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USPTO Delivers Inventorship Guidance on AI-Assisted Inventions

IP Intelligence

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] The Guidance strives to ensure balance between protecting and incentivizing AI-assisted inventions and not hindering future human innovation, as “the patent system is designed to encourage human ingenuity.” [2]

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Providing a Detailed Explanation of the Evidence

Patently-O

Relevant for this appeal was its attempt to provide evidence showing it was the first to make the claimed invention, antedating the prior art. The following comes from the briefs by the patentee: The inventors conceived of the claimed subject matter before Kovatch’s January 4, 2000 U.S. priority filing date. 2059, Occhiogrosso Dec.

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Eligibility of Computer-Implemented Inventions Behind Unprecedented Numbers of Patent Office Rulings

LexBlog IP

The number of published Patent Office decisions relating to subject-matter eligibility of patent claims has risen from fewer than one per year in the 2000-2009 decade to 19 decisions in 2021 and 21 decisions in just the first seven months of 2022. Almost all of these have related to computer-implemented inventions.

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Petition for review filed in referring decision to G2/21 (T 0116/18)

The IPKat

G 2/21 and T 0116/18 : Case catch-up In G 2/21 , the EBA considered whether post-published evidence may be taken into account for inventive step. In order to be relied on for inventive step, a technical effect must be "conceptually comprised" in the broadest technical teaching of the application as filed ("encompassed").

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Alice is Alive and Well!

The IP Law Blog

First, only inventions are patentable. Second, only certain inventions are patentable. 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. Not everything is patentable.

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Patent – a shield for modern biotechnology

Biswajit Sarkar Copyright Blog

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. Patents provide protection to innovations as well as commercialization of inventions.

Patent 92
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Arbutus Biopharma Corporation, FKA Protiva Biotherapeutics, Inc., v. Modernatx, Inc., FKA Moderna Therapeutics, Inc. No. 2020-1183 (Fed. Cir. April 11, 2023)

Intellectual Property Law Blog

Background The ’127 patent is directed to an invention that provides stable nucleic acid-lipid particles (“SNALP”) that have non-lamellar structure and “comprise a nucleic acid … methods of making SNALP, and methods of delivering and/or administering the SNALP.” ’127 This case addresses the legal standard for inherent anticipation.

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