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.

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Patent Law Publishing Inventor Law 145

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

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.

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Inventor Patent Law Law Patent 127

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.

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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

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.

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Reporting Patent Law Law Patent 262

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

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Patent Law Intellectual Property Law Law Intellectual Property 75

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

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Patent Law Law Patent Reporting 79

Patently-O

MAY 18, 2023

Sanofi case, while significant, may not come as a surprise to those familiar with the evolution of patent law. In recent years, there has been a growing emphasis on promoting innovation and competition by limiting the scope of patent monopolies. ” The outcome of the Amgen v.

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Patent Law Law Patent Invention 122

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 ).

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Reporting Patent Law Patent Application Patent 136

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

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Patent Law Law Art Patent 68

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.

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Patent Law Inventor Patent Invention 137

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.

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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 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 101

Patent Law Law Patent Business 101

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.

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Patent Law Law Patent Litigation 76

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. In the 1950’s, Alan Turing famously asked, “Can machines think?” Decades later, artificial intelligence—a term coined after Turing’s death—has become a facet of our everyday lives.

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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. Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personality rights, Govt. Anything we are missing out on?

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Personality Rights Trademark Social Media Patent Law 104

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.

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Patent Law Law Intellectual Property Patent 98

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. §

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Patent Law Law Patent 97

Intepat

JANUARY 15, 2024

The Present appeal involved three issues Issues 1 – The Scope and meaning of the term “inventor” in the 1977 Act The interpretation of Sections 7 and 13 in patent law leads to a clear conclusion: an inventor must be an individual, specifically a human. Mr.Thaler has explicitly disclaimed being the inventor in this context.

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Inventor Patent Law Invention Law 94

IP Law 360

DECEMBER 20, 2024

As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger atRothwell Figg.

Patent Law 52

Patent Law Law Patent 52

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.

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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.

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Intellectual Property Editing Patent Law IP 68

JD Supra Law

JANUARY 28, 2025

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

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Patent Law Law Patent 62

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.

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Inventor Patent Law IP Law 73

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.

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Editing Patent Law Law Patent 59

JD Supra Law

FEBRUARY 24, 2025

Determining whether a claimed invention is obvious under 35 U.S.C. 103 often depends on whether the prior art provides a clear motivation for modifying existing knowledge. Central to this analysis is the concept of a result-effective variablea parameter recognized in the prior art as influencing a particular property or outcome. By: Volpe Koenig

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Patent Law Art Law Invention 68

The IPKat

NOVEMBER 11, 2024

2025 National Patent Application Drafting Competition The U.S. Patent and Trademark Office invites law students and students studying patent law to participate in the 2025 National Patent Application Drafting Competition. For further information, click here. For further information, click here.

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Patent Application Editing Patent Law IP 67

JD Supra Law

DECEMBER 18, 2024

The doctrine of equivalents is a staple patent law principle, addressing the tension between providing fair protection to innovative ideas and ensuring legal certainty for third parties. However, like most patent laws, the Unified Patent Court Agreement ("UPCA") contains no provision on the doctrine of equivalents.

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Patently-O

OCTOBER 4, 2021

But the inverse is true of patents currently being prosecuted: ~94+ of applications currently pending before the USPTO, we estimate, are governed by the AIA. 2021 Patently-O Patent Law Journal 34. Prior Patently-O Patent L.J. Our data can be found at: [link]. Pre-AIAPatents ). COVID-19Impact).

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JD Supra Law

JULY 8, 2024

For many product manufacturers, post-sale repair and maintenance of their products is a significant source of revenue, and manufacturers use various incentives to entice their customers to return to them for post-sale repairs, rather than going to a less expensive independent repair company. Originally published in Law360 on April 5, 2024.

Patent Law 68

Patent Law Law Publishing Patent 68

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.

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Law Patent Patent Law 114

The IPKat

AUGUST 24, 2022

This Alicante-based Kat has been enjoying her sea view with a good book in paws: “ Once upon a time, the patent ” by Pascal Attali (2022, 304 p.). The first part of the book is devoted to the history of patent law. In pre-revolutionary France, similar royal privileges were granted under the name “patente”.

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JD Supra Law

MARCH 11, 2025

By: Hogan Lovells

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Patent Infringement Patent Patent Law Law 115

Likelihood of Confusion

FEBRUARY 24, 2025

I took the patent law course, yes, but I wouldn’t presume to teach it. He’s been posting a series of items slowly walking through […] The post Patents explained appeared first on LIKELIHOOD OF CONFUSION. Originally posted 2010-07-27 12:37:45. They’re explained by Arizona IP lawyer Tom Galvani.

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Patent Blogging Patent Law IP 52

Patently-O

FEBRUARY 17, 2025

by Dennis Crouch The Supreme Court's 2024-2025 patent docket has a growing number of cases awaiting consideration. I count fifteen pending cases that could reshape multiple facets of patent law. Celanese raises questions the the scope of the on-sale bar under the America Invents Act, particularly for secret processes.

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