Intellectual Property Law Blog

JULY 25, 2023

Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. The district court ordered correction of the inventorship for the six patents holding that Ragner should have been a named co-inventor for all of the asserted patents.

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Olartemoure Blog

MARCH 1, 2024

However, we do know about the first self-propelled wheelchair that was invented in 1655 by Stephan Farfler in Nuremberg , a 22 year old paraplegic clock-maker who built it to aid his own mobility. Since then, there have been various technological and design advancements to improve the wheelchair. Mulhern and Stephen J. Antonishak.

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LexBlog IP

AUGUST 16, 2023

But assuming Weber’s account is a fair assessment, I would suggest that it raises additional questions about the ongoing global efforts – driven by Professor Ryan Abbott and his Artificial Inventor Project – challenging the legal barriers to AI inventorship and authorship. What is a ‘fractal bottle’?

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IP and Legal Filings

AUGUST 8, 2024

It is a statutory right which was granted by the government of India and in return the inventor of the patent have to completely disclose their creation. This allows the others to gain knowledge of the others invention and develop in the future.

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IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. The court unanimously found that AI cannot.

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LexBlog IP

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

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The IPKat

AUGUST 13, 2024

ChatGPT was a revolutionary generative AI model designed to interpret and generate human-like text. Further reading Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) (July 2022) Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything?

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The IPKat

AUGUST 4, 2024

Updated Guidance for AI inventions: Step 2A, Prong 1 Prong 1 of Step 2A asks whether the claim in question is directed to "a judicial exception". The Guidance first notes that claims to AI inventions will often involve "abstract ideas" such as mathematical concepts, methods of organising human activity or mental processes.

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LexBlog IP

JULY 25, 2023

Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. The district court ordered correction of the inventorship for the six patents holding that Ragner should have been a named co-inventor for all of the asserted patents.

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The IPKat

OCTOBER 31, 2024

However, the nascent field of AI-assisted drug design also highlights the need for IP strategy to be as forward-looking and innovative as the science it seeks to protect. As such, the patentability of a drug candidate must be a key component in drug design. Alfie (a.k.a. Protecting the platform: To patent or trade secret?

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LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

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SpicyIP

OCTOBER 1, 2024

(October 5-November 23) Following a favorable outcome of preparing students and professionals for the patent agent exam and providing them with a comprehensive guide on Patents in 2022 and 2023. The IP Press presents the third cohort of the Comprehensive Course on Patents. But this time, we have with us our ‘exclusive knowledge partner’, S.

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IIPRD

OCTOBER 7, 2024

The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artistic works, design, symbols, names, and images used in the business. The idea behind the invention is original, non-obvious, and has industrial applications, the same of which can be patented under the Patent Act, of 1970.

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Intepat

NOVEMBER 13, 2023

Women inventors are making significant strides, leaving an indelible mark on the world of innovation and intellectual property. Women & Patents Women have played a vital role in developing the Industry through their inventions. She had invented a Process for weaving straw with silk or thread.

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SpicyIP

JANUARY 17, 2024

Image by Freepik Glaring Procedural Questions Arising Out of a Recent Patent Prosecution Proceeding By Suriya Balakanthan An invention titled “THIAZOLIDIN-3-YL-IMIDAZO-PYRIDINE-3-CARBOXAMIDE AS ANTIMALARIAL AGENTS” bearing Patent Application No. Thereafter, a pre-grant opposition was filed on 09/01/2023 by Mr. T.

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The IPKat

FEBRUARY 13, 2024

The main updates this year reflect the recent decisions from the Enlarged Board of Appeal (EBA) in G2/21 (Evidence standard for inventive step/plausibility) and G 1/22 (Entitlement to priority). The impact of G 2/21 on inventive step and free evaluation of evidence (E-IV-4.1, Is the Broad CRISPR appeal coming back from the dead?

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Patently-O

FEBRUARY 13, 2023

Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting. An inventor is a presumptive owner of any resulting patent rights. The district court explains: Sywula adequately pleads he sought employment in the field of his claimed invention. 23, 2023).

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The IPKat

MAY 19, 2024

The international standards for patentability require that an invention is novel and inventive in view of the prior art. The prior art is any disclosure, written or oral, made available to the public before the filing date of the patent (with some grace period exceptions in certain jurisdictions for disclosures made by the inventor).

