Patently-O

NOVEMBER 13, 2023

by Dennis Crouch Berkely Center for Law & Technology is hosting a great half-day virtual-conference this week: “AI as an Inventing Tool – it’s Implications for Patent Law” organized by Prof. Importantly, LLMs know the references and have their key points accessible for dynamic consideration and analysis.

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Intepat

JANUARY 15, 2024

The court’s decision to uphold the patent office’s rejection was based on three key grounds: Non-Recognition of DABUS as a Person: The first ground for refusal centered on the legal status of DABUS. Since DABUS is not recognized as a person under the law, it cannot be considered an inventor. The post Thaler v.

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Inventor Patent Law Invention Law 94

LexBlog IP

OCTOBER 31, 2023

The post Trademark Tales of Terror: Evil Dead – Not Just a Reference to Failed Trademarks appeared first on King Business and Patent Law.

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Trademark Patent Law Business Law 52

SpicyIP

JANUARY 20, 2025

The letter also refers to an expert study in its annex that states Risdiplam, being a small molecule drug, its generic version can be made available to Indian patients for just Rs 3024 per year through local production. The letter points out that the maximum retail price for Risdiplam is Rs. 72 lakhs for children (12 bottles) and Rs 1.86

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Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. The examiner could not find any reference of the bungee cord material being used to pull bicycles or skiers. Students were permitted access to their book/notes/internet, but were barred communications with another human during the exam.

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Patent Law Law Patent Patent Application 78

SpicyIP

MARCH 11, 2024

Singh’s book on Patent Law is finally out. Also present were foreign dignitaries, including Annabelle Bennett (Former Judge of the Federal Court of Australia, Sydney), Colin Birss (Lord Justice, Court of Appeal, England and Wales), and Klaus Grabinski (President of the Unified Patent Court (EU), Luxembourg).

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Patent Law Law Patent Intellectual Property 59

Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine.

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Patent Law Law Patent Art 75

IIPRD

JANUARY 7, 2025

If such products were created by a human inventor, they could be eligible for patent protection. A human inventor serves as the central figure in the design of the patent system. The main rationale behind patent law is to reward and encourage the creative actions of creators. 362 [10] Lionel Bently et al.,

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IP Intellectual Property Invention Inventor 98

Fish & Richardson Trademark & Copyright Thoughts

JULY 11, 2022

A key part of the patent landscape, the Orange Book provides a reference list of therapeutics that the Food and Drug Administration (FDA) has approved, making it convenient for physicians to find generic equivalents. A key part of the patent landscape, the Orange Book provides a reference list of therapeutics that the U.S.

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Patent Law Patent Branding Branding 90

Patently-O

MAY 21, 2024

In utility patents, the test for analogous arts has two prongs, with the reference qualifying as prior art if either prong is met: Whether the prior art is from the same field of endeavor as the claimed invention, regardless of the problem addressed by the reference. May 21, 2024) (en banc). ” In re Jennings , 182 F.2d

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Design Patent Designs Design Patent 119

JD Supra Law

JUNE 26, 2024

769 on December 21, 2023 to enact the Implementing Regulations of the Patent Law (Amended in 2023) (hereinafter referred to as “the Implementing Regulations (Amended in 2023)”) as of January 20, 2024. China’s state council issued State Council Degree No.

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Patent Law Patent Law 79

Selvam & Selvam Blog

APRIL 1, 2025

The application initially underwent examination, and the First Examination Report (FER) dated 14.10.2020 raised objections based on lack of novelty and inventive step with reference to prior art documents D1 and D2. The FER also cited Section 3(d), excluding claims 1 to 6 from patentability.

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Invention Patent Patent Application Designs 52

IPilogue

SEPTEMBER 24, 2021

The latest decision from the United States, Thaler v Hirshfeld , comes off the heels of recent judgements in South Africa and Australia asking if AI can be considered the inventor in patent law. They ultimately concluded that the ordinary meaning of “individual” referred to a “natural person.”

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Inventor Invention Patent Law 129

LexBlog IP

OCTOBER 6, 2021

4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal Board (“Board”), which had previously affirmed an examiner’s anticipation rejection of a design patent claim for a lip implant based on a prior art reference depicting a similarly-shaped tool for artists. 2020-1940 (Oct. Under 35 U.S.C. §

Design Patent 52

Design Patent Designs Design Patent Law 52

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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Inventor Invention IP Ownership 122

Patent Trademark Blog

FEBRUARY 15, 2023

How claim amendments lead to stronger patent arguments Before delving into patent arguments, we cannot ignore a key strategy that can make your arguments more persuasive. I’m now in my third decade of practicing patent law, and one reality has remained constant throughout my patent prosecution career.

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Patent Application Patent Art Invention 98

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 10, 2020

On October 17, China’s National People’s Congress (NPC) formally adopted a revised patent law that makes significant changes to that country’s legal framework for pharmaceutical patents. signed in January that aimed to incorporate aspects of American patent law into the Chinese legal system.

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Patent Law Law Patent Prosecution Patent 51

Patently-O

JULY 22, 2021

Obviousness is the central doctrine of patent law. The majority sided with the patentee and reversed the IPR Board’s single-reference obviousness determination. The majority sided with the patentee and reversed the IPR Board’s single-reference obviousness determination. by Dennis Crouch. Chemours Company v.

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Invention Art Marketing Marketing 126

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. Still, seemingly qualify as prior art under 35 U.S.C.

