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The Quest for a Meaningful Threshold of Invention: Atlantic Works v. Brady (1883)

Patently-O

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.”

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Decoding The Scepticism Of Overlap Between Patents Law And Competition Law

IP and Legal Filings

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. Intellectual property rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention. C) 464/2014 decided on 30.03.2016. [6]

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Discerning Signal from Noise: Navigating the Flood of AI-Generated Prior Art

Patently-O

Services like All Prior Art are using AI to churn out and ‘publish’ many millions of generated texts, hoping some will preempt future patent applications. See my 2014 post. That claim requires too much follow-on research work and so does not sufficiently disclose the invention. 102, and are presumed to be enabling.

Art 109
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US Supreme Court to Deal with the Patent Enablement Standard

IPilogue

Specifically, Amgen seeks to appeal a decision from the Federal Circuit , in which the court found Amgen’s patents invalid for lack of enablement. The requirement of enablement in US patent law is codified in 35 USC s. In 2014, Amgen sued Sanofi for infringing on its patents concerning drugs for lowering cholesterol.

Patent 101
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SCOTUS Denies Cert in Thaler – The Thorny Issue of AI Inventorship

LexBlog IP

The Supreme Court yesterday declined to hear a case brought by a computer scientist whose “invention” was in fact created by artificial intelligence. Stephen Thaler was appealing a Federal Circuit decision that interpreted the Patent Act to require a human “inventor” for purposes of obtaining a patent.

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I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement.

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EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and Transparency in the Indian Patent System

SpicyIP

Section 8 and the Transparency of Indian Patent System According to Section 8 of the Indian Patents Act , patent applicants must regularly disclose to the patent office any same or substantially similar foreign applications corresponding to their patent applications for Indian inventions, and any updates relevant to their prosecution.

Patent 72