SpicyIP

NOVEMBER 9, 2024

Dr. Abolkheir labels the inherent fallacy within patent law as “ inventio ad hominem ” fallacy. Questioning the logical foundations of patent laws, he argues that defining ‘inventive step’ in terms of ‘non-obviousness’ shifts the focus of inquiry to the inventor, rather than the invention itself.

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Patent Law Law Invention Patent 105

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.

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Patent Law Law Inventor Patent 128

SpicyIP

NOVEMBER 30, 2024

Patent enthusiasts will be excited to know that a comprehensive commentary on Patent Law, authored by Adarsh Ramanujan (incidentally, a former blogger with SpicyIP), is set to be released on December 4, 2024! The book is published collaboratively by Oakbridge Publishing Pvt. The panel will feature Justice Prathiba M.

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Patent Law Law Patent Publishing 59

IPilogue

OCTOBER 12, 2021

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! Originally created in 2014 as a midwest competition, the Competition is today a national inter-law school competition designed to introduce law students to issues arising in United States patent law.

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Patent Application Patent Drafting Patent Invention 78

Patently-O

APRIL 26, 2023

I am happy to announce the launch of my newsletter series, “ Patent Law Primer: A Short Introduction to Key Issues in Patent Law ,” currently distributed through LinkedIn. This series is designed for a broader audience, making it accessible for anyone interested in the subject, not just patent attorneys.

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Patent Law Law Patent Patent Application 72

Patently-O

DECEMBER 5, 2021

Crunch recently filed a utility patent application (February 2021) with the USPTO seeking to patent the following two claims: 1. He plans to sell a higher end model that includes displaying the bouncing-tempo on the screen and also energy-exerted (using movement-sensors in the rubber-bands or springs).

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Patent Law Law Patent Art 111

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 ! The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .

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Patent Application Patent Drafting Patent Invention 81

The IPKat

AUGUST 16, 2021

In each of these jurisdictions, the question was whether the relevant patent laws may be interpreted as permitting an AI system (i.e. a machine/device) to be named as the inventor in a patent application. This leads back to how South Africa’s patent laws intends inventors to be named in the filing of patent applications.

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Inventor Patent Application Patent Invention 79

JD Supra Law

JULY 25, 2024

The explosion of artificial intelligence has raised some challenging questions in patent law, particularly with prior art, or the body of knowledge available prior to the filing of patent application.

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Patent Application Art Patent Patent Law 63

Patently-O

MAY 15, 2024

” The dissenters saw a fundamental distinction between a patentee’s exclusive rights in the patented invention itself versus contractual rights in unpatented articles used with the invention. Lexmark argued that these restrictions should be enforceable through patent law, similar to the reasoning in A.B.

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Patent Law Patent Law Invention 111

Patently-O

MAY 18, 2023

The Patent Act requires that patent applicant describes the invention in explicit terms to enable any person skilled in the art to make and use the invention. Sanofi case, while significant, may not come as a surprise to those familiar with the evolution of patent law. ” The outcome of the Amgen v.

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Patent Law Law Patent Invention 122

Intepat

JANUARY 15, 2024

Thaler, the applicant, approached the UK Patent Office with two patent applications. At the heart of this case lies a critical examination of the UK Patent Act 1977, specifically Section 13(2). Uniquely, he declared that he was not the inventor; instead, he attributed the creations to his AI system named DABUS.

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Inventor Patent Law Invention Law 94

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. After talking again with Jane, EL decided to patent the device. He initially filed a provisional patent application in June 2020. The non-provisional patent application included the following two claims: 1. Question 3.

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Patent Law Law Patent Patent Application 78

JD Supra Law

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. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal…. In this decision, captioned In re: SurgiSil, L.L.P.

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Design Patent Designs Design Patent Law 98

Intellectual Property Law Blog

FEBRUARY 25, 2021

However, due to recent changes in patent law, it is more important than ever to ensure that you analyze the patentability of blockchain inventions in light of these changes to target inventions likely to result in patents. For more information, view our Flipbook. Data as of January 30, 2021 at USPTO.gov.

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Patent Invention Patent Application Patent Law 130

SpicyIP

JUNE 29, 2024

The Exclusion of ICMR from the Patent Application Last weekend, a series of unusual developments regarding the Covaxin patent (Patent Application Number: 202041007559) generated significant buzz. [A big thanks to Swaraj for his inputs on the post.]

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Patent Application Inventor Patent Intellectual Property 64

LexBlog IP

JANUARY 11, 2024

This change represents a considerable shift in the intellectual property law landscape within the country, aiming to promote an environment of genuine innovation and integrity. Genuine Inventive Activities: Requires applications to be based on real and original inventive activities.

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Patent Law Law Intellectual Property Intellectual Property Law 52

Biswajit Sarkar Copyright Blog

DECEMBER 10, 2022

For registering the patent, it is essential to file a patent application before the Office of the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion, under the Ministry of Commerce and Industry.

