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The relevance of G 2/21 to machine learning inventions (T 2803/18)

The IPKat

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

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Associate Casey Kraning Authors Article for The National Law Journal “Congress and the America Invents Act – An Update on Recent Developments in the Senate”

Fish & Richardson Trademark & Copyright Thoughts

Read the full article in The National Law Journal. Several Senate bills have been proposed over the last year to enact changes to the America Invents Act relating to post-grant practice before the Patent Trial and Appeal Board. PDF copy available. Patrick Leahy, D-Vermont, and John Cornyn, R-Texas.

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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated.

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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated.

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The SPC alphabet: Are combination product SPCs precluded by Article 3(a), (c) and/or (d)?

The IPKat

A new referral to the CJEU from the Finish Market Court seeks clarification on the interpretation of Article 3(c) of the SPC Regulation with respect to combination products. Are combination products ruled out from SPC protection under Article 3(d)? Article 3 of the SPC Regulation is provided below (*) for reference.

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Seeing Clearly: Article III Standing of IPR Judicial Review

Patently-O

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. The Federal Circuit dismissed Allgenesis’s appeal because Allgenesis failed to establish Article III standing to appeal. He has an extensive background in chemistry, food science, and viticulture.

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Keeping up with Belgian patent litigation: Year case law review 2021

The IPKat

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)