LexBlog IP

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

Invention 52

Invention Inventor Patent Patent Application 52

The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

Design Patent 98

Design Patent Designs Design Patent 98

LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). 2022), and this release provides guidance regarding the open question of human inventorship for inventions developed by a person working with the assistance of an AI system. Vidal , 43 F.4th 4th 1207 (Fed.

Invention 52

Invention Inventor Intellectual Property Law Intellectual Property 52

Intellectual Property Law Blog

OCTOBER 11, 2022

Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. Additional detail on each case is provided below.

Patent Application 130

Patent Application Patent Invention Inventor 130

LexBlog IP

MARCH 11, 2024

Publish guidance to USPTO patent examiners and applicants addressing inventorship and the use of AI, including generative AI, in the inventive process and how inventorship issues ought to be analyzed; 2. 2] The guidance provides that AI-assisted inventions are not categorically unpatentable.

Invention 52

Invention Inventor Intellectual Property Patent 52

LexBlog IP

JUNE 22, 2023

Interesting Patents | Nintendo and Pokémon Company’s New Patent Application by Founders Legal The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. Looking for more information on patents ?

Patent Application 52

Patent Application Patent Intellectual Property Technology 52

IP Watchdog

DECEMBER 6, 2021

While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos. patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application.

Invention 122

Invention Inventor Patent Application Designs 122

The IPKat

AUGUST 11, 2023

PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. Sceptical Kat Has DABUS invented?

Inventor 52

Inventor Invention Law Ownership 52

The IP Law Blog

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. Patent Appl. While the Patent Act does not define “individual,” the U.S.

Inventor 96

Inventor Invention Patent Patent Application 96

LexBlog IP

FEBRUARY 26, 2024

The Guidance aims to clarify how patent applications involving AI-assisted inventions will be examined by patent examiners, and reaffirms the existing jurisprudence maintaining that only natural persons, not AI tools, can be listed as inventors.

Invention 52

Invention Inventor Patent Patent Application 52

SpicyIP

APRIL 30, 2024

Discussing the Delhi High Court’s Microsoft Technology Licensing v. Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. Subsequently, the patent application was rejected in September 2020.

Invention 111

Invention Art Designs Design 111

LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. To be patentable, however, both designs and functional inventions must satisfy two requirements. Telflex, Inc.,

Design Patent 52

Design Patent Designs Design Patent 52

Intepat

APRIL 19, 2023

INTRODUCTION As technology continues to evolve at an unprecedented pace, Computer-Related Inventions (CRIs) have become a crucial component of modern innovation. The Patents Act, 1970, provides for the protection of CRIs, but there has been significant debate over the years regarding the patentability of such inventions in India.

Invention 52

Invention Intellectual Property Patent Copyright 52

Intellectual Property Law Blog

JUNE 7, 2023

Unlike machine learning technology that merely classifies or predicts, generative AI creates. 2022) recently confirmed that an inventor under the patent statute must be a natural person. Patent Office two patent applications in which artificial intelligence was identified as the inventor.

Patent 130

Patent Intellectual Property Patent Application Inventor 130

SpicyIP

MARCH 7, 2023

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k).

Designs 117

Designs Design Patent Invention 117

IPilogue

SEPTEMBER 28, 2021

Apotex ], I have decided to look at precedence from around the world where courts have contemplated recognizing artificial intelligence (AI) technology as an “inventor.” However, this 2002 decision did not define whether AI technology can be an inventor. In light of the recent court decision of Thaler v Hirshfeld et al.

Technology 111

Technology Inventor Patent Patent Law 111

Patently-O

DECEMBER 20, 2023

Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. In a December 20, 2023 decision, the UK Supreme Court has agreed with American courts that an inventive machine is not deserving of patent rights. Louis seeking to patent a thermal-mug designed by an artificial intelligence machine that he created.

Invention 63

Invention Inventor Patent Ownership 63

Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application.

Patent Application 53

Patent Application Editing Patent Design Patent 53

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Biotechnology-the word suggests that this is biological advancement based on technology. Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use.

Patent 92

Patent Inventor Invention Intellectual Property 92

Intepat

JANUARY 17, 2023

A patent specification is a disclosure to the public at large regarding the invention as well as the scope of protection that would be granted to the invention. It provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection.

Invention 52

Invention Patent Public Domain Inventor 52

Patently-O

SEPTEMBER 29, 2022

Here, that “intrinsic record” is the patent document and the “Rule 12 record” is the complaint. In its amended complaint, the patentee alleged two “inventive concepts.” In addition, the patent application itself treats these features as important improvements to content distribution systems.

