The IPKat

JULY 11, 2022

The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ). Thus, contrary to the recent Nature article on this topic, AI is not breaking patent law.

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IP Watchdog

JANUARY 5, 2024

Recently, amendments to the Implementing Regulations of the Chinese Patent Law were issued and will take effect from January 20, 2024. The Regulations align with the revisions made to the Patent Law in 2020 and provide further guidance.

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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. Just a few years later, the Supreme Court reversed course in Motion Picture Patents Co.

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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. Patent Nos. Background Palette Life Sciences, Inc.

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Patently-O

MARCH 11, 2022

Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind. The USPTO rejected the applications — explaining US patents must name a human inventor. Thaler – Apper Amicus (Against Patenting by AI).

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Patently-O

JUNE 5, 2023

Dennis Crouch, Judging Patent Cases , Patently-O (May 4, 2022). The article cites to my 2022 study of Federal Circuit decisions showing that Judge Newman is the most patentee-friendly judge, with Chief Judge Moore a close 2nd.

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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. The AI inventor’s ways are antithetical to the principles of patent writing, where inventions are described in terms of what does what, why, how, and how often.

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Patent Law Patent Inventor Invention 137

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. Flexibility in Procedure or Bending Over Backwards for Higher Patent Filing? The recommendations on making procedural norms of patent filing less stringent are noteworthy.

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Patently-O

MAY 18, 2023

The Court held that Amgen’s patent claims were invalid due to a lack of enablement, as they failed to provide adequate guidance for making and using the claimed antibodies. Amgen was then able to obtain the broader patents at issue here that are not tied to any particular antibody structure or amino acid sequence.

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Patent Law Law Patent Invention 122

SpicyIP

JANUARY 20, 2025

Rajya Sabha MP Haris Beeran wrote to the Minister of Health and Family Welfare on December 20, 2024, urging the Central Government to invoke Section 100 (1) of the Patents Act with respect to local production of the rare disease Spinal Muscular Atrophy (SMA) treating drug Risdiplam. 72 lakhs for children (12 bottles) and Rs 1.86

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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. Vidal, meaning that the U.S.

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Patent Trademark Blog

MARCH 6, 2025

Can foreign applicants file US utility patent applications? Inventors located outside the US can file US patent applications. Foreign inventors, however, must be careful to follow the patent laws of the country in which the invention was made. Are you a foreign business looking to apply for a US patent?

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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. Republished by Blog Post PromoterNo, not by me, for heaven’s sake!

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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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Intellectual Property Law Blog

OCTOBER 8, 2021

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. According to the opinion, the claimed method was directed to an application of Hooke’s law, and thus patent ineligible. See American Axle & Manufacturing, Inc.

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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. Looking back at last years design patent issuance statistics, we now take the time to determine whether, if at all, the issuance numbers.

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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. Read her analysis on the evolving intersection of copyright law and AI! This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on?

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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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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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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. Continue reading this post on Patently-O.

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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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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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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. Thus, in a post-COVID business environment, organizations should reevaluate their patent enforcement strategies within China.

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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. This gradually evolves in the Venetian Patent Statute from 1474, deemed as the first known patent legislation.

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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

MARCH 11, 2025

By: Hogan Lovells

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Patently-O

MARCH 19, 2025

2025), which upheld patent claims even though they covered after-arising technology that was not described or enabled in the specification. As Dennis noted, the Federal Circuit appeared to depart from well-established prior law on the subject. Continue reading this post on Patently-O.

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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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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.

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Intepat

JANUARY 15, 2024

Registration at UKIPO The case in question, originating in 2019, presents a groundbreaking legal dilemma: Can an artificial intelligence (AI) system be acknowledged as an inventor for the purposes of patent ownership? At the heart of this case lies a critical examination of the UK Patent Act 1977, specifically Section 13(2).

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IP Watchdog

JANUARY 13, 2025

Court of Appeals for the Federal Circuit (CAFC) on Monday, January 13, issued a precedential decision denying a state law conversion claim as being preempted by patent law and rejecting BearBox LLC owner Austin Storms bid to be named a sole or joint inventor on Lancium LLCs patent.

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Patently-O

JANUARY 13, 2022

The chart below shows the number of Supreme Court patent decisions broken-up by decade. Subsequently, the Court limited the number of patent cases it heard via the certiorari process. Oracle , which discusses substantive patent issues). Reasonable minds will differ on what counts as a “patent case.”

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The IPKat

APRIL 24, 2023

Last Friday, WIPO published An International Guide to Patent Case Management for Judges. For each jurisdiction, there are several chapters which sets out the procedure and practice for managing patent cases, namely patent infringement cases., while also " integrating pertinent patent law doctrines ".

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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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IP and Legal Filings

DECEMBER 19, 2024

Patent protection may limit access to new ideas and technology and, therefore, raise concerns about disparities in access and stifle the growth of the metaverse as a shared online space. Ethical dimensions of patenting critical Metaverse innovations should be watchful and counter any anti-competitive practice that might arise.

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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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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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