Patently-O

DECEMBER 20, 2021

Lots of the new learning in patent law over the past decade has focused on patent eligibility. 321 (1971) (antitrust – patent pools – waiver of defenses); MedImmune, Inc. 313 (1971) (non-mutual issue preclusion in patent cases); Zenith Radio Corp. 100 (1969) (antitrust – patent pools); Holmes Group, Inc.

Patent 111

Patent Patent Infringement Patent Law Law 111

IPilogue

SEPTEMBER 3, 2021

Recently, AI technology once again exceeded the legal community’s expectations by filing a patent for its invention of interlocking food containers. Under patent law, it is the general expectation that inventors are humans, not robots. Europe, Australia, and South Africa, only Australia and South Africa granted this patent.

Inventor 106

Inventor Patent Law Law Patent 106

IPilogue

SEPTEMBER 28, 2021

However, this 2002 decision did not define whether AI technology can be an inventor. The two creators listed DABUS as the inventor on two applications for patents for the inventions of a light beacon and a food container. On appeal, Judge Brinkema agreed that Thaler and Abbott could not list DABUS as the inventor on a patent.

Technology 111

Technology Inventor Patent Patent Law 111

IP Watchdog

AUGUST 7, 2021

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. If AI-related patent applications and grants are on the uptick, what was the problem with DABUS?

Inventor 142

Inventor Technology Patent Application Invention 142

Intellectual Property Law Blog

SEPTEMBER 1, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See Alice Corp.

Patent 275

Patent Patent Application Technology Invention 275

LexBlog IP

MAY 20, 2022

PatentNext Summary: Artificial Intelligence (AI) Patent Application filings continue their explosive growth trend at the U.S. Patent Office (USPTO). At the end of 2020, the USPTO published a report finding an exponential increase in the number of patent application filings from 2002 to 2018. This trend has continued.

Patent Application 98

Patent Application Patent Invention Art 98

IIPRD

JANUARY 18, 2024

For example, Patent Law aims to prevent copying or imitating patented goods by anyone other than the patentee. In other words, it provides a chance of monopoly to the Patentee as far as the use of their patented product is concerned. In contrast, the CCI has the authority to decide upon all the happenings in the market.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Licensing 52

Intellectual Property Law Blog

SEPTEMBER 8, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See Alice Corp.

Patent 246

Patent Patent Application Invention Art 246

Kashishipr

OCTOBER 20, 2021

The evergreening of patents is a common element of pharmaceutical patents. The evergreening of patents is a common element of pharmaceutical patents. The most crucial method that global medicine enterprises use is drug evergreening of patents.

Patent 105

Patent Intellectual Property Inventor Government 105

Patently-O

JULY 6, 2022

USPTO (Supreme Court 2022) focuses the question of whether COURTS have power to create non-statutory patentability doctrines. Does the judiciary have the authority to require a patent applicant to meet a condition for patentability not required by the Patent Act? SawStop Petition for Certiorari. Gass’s U.S.

Patent 75

Patent Art Invention Inventor 75

Biswajit Sarkar Copyright Blog

SEPTEMBER 25, 2023

What is invented through biotechnological processes must be protected through patent protection lest a third person misuses the same. SCOPE FOR PATENT PROTECTION: The growth of patents in biotechnology has been remarkable in recent decades, driven by several key factors that reflect the increasing importance and complexity of this field.

Invention 59

Invention Patent Intellectual Property Technology 59

TorrentFreak

MARCH 23, 2022

Reports indicated that two people – a 41-year-old man and a 30-year-old woman – had been arrested under suspicion of offenses under the Copyright, Designs and Patents Act 1988 and money laundering. To serve half sentence in custody with the remainder served on license. Confiscation Under Proceeds of Crime Act.

Licensing 133

Licensing Copyright Business Reporting 133

IP and Legal Filings

NOVEMBER 7, 2022

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. There has to be a perfect balance between patents law and competition law to provide economically meaningful monopolies. [3] Which will result into innovation in dynamic competition.