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Art Invention Patent Application Publishing 111

The IPKat

MARCH 24, 2023

For the EBA, the substantive question at the heart of G 2/21 is a familiar one that needs no reference to plausibility. The referring decision related to the validity of patent EP2484209 claiming an insecticide made up of a combination of compounds. What happened to plausibility?

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Invention Publishing Patent Art 131

IPilogue

SEPTEMBER 28, 2021

In April 2020, the US patent office rejected the applications, stating that an inventor must be a human, not a robot: “ Therefore, interpreting “inventor” broadly to encompass machines would contradict the plain reading of the patent states that refer to persons and individuals.”.

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Technology Inventor Patent Patent Law 111

SpicyIP

MARCH 11, 2025

Further, the case also involves the fundamental issue of limits of patent monopoly especially in critical areas like lifesaving medicines. The general understanding is that patent law needs to balance the private and public interests, i.e., the interest of the patent holders vis a vis public interest like access to medicines.

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Licensing Government Patent Law 105

IPilogue

OCTOBER 14, 2022

But this relationship soured soon after, with Sonos accusing Google of monopolistic practices and of using patent laws to squash competition from small companies. Sonos claims that Google’s infringement of over 100 of Sonos’ patents is deliberate and a business model. What may occur moving forward.

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Patent Infringement Patent Technology Patent Law 105

The IPKat

SEPTEMBER 3, 2021

Thus, the concept of the informed user may be understood as referring, not to a user of average attention, but to a particularly observant one, either because of his personal experience or his extensive knowledge of the sector in question. Since then, this definition has been widely applied by national courts of EU Member States.

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Designs Design Law Art 136

LexBlog IP

DECEMBER 21, 2023

Reasoning Regarding the Board’s anticipation finding,Incept first argued on appeal that the Board committed legal error because it engaged in a “patchwork approach” that involved “picking and choosing” from Wallace’s different teachings to piece together the elements of the ’723 patent claims.

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Patent Law Patent Law Art 52

The IPKat

JULY 22, 2022

In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. This is referred to as a proposed new ‘patent disclosure requirement’.

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Designs Design Intellectual Property Licensing 119

The IPKat

MARCH 2, 2022

Register here: [link] Personalized medicine, referred to also as precision medicine, is a medical model separating patients into different groups—with medical decisions, practices, interventions and/or products being tailored to the individual patient (or to the specific group) based on their predicted response or risk of disease.

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Intellectual Property Intellectual Property Law IP Patent Law 95

The IPKat

JANUARY 2, 2022

TRADE MARKS Lise Charles (WTR) provides an overview of the most-read posts on Word Trademark Review (WTR) on European trade mark case law over the past year, including analyses of cases dealing with issues such as unconventional signs (i.e.,

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Blogging IP Non-Fungible Tokens Cease and Desist 127

The IP Law Blog

FEBRUARY 2, 2023

That test, referred to as the TSM test, required teaching, suggestion, or motivation to combine prior art references to find the invention obvious. The appellate court held that GM’s patent was novel because the ordinary observer would not view GM’s design and the prior art design as substantially the same. Telflex, Inc.,

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Design Patent Designs Design Patent 98

The IP Law Blog

APRIL 21, 2022

Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. These four types of inventions are referred to as patent-eligible subject matter. In 2014, the Supreme Court established a two-part test to determine whether an invention is patent-eligible.

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Invention Patent Patent Law Patent Infringement 98

IPilogue

JANUARY 25, 2023

It was the perfect microcosm to exemplify the difference between learning and practicing the law, which was exactly what I was looking for. In the patent law textbook, we learned about filing and expiry dates of patents in one chapter, and grounds for invalidity in another. In practice, these two are connected.

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IP and Legal Filings

AUGUST 18, 2021

One area of law that has been undergoing constant amendments due to changing technologies are patent laws. However, how are patent laws and AI interconnected? For one, there exists no clear-cut definition of AIs in any patent laws. AIs are considered as a subset of computer sciences.

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Patently-O

AUGUST 4, 2021

It should be noted however that the ongoing patent reform in South Africa provides for training and infrastructure upgrades to accommodate a shift towards implementing SSE. Does substantive South African patent law preclude AI inventorship? 1] Hay v African Gold Recovery Co 1902 TS 232 p 233. [2] Mr Meshandren Naidoo is a Ph.D

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Invention Patent Inventor Intellectual Property 128

IP and Legal Filings

DECEMBER 19, 2024

The Court determined that an underlying principle of patent law was that only if it had been novel and useful could an invention be issued and would thereby necessarily both be unique and useful. At the time of patent examination, that is often somewhat subjective judgment which may require opinions from experts.

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Technology Invention Patent Intellectual Property 52

The IPKat

OCTOBER 31, 2023

His contribution to the understanding of patent law through his editorship of the CIPA Guide to the Patents Acts and his monthly case reports in the CIPA journal cannot be overstated. Alan was a patent attorney and a solicitor and worked both in house and at Allen & Overy.

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Journalism Reporting Patent Law Law 64

The IP Law Blog

JUNE 22, 2023

Patent Appl. Kurganov-262 has the same specification as the challenged patents. Google asserted the challenged claims were obvious based on Kurganov-262 and prior art reference W.O. Parus asserted that the challenged patents were entitled to a priority date of December 31, 1999, which was earlier than Kovatch.

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Art Patent Patent Application Invention 98

IP and Legal Filings

OCTOBER 8, 2021

Essentially, food security refers to the social, physical and economic access to safe and nutritious food at all times which will ensure a positive nutritional impact on all people across the world. Lastly, food utilization refers to the nutritional impact that food may have on people. Food security: An overview.

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Intellectual Property Invention Inventor IP 98