Invention 59

Invention Art Patent Patent Application 59

IPilogue

JUNE 2, 2022

In February 2022, however, the Federal Court of Australia joined the ranks of the United States and the United Kingdom in disallowing AI to be owners of patents, even if the product is solely created by AI. In 2021 , the Canadian Intellectual Property Office (CIPO) issued a non-compliance notice for DABUS’ patent application in Canada.

Invention 111

Invention Ownership Intellectual Property Inventor 111

LexBlog IP

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. Patent Appl. While the Patent Act does not define “individual,” the U.S.

Inventor 52

Inventor Invention Patent Application Patent 52

SpicyIP

FEBRUARY 27, 2024

This post will analyse the SB’s insights and the implications this judgement has on product-by-process patents given the recent trends of the DHC on the matter in the past year. Factual Basis of the Matter Arthrogen GMBH submitted a patent application for a method involving the use of gold particles to produce protein-enriched blood serum.

Patent 105

Patent Patent Application Invention Reporting 105

LexBlog IP

FEBRUARY 13, 2024

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act.

Inventor 52

Inventor Invention Patent Patent Application 52

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. This information is related to the patent applications. Prior art search determines the merits of patent applications.

Art 52

Art Patent Public Domain Invention 52

Patently-O

JANUARY 3, 2024

EL’s design also includes the idea of different elastic strengths. Lisa did not otherwise significantly contribute to the conception of the invention. Before filing the application, EL tried out several prototypes on the city streets and ski-slopes before settling upon a preferred approach. Question 3.

Patent Law 77

Patent Law Law Patent Patent Application 77

LexBlog IP

MAY 11, 2023

Interesting Patents | Rolex: A New Era in Wristwatch Design: Minimizing Frictional Wear with Innovative Fixing Device by Founders Legal Interesting Patents | Thursday, May 11, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

Designs 52

Designs Design Editing Patent Application 52

Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. How much will it cost to file a patent?

Patent Application 52

Patent Application Patent Invention Inventor 52

43(B)log

AUGUST 31, 2021

26, 2021) POWERbahn alleged that defendant Wahoo made false representations in its ads by failing to disclose POWERbahn and its CEO as the source of the technology behind Wahoo’s KICKR products, and by representing “that its KICKR products were innovative and incorporated new technology when they in fact were not and did not.”

Technology 59

Technology False Advertising Invention Patent Infringement 59

LexBlog IP

JUNE 30, 2022

Early efforts of patenting Metaverse technology come from the video game industry. That is, video games increasingly are designed to have interactive virtual worlds, which are a hallmark of the Metaverse. We can expect courts to look to video game technology and related cases to decide Metaverse-related issues in the future.

Technology 52

Technology Patent Invention Patent Application 52

SpicyIP

JULY 31, 2023

Is Messenger RNA Patent-Eligible? In light of the US patent dispute on mRNA platform, Aparajita discusses if the technology is eligible for patent protection at all. vs Gupta Light House on 24 July, 2023 (Delhi High Court) Image from here The dispute pertained to imitation of suit design by the defendant.

Designs 98

Designs Design Invention Intellectual Property 98

Patently-O

APRIL 21, 2024

2024), gives me pause to consider more general eligibility issues of AI Inventions. When does the design or creation of AI system elements qualify as an eligible invention? Nikola Datzov wrote what we have all been thinking: “Innovative applications of AI are everywhere we look [and are] revolutionizing our society.”

Invention 71

Invention Technology Patent Drafting Patent 71

SpicyIP

FEBRUARY 10, 2024

Deputy Controller , Madras High court rejected the contention that the subject invention was excluded for being business method. The findings of this short judgement have possible significant implications on the jurisprudence regarding 3(k) and business methods in the Patent Act. 3(k) of the Patent Act and thereby excluded.

Business 88

Business Invention Privacy Patent Application 88

Patent Trademark Blog

OCTOBER 26, 2022

In order to gain certain exclusive rights from the government, inventors must disclose detailed information on how to make and use their invention. Generally, the public benefits from the revelation of new technologies. Don’t apply for a patent. for examples of enabling and nonenabling patents. See MPEP 2164.06

Confidentiality 96

Confidentiality Patent Patent Application Invention 96

LexBlog IP

OCTOBER 11, 2022

Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. Additional detail on each case is provided below.

Patent Application 52

Patent Application Patent Inventor Invention 52

LexBlog IP

FEBRUARY 15, 2024

Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

Inventor 52

Inventor Patent Invention Patent Application 52