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Patent Application Patent Invention Inventor 52

Intellectual Property Law Blog

OCTOBER 8, 2021

A recent court decision on whether an AI system can be named an inventor in a patent application provides a compelling reason for stakeholders in the artificial intelligence industry to respond to the request. patent law to accommodate and encourage technologies that will drive the Fourth Industrial Revolution.

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Inventor Patent Invention Technology 189

IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Not surprisingly, there were a number of patent applications filed that bridged the March 16, 2013 AIA effective date.

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Invention Inventor Patent Application Patent Law 124

Patently-O

JANUARY 20, 2023

Applicants, for their part, are not required to disclose prior art that is not material to patentability or that is cumulative of other prior art they’ve already provided. It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

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Patent Law Law Inventor Patent 96

JD Supra Law

APRIL 19, 2022

Over the past few years technology evangelist and inventor Stephen Thaler, together with the Artificial Inventor Project, has campaigned for patent law changes across jurisdictions to recognize artificial intelligence (AI) as an inventor on patent applications.

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Inventor Patent Application Patent Law Technology 97

Patently-O

OCTOBER 4, 2021

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. 2021 Patently-O Patent Law Journal 34.

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Art Journalism Patent Law Invention 126

SpicyIP

JULY 4, 2024

Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application! Despite the withdrawal of the appellant’s patent application, it was wrongfully published.

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SpicyIP

JULY 18, 2024

Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office. Order The Patent Controller issued a cryptic order rejecting the patent application.

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Designs Design Patent Patent Application 102

Biswajit Sarkar Copyright Blog

SEPTEMBER 8, 2023

Following the same mission, the Indian Patent Office has taken a drive to dispose off the patent applications in a quicker way, provided all the procedures are properly attended by the applicant. In the way, an application was filed on 13/07/2022 for obtaining the patent protection for an Indian Applicant.

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Registration Patent Intellectual Property Patent Application 98

IP Watchdog

APRIL 15, 2022

patent law. patent law.

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Inventor Copyright Patent Application Patent 116

JD Supra Law

MARCH 21, 2023

The Patent Law of the People’s Republic of China (hereinafter referred to as the Chinese Patent Law), which came into force on June 1, 2021, has made some amendments to the sections concerning design patents, including the introduction of the partial design system and the national priority of design, and the extension of the duration of the design (..)

Design Patent 52

Design Patent Designs Design Patent Application 52

IP Watchdog

AUGUST 8, 2022

The August 2019 announcement that two patent applications had been filed naming an artificial intelligence (AI) algorithm as an inventor in the United States and a dozen other countries was regarded as disruptive and profound at the time. It was one of the hot topics in patent law during those last few months before the pandemic.

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Non-Fungible Tokens Inventor Patent Application Patent Law 119

LexBlog IP

APRIL 5, 2023

Navigating Korean Patent Law Changes: Accelerated Examination, PTEs, and Court Decisions @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: Recent Case Law: Divisional Applications and ST.26 thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: block!important;}}@media

Patent Law 52

Patent Law Law Intellectual Property Patent 52

IAM Magazine

MARCH 8, 2023

Under the Greek Patent Law, European patent applicants can enjoy provisional protection against potential infringers, so long as they successfully carry out certain formalities and can justify that their request is sufficiently urgent.

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Patent Application Patent Law Law Patent 87

JD Supra Law

MARCH 29, 2022

(Part 1 of a 4 Part Series) - The application of innovative data driven approaches such as bioinformatics and artificial intelligence to the life science sector has brought about a change in way that biological inventions can be protected by patent laws.

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Invention Patent Application Patent Law Business 95

JD Supra Law

OCTOBER 6, 2021

patent law. Patent and Trademark Office's (USPTO) decision that refused to allow Thaler's two patent applications to proceed because he listed DABUS (an AI machine) as the inventor. The decision was rendered by the U.S. District Court for the Eastern District of Virginia in Thaler v.

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Inventor Patent Application Patent Law Trademark 93

Patently-O

AUGUST 4, 2021

They include such issues as whether (and how) Dr. Thaler obtained authorization from DABUS to file the patent application, and whether the patent statutes include a requirement that inventors be human. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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Invention Patent Inventor Intellectual Property 128

The IPKat

DECEMBER 31, 2021

Legal Background: Grace Periods According to Article 54 EPC , the state of the art for determining novelty constitutes everything that was made available to the public before the priority date of the patent application, regardless of whether the applicant/inventor was responsible for the publication. 102(b)(1)(A) ).

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Patent Inventor Patent Application Art 131

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.

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Invention Inventor Patent Moral Rights 98

JD Supra Law

DECEMBER 11, 2023

Judgment Gist - According to the relevant provisions of the Patent Law, an invention-creation made by performing the tasks of the entity concerned or mainly using the material and technical conditions of the entity concerned is a service invention-creation; The right to apply for a patent for a service invention-creation belongs to that entity, which (..)

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Invention Patent Application Ownership Patent 72