathibha Sivasubramanian is a law researcher working with TWN.

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SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Image from here A ‘Captured’ Patent Office? Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office. Prashant Reddy T.

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Patent Trademark Blog

SEPTEMBER 28, 2022

Has your patent attorney retired? If your patent attorney has retired or will retire soon, don’t freak out. You will ultimately need to find a new patent practitioner, and this guide on how to choose a patent attorney may help. Get a List of Your Patent Filings and Deadlines.

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Patent Trademark Blog

JUNE 15, 2023

Do patents matter? Some say patents are worthless. Others say patents matter. If patents were truly worthless, I would not have a job so my opinion is not unbiased. Let’s explore the reasonings behind these opposing arguments on whether a patent is worth the money. Thinking of filing a patent?

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IPilogue

FEBRUARY 13, 2023

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. For the first time in decades, the US Supreme Court will engage with enablement in patent applications. The requirement of enablement in US patent law is codified in 35 USC s.

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SpicyIP

JULY 22, 2023

While there are a number of aspects covered by “Artificial Intelligence”, ranging from definitions to scope, from life-saving to life-threatening, there has been surprisingly limited public policy discussion on the intersection of AI and IP in India. Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh.

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The IP Law Blog

JANUARY 13, 2022

Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. A patent protects an invention. Thus, there is some overlap between what can be protected by a trade secret or a patent. The invention must meet several requirements in order to be patentable.

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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. On Monday this week, the Director of the U.S.

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LexBlog IP

MAY 31, 2023

part of a patent claim), does the AI system need to be listed as an “inventor”? patent law, an inventor is one who contributes to the conception of at least one claim element of a given patent claim (i.e., patent law. Patent law requires that a patent application list at least one human inventor.

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Patent Trademark Blog

FEBRUARY 21, 2022

Does searching for a patent attorney near me make sense? There was a time when the main way to find a patent attorney was to ask for a referral. Anyone can go online now and simply search for attorneys, but there seems to be an inclination to look for patent attorneys nearby. Virginia area?

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LexBlog IP

APRIL 3, 2023

Navigating the Patent Application Process to Secure Protection and Privacy for Innovative Products As an innovator, you may find yourself in the delicate situation of trying to balance the protection of your trade secrets and obtaining patent protection. This effectively provides retroactive patent protection.

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LexBlog IP

MAY 12, 2023

This trend brings about new risks to intellectual property (IP), including new challenges in procuring IP protection and new risks of IP infringement. Part I of this two-part post will focus on IP procurement. Patenting an invention requires pinning down the correct inventorship. Yet, the U.S. Vidal , 43 F.4th

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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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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Patently-O

AUGUST 21, 2022

Recent Headlines in the IP World: Blake Brittain: Search For New Patent Hub Begins After Court Ends Waco’s Hold On U.S. Foo Yun Chee: Illumina Offers Patent Licenses To Rivals, Patent Truce With BGI – Sources (Source: Financial Post). Greg Reilly: Patent Office Power & Discretionary Denials (Source: SSRN).

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The IPKat

AUGUST 29, 2021

This Kat is just hanging out While the summer winds down, why not while away the hours with news and views from around the IP blogs? Copyright The Kluwer Copyright Blog gave an update on EU copyright law developments for the second trimester of 2021, including insights into the cases and referrals coming up soon.

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IP Blog

SEPTEMBER 2, 2020

Safeguarding software with an issued patent is often complicated unless it is an inextricable element of a multi-part system. Copyrighting, meanwhile, only offers partial coverage for the exact source code, while other types of IP protection simply do not apply. This is true in numerous countries, but especially in the United States.

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The IPKat

MAY 19, 2024

The USPTO has issued a request for comments regarding the impact of AI on patentability. The USPTO specifically calls for views on how the proliferation of AI could affect evaluations of patentability, including what qualifies as prior art and the capabilities of the person skilled in the art. Comments are due by 29 June 2024.

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IP Watchdog

JULY 15, 2022

In its decision, the court, while setting a new test, rejected, for the second time, a problem-solution approach to claim construction followed by the Canadian Intellectual Property Office (CIPO) in examining patent applications.

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LexBlog IP

FEBRUARY 15, 2024

Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

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The IPKat

SEPTEMBER 21, 2022

While many Congress attendees from around the world lined up for the Unified Patent Court boot camp and mock trial panels, this Katfriend opted to sample the day’s selection of soft IP offerings. Would You Like Some IP With Your Wine? Quentin Tarantino et al. was a luncheon title this Katfriend could not turn down.

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The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v.

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Patently-O

DECEMBER 5, 2021

Recent Headlines in the IP World: Blake Brittain: Apple, Google, Others Lose Court Challenge to Patent Review Policy (Source: Reuters). Laura Osman: Bolivia Calls on Canada to Waive Patent and Export COVID-19 Vaccines (Source: CTV News). Reynolds Settles E-Cigarette Patent Dispute Shortly Before Trial (Source: Reuters).

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IP Watchdog

APRIL 15, 2022

patent law. patent law.

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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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LexBlog IP

MAY 10, 2022

Abnormal patents in china. ” The crackdown follows years of criticism that the Chinese patent system was being abused by “patent trolls” who filed frivolous lawsuits or submitted low-quality applications in order to extort money from companies. million filings, or roughly 15% of submissions that year.

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Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

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