Patent Law 52

Patent Law Law Patent Intellectual Property 52

Intepat

APRIL 20, 2022

To be granted a patent, an invention by the applicant must be novel, non-obvious, and must be such that can be manufactured or used in industry. Besides these basic, requirements an invention must also not fall under the criteria of non-patentable subject matter as discussed in Sections 3, 4, and 5 of the Patents Act, 1970 (“ Act ”).

Patent 98

Patent Invention Inventor Art 98

IP Law 360

APRIL 12, 2022

Department of Defense project involving contractors like Lockheed Martin, Northrup Grumman and Raytheon infringed a pair of 2002 cooling system patents. A Court of Federal Claims judge turned down the federal government's bid to beat most of a lawsuit that claims a U.S.

Patent 40

Patent Government 40

LexBlog IP

AUGUST 22, 2022

In 2002, Mark Chester, an engineer at Koso America, Inc. (“Koso”), participated in a project to create a new valve for a hydraulic actuator. Chester and MEA filed a related patent application, which was approved in part. Thus, Chester and MEA could not have misappropriated trade secrets contained within the 2002 prototype.

Patent Application 52

Patent Application Public Domain Designs Design 52

LexBlog IP

AUGUST 30, 2023

This case is an appellate review of the district court’s findings regarding patent obviousness and priority date. Amgen also owns three patents — the ’638, ’101, and ’541 patents — covering Otezla. Issues Is the ’638 patent invalid as obvious given objective indicia of non-obviousness?

Art 52

Art Patent Inventor Marketing 52

JD Supra Law

SEPTEMBER 1, 2021

It is a common misconception, particularly among multinational businesses, that the European design protection system is nearly identical to the design patent system in the United States. In fact, this is not the case: The EU design system has significant advantages as well as certain disadvantages compared to the US system.

Designs 100

Designs Design Design Patent Business 100

The IPKat

JANUARY 18, 2022

8(1) Regulation 6/2002, the Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU on just this issue ( C-684/21 ). 8(1) Regulation 6/2002. One of the two questions at issue in the case was the role that patent documentation plays in establishing the technical functionality of the features of a design.

Designs 109

Designs Design Art Patent 109

JD Supra Law

APRIL 5, 2023

While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Graphical User Interface (GUI) refers to icons, windows, and/or menus to offer a mechanism to interact with electronic devices visually. By: International Lawyers Network

Registration 52

Registration Designs Design Law 52

The IPKat

JANUARY 25, 2024

The GC recalled that “a design is declared invalid, in accordance with the provisions of Article 8 of Regulation No 6/2002, only in the case where all of its characteristics are excluded from protection. Comment The original patent on the Lego brick expired a long time ago. On 2 February 2010 Lego obtained RCD No.

Designs 70

Designs Design Registration Intellectual Property 70

SpicyIP

AUGUST 10, 2023

of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. The petitioner approached the High Court against the decision of the Controller of Patents. But he did not.

Patent 98

Patent Government Designs Design 98

Intellectual Property Law Blog

AUGUST 25, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See Alice Corp.

Patent 173

Patent Invention Patent Application Patent Drafting 173

SpicyIP

JANUARY 11, 2022

We recently came across two decisions by the Indian Patent Office (IPO) in which patent claim applications concerning two nicotine delivery devices were rejected on the ground of the same being affected by section 3(b) of the Indian Patents Act, 1970. Section 3(i) bars the patenting of treatment processes.

Invention 119

Invention Patent Art Patent Application 119

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. Orlando Ventura , 537 U.S. 183 (2006).

Patent Law 75

Patent Law Law Patent Art 75

Intepat

MAY 4, 2023

Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. Patent law operates on two principles i.e. to encourage innovation and to promote the progress of science and technology. The problem arises when the push and pull of competition law and patent law cause friction.