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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? 1, 4 (2023). Therefore, that limitation could not supply the inventive concept required to transform the claims into patent-eligible subject matter.

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Patently-O

NOVEMBER 28, 2023

by Dennis Crouch The Patent Trial and Appeal Board recently designated as precedential a portion of its Penumbra v. RapidPulse decision in that provides important guidance on the use of a provisional patent application’s filing date for 102(a)(2) prior art under the America Invents Act. 3 on November 15, 2023).

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Patently-O

NOVEMBER 22, 2023

MPF claims are a particular type of claim in patent law that allows an inventor to claim an invention based on the function that it performs, rather than the specific structure or materials used. This breadth can deter competitors by making it more difficult for them to design around the patent. For example, in Amgen v.

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Intepat

MAY 4, 2023

When an inventor is granted exclusive rights over their inventions for a specific period of time, it provides a return on their investment in terms of time, resources and capital. The idea that a specific invention will allow the inventor to reap benefits has a direct effect on incentivising inventors to create and invent more.

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Patently-O

JULY 18, 2024

The court found the claim language itself shows the invention’s focus served the human-organizing purpose of “assist[ing] an investigator in conducting a background investigation,” and the individual claim steps were all focused on information handling at a technically generic level. Covalent, Inc. , 4th 1355 (Fed.

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LexBlog IP

FEBRUARY 7, 2024

6] For example, the CMA published an initial report on AI foundation models in September 2023. [7] 6] For example, the CMA published an initial report on AI foundation models in September 2023. [7] 6] For example, the CMA published an initial report on AI foundation models in September 2023. [7]

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Patently-O

FEBRUARY 27, 2024

” Before Graham and the 1952 Act, the courts had ground their obviousness analysis in the statutory requirement of “invention” and the Constitutional purpose to “promote the Progress.” 2023) as “not[ing] the flexible approach under KSR as applied to the ‘same field of endeavor’ test.'”

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IIPRD

MAY 9, 2024

This has led to the introduction of intellectual property rights which are a set of exclusionary rights as it excludes the world from enjoying a set of rights arising out an invention or creation, except the inventor or creator. In the landmark case law titled Monsanto Holdings Pvt. Vs. Competition Commission of India and Ors.

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SpicyIP

JULY 8, 2024

Case Summaries Cornell Research Foundation vs Assistant Controller Of Patents and Designs on 05 July, 2024 (Madras High Court) The appellant was aggrieved by the order passed by the respondent, rejecting its patent application. It argued that the D1 and D3 teaches away from the invention and D5 was not relevant for the present case.

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The IPKat

MAY 31, 2023

The decision in Amgen v Sanofi thus does not change the status quo whereby achieving functional claim language for antibody inventions represents a significant challenge in the US. The Supreme Court referenced an existing analogy to highlight the challenge faced by the skilled person trying to perform the invention.

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SpicyIP

NOVEMBER 17, 2023

Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Course in Brief Dates : 22nd – 23rd November, 2023 Time : Day 1: 9:30 AM to 5:00 PM IST; Day 2: 9:30 AM to 1:00 PM IST Venue : Centre for Technology and Law, DA-IICT, Gandhinagar Duration : 1.5

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Kluwer Copyright Blog

FEBRUARY 2, 2023

And, of course, the debate on computer-generated inventions rumbled on across the world.) 21, Copyright and Related Rights Act 2000 ), New Zealand ( section 5(2)(a), Copyright Act 1994 ), South Africa (section 2(h), Copyright Act 1978 ) and the UK ( Copyright, Designs and Patents Act 1988, section 9(3) ).

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Patently-O

DECEMBER 13, 2023

The PTO responsive brief is due December 14, 2023. = = = The Federal Circuit recently affirmed a PTAB rejecting claims in a patent application filed by Institut Pasteur on the ground of obviousness-type double patenting. 13, 2023) (non-precedential). Cellect’s petition has been supported by 10 amicus briefs. 2022-1896 (Fed.

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LexBlog IP

JUNE 15, 2023

17/014762 INVENTION OVERVIEW: A new invention has emerged in digital music and content sharing that can revolutionize how we experience music and audio content. This groundbreaking invention, detