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. Thus, contrary to the recent Nature article on this topic, AI is not breaking patent law.

Patent Law 145

Patent Law Publishing Inventor Law 145

The IPKat

MARCH 31, 2025

Trier in summer As readers know, the Katfriends at the Academy of European Law (ERA) in Trier are always busy organizing programmes and courses on all aspects of European law, including IP and digital and IT law. For those looking to get a deep dive in either subject, ERA is organizing two distinct summer courses this year.

Intellectual Property Law 64

Intellectual Property Law Law IP Intellectual Property 64

Patently-O

MARCH 11, 2022

.” This holding is simply inconsistent with the Patent Act’s plain language, Congressional intent, and the Constitution. The District Court improperly endorsed an interpretation of the Patent Act that, for the first time, excludes an entire category of innovation from patent law protection. Thaler Brief.

Inventor 127

Inventor Patent Law Law Patent 127

Patently-O

MAY 15, 2024

as a major turning point in American patent and antitrust law. The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. ” quoting Motion Picture Patents. .” patent rights because U.S.

Patent Law 111

Patent Law Patent Law Invention 111

Patently-O

JUNE 5, 2023

by Dennis Crouch Washington Post has published a long article titled, “ Colleagues want a 95-year-old judge to retire. She’s suing them instead ,” by Rachel Weiner. Judge Pauline Newman, the oldest active federal judge in the country, has been embroiled in controversy as she resists her colleagues attempts to urge/force her to retire.

Patent Law 119

Patent Law Law Patent Publishing 119

Intellectual Property Law Blog

DECEMBER 21, 2023

16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. In Incept v. Palette Life Sciences 21-2063, 21-2065 (Fed.

Patent Law 147

Patent Law Patent Law Art 147

JD Supra Law

JULY 18, 2024

The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know. By: Baker Donelson

Patent Law 78

Patent Law Intellectual Property Law Law Intellectual Property 78

IP Watchdog

MAY 14, 2023

Patent and Trademark Office (USPTO) finding that AI cannot be considered a named inventor to a patent application remains the law of the land. The issue of AI inventorship in the United States remains at large following the Supreme Court’s denial of cert in Thaler v. Vidal, meaning that the U.S.

Patent Law 128

Patent Law Law Inventor Patent 128

JD Supra Law

APRIL 30, 2024

At the same time, AI and its capabilities are evolving more quickly than the laws and regulations governing its use. Artificial Intelligence (AI) can be used to improve efficiency, predict outcomes with a high degree of accuracy, and even create new data and solutions. By: Haug Partners LLP

Invention 121

Invention Patent Law Law Government 121

Patently-O

MAY 18, 2023

Although a jury sided with the patentee Amgen, the district court and the Federal Circuit agreed with Sanofi’s contention, ruling that Amgen did not meet the enablement requirement as a matter of law. Sanofi case, while significant, may not come as a surprise to those familiar with the evolution of patent law.

Patent Law 122

Patent Law Law Patent Invention 122

JD Supra Law

JANUARY 18, 2024

In our annual review of developments in Canadian patent law, we considered over 60 patent decisions reported last year. This article highlights statutory changes and a selection of interesting points addressed in the reported decisions. By: Smart & Biggar

Patent Law 81

Patent Law Law Patent Reporting 81

Intellectual Property Law Blog

APRIL 24, 2023

The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March 31, 2023. We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. Click here to read more.

Reporting 262

Reporting Patent Law Law Patent 262

JD Supra Law

SEPTEMBER 27, 2024

American patent law is evolving to allow damages for foreign sales of infringing products. patent laws may no longer be useful. Both American companies making sales abroad and foreign companies with exposure to American supply chains should take note. Previous strategies to potentially escape the reach of the U.S.

Law 117

Law Patent Patent Law 117

JD Supra Law

MARCH 4, 2025

The concept of the "person of ordinary skill in the art" (POSITA) remains pivotal in patent law, particularly in evaluating obviousness under 35 U.S.C. 103 and compliance with enablement and written description requirements under 35 U.S.C. By: Volpe Koenig

Patent Law 70

Patent Law Law Art Patent 70

SpicyIP

AUGUST 1, 2021

In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Image with the text ‘open the gate’ (Image from here ).

Reporting 136

Reporting Patent Law Patent Application Patent 136

IP Watchdog

JULY 14, 2022

The idea of patented inventions brings to mind machines fully realized - flying contraptions and engines with gears and pistons operating in coherent symphony. When it comes to artificial intelligence (AI), there are no contraptions, no gears, no pistons, and in a lot of cases, no machines.

Patent Law 137

Patent Law Inventor Patent Invention 137

IP Watchdog

AUGUST 15, 2023

With its recent revisions to its patent enforcement and damages laws, China took a decisive step towards a more rigorous patent system that favors patentees, both domestic and foreign. This new landscape challenges businesses to adapt and reassess their strategies in the face of these transformative changes.

Patent Law 98

Patent Law Law Intellectual Property Patent 98

Patently-O

MARCH 25, 2024

By David Hricik, Mercer Law School I realize most readers aren’t law professors, so you can stop now… I have taught IP courses for years and often the books seek to teach the subject through cases, which is a very difficult way to learn it.

Patent Law 76

Patent Law Law Patent Litigation 76

JD Supra Law

APRIL 21, 2023

A new surge in business innovation has arrived as companies take advantage of the unique efficiencies and benefits of artificial intelligence (AI). Recent news headlines about chatbots like ChatGPT and Bard highlight the explosive growth in this space.

Patent Law 102

Patent Law Law Patent Business 102

SpicyIP

NOVEMBER 30, 2024

Diplomatic Conference to Conclude and Adopt a Design Law Treaty – Plenary Sessions. Kartikeya is a second-year law student in the LL.B. Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches.

Design 59

Design Designs Law Intellectual Property 59

IP Watchdog

FEBRUARY 16, 2022

Nine months in, and we are still awaiting the Biden administration’s decision as to whether the law of patent eligibility should be clarified. Neapco Holdings, LLC—a case in which a method for manufacturing vehicle driveshafts was deemed ineligible under 35 USC § 101 as being directed to a law of nature.

Law 128

Law Patent Invention Patent Law 128

Plagiarism Today

JULY 3, 2024

But how has copyright, trademark and patent law changed the field? The post Copyright, Trademark and Patent in Fireworks appeared first on Plagiarism Today. Fireworks displays are a common theme of Fourth of July celebrations.

Trademark 203

Trademark Copyright Plagiarism Patent 203

JD Supra Law

MARCH 17, 2023

The evolution of artificial intelligence (AI) machines has resulted in a number of interesting issues in both copyright and patent law. See, for example, our prior articles involving attempts to qualify machine-made works for patent and copyright registration.

Intellectual Property Law 120

Intellectual Property Law Intellectual Property Law Registration 120

SpicyIP

NOVEMBER 11, 2024

recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. Taming the ‘LAION’: Lessons for Harmonising AI and Copyright Law Unpacking the Hamburg Regional Court’s landmark ruling in Robert Kneschke v. The Show Must Go On?

Personality Rights 104

Personality Rights Trademark Social Media Patent Law 104

IP Law 360

JUNE 24, 2024

International Trade Commission should no longer be in control of deciding when infringing imports are banned from the country, a prominent patent law academic at the University of Utah's S.J. Quinney College of Law says.

Law 98

Law Patent Patent Law 98

Patently-O

FEBRUARY 5, 2025

by Dennis Crouch The well-worn advice to trial lawyers, famously captured by Carl Sandburg, has long been: "If the law is against you, pound on the facts. If the facts are against you, pound on the law. And, even in cases where the judge serves both roles, the law provides for a strict separation of role. See FRCP 52(a).

Law 45

Law Patent Invention Patent Law 45

Intepat

JANUARY 15, 2024

The court referred to Section 7 of the Patent Act, which defines an inventor as a person who is the actual originator of the invention. Since DABUS is not recognized as a person under the law, it cannot be considered an inventor. Mr.Thaler has explicitly disclaimed being the inventor in this context. The post Thaler v.

Inventor 94

Inventor Patent Law Invention Law 94

JD Supra Law

MARCH 15, 2023

The Supreme Court's decision to grant certiorari in Amgen v. Sanofi is the first time in almost a hundred years that the Court has deigned to consider sufficiency of disclosure decisions, in this case enablement under 35 U.S.C. §

Patent Law 97

Patent Law Law Patent 97

The IPKat

NOVEMBER 11, 2024

Opportunities Making Digital Markets Work for People – Fairness, Efficiency and Consumer Welfare in Dialogue The Centre for Business Law at Lund University (ACLU) has launched a call for papers on the the theme of digital markets, ahead of a symposium that will be held in Lund in February 2025. For further information, click here.

Patent Application 69

Patent Application Editing Patent Law IP 69

JD Supra Law

MAY 22, 2024

GM Global Technology Operations LLC, overturning the long-standing obviousness test for design patents. On May 21, 2024, the Federal Circuit issued an en banc decision (full court, instead of the typical three-judge panel) in LKQ Corp. By: Wolf, Greenfield & Sacks, P.C.

Design Patent 110

Design Patent Design Designs Patent Law 110

The IPKat

SEPTEMBER 16, 2021

The first edition of Intellectual Property Law in China (IPLCN) was the first of a bunch of goodies this Kat enthusiastically gathered from the incomparable IP library of the Max Planck Institute for Innovation and Competition (MPI). In short, it is a good introductory textbook, written in English, about Chinese IP Law.

Intellectual Property Law 131

Intellectual Property Law Intellectual Property Editing Law 131

JD Supra Law

JANUARY 23, 2025

Lancium LLC, the Federal Circuit addressed issues related to inventorship and state law conversion claims that stemmed from exchanges between two individuals, Mr. Storms and Mr. McNamara, at an industry summit. The court dismissed the conversion claim brought by Mr. Storms, finding it to be preempted by federal patent law.

Inventor 75

Inventor Patent Law IP Law 75

JD Supra Law

JANUARY 17, 2025

Artificial intelligence (AI) is reshaping industries, including the legal profession, with a significant impact on patent law. Patent and Trademark Office (USPTO) and the courts continued to address emerging legal issues at the intersection of AI and intellectual property (IP). In 2024, the U.S.

Intellectual Property 70

Intellectual Property Editing Patent Law IP 70

JD Supra Law

JANUARY 28, 2025

2024 was an active year in Canadian patent law. By: Smart & Biggar

Patent Law 64

Patent Law Law Patent 64

JD Supra Law

JANUARY 22, 2025

Our legendary One Year of Patent Law in 60 Minutes | 2025 Edition webinar with CLE is back, and it's set to electrify your legal senses for the eighth year in a row! Patent law is constantly changing. Each year, the Federal Circuit issues over 80 precedential patent-related decisions. Hoffman and Stephanie M.

Editing 60

Editing Patent Law Law Patent 60

JD Supra Law

MARCH 25, 2025

In 2024, design patent law encountered a couple of major changes: the implementation of a new design patent bar, and the upending of decades of obviousness law under 35 U.S.C. 103 in view of the en banc United States Court of Appeals for the Federal Circuit (CAFC)s decision in LKQ Corporation v.

Design Patent 64

Design Patent Design Designs Patent 64

Patently-O

JUNE 6, 2024

The lawsuit asserts five causes of action against Ladas & Parry: misappropriation of trade secrets under federal and NY state law, copyright infringement, legal malpractice, and breach of fiduciary duty. by Dennis Crouch Neuropublic S.A., IPQuad’s co-founder was previously employed by PatentManiac.

Confidentiality 113

Confidentiality Law IP Invention 113