Law 52

Law Patent Settlement Inventor 52

JD Supra Law

AUGUST 18, 2022

WSOU Investments, LLC d/b/a Brazos Licensing and Development, the Board denied institution of inter partes review of a patent directed to providing content to a limited display terminal (e.g., a PDA) because petitioner failed to show that a 2002 conference presentation was a printed publication.

Licensing 52

Licensing Patent 52

JD Supra Law

FEBRUARY 21, 2022

This case was the second opinion in a patent dispute saga between two poultry processing competitors over patented poultry chilling technology. in 2002 alleging that one of John Bean’s patents was invalid over certain identified prior art. See John Bean Tech. Morris & Associates, Inc., 3d 1322 (Fed.

Art 52

Art Technology Patent 52

IIPRD

APRIL 28, 2023

3] The Competition Act, 2002 in the context of Indian law also allows for a comprehensible connection between IPR law and competition law. The Competition Commission of India or the Courts may apply the provision addressing anti-competitive practise under a variety of circumstances, as set forth in Section 3(4) of the Competition Act, 2002.

Intellectual Property 52

Intellectual Property Inventor Law Marketing 52

The IPKat

SEPTEMBER 3, 2021

10 of Design Regulation 6/2002, the scope of the protection conferred by a Community design shall extend to ‘any design which does not produce on the informed user a different overall impression’. Regulation 6/2002 does not define, however, what an ‘informed user’ is. This approach was later set in stone in para.

Designs 136

Designs Design Law Art 136

Intellectual Property Law Blog

DECEMBER 21, 2023

21, 2023) , the case addresses the Patent Trial and Appeal Board’s (“PTAB’s”) authority to issue a Final Written Decision in a post grant review (“PGR”) after the prescribed statutory deadline. 9,693,961 (“the ‘961 patent”). In March 2018, Collegium petitioned the PTAB for PGR of claims 1-17 of the ‘961 patent.

Litigation 147

Litigation Patent Art Designs 147

IPilogue

JUNE 2, 2022

Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor.

Invention 111

Invention Ownership Intellectual Property Inventor 111

Intepat

APRIL 20, 2022

Patentable requirements. To be granted a patent, an invention by the applicant must be novel, non-obvious, and such that it can be manufactured or used in industry. For instance, the European Patent Convention only demands the enablement requirement be fulfilled ( Article 83 ). . Still, once the patent is granted in the U.S.,

Patent 52

Patent Invention Inventor Art 52

The TTABlog

JUNE 12, 2024

11, 63 USPQ2d 1321 (2002) However, States may not assert sovereign immunity where a federal agency exercises its superior sovereignty in agency enforcement actions instituted upon information supplied by a private party to ensure State compliance with federal law, even if some aspects of civil litigation procedure are applied. 743, 760 n.11,

Registration 67

Registration Trademark Litigation Government 67

SpicyIP

AUGUST 1, 2021

The Report focuses on reviewing the working of the Patents Act since its 2005 amendment that brought the Indian legislation in compliance with the TRIPS Agreement. A significant portion of the Report is dedicated to suggesting changes to the Patents Act, albeit without much justification on why these changes are needed.

Reporting 140

Reporting Patent Law Law Patent 140

The IPKat

JANUARY 30, 2022

DESIGNS The Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU (Case C-684/21) on the role of alternative designs in the examination of Article 8(1) of Regulation 6/2002. Background, analysis and comments are provided by GuestKat Anastasiia Kyrylenko.

Moral Rights 76

Moral Rights Database Right Designs Design 76

Olartemoure Blog

FEBRUARY 3, 2023

In order to harmonize the Spanish trademark system with that of the European Union and to speed up trademark procedures, on January 14, 2023, the last amendment contained in the reform of the Spanish Trademark Law (Law 17/2001) and its Royal Implementing Regulations (Royal Decree 687/2002), related to the nullity and revocation procedures of Spanish (..)

Trademark Law 52

Trademark Law Trademark Law Intellectual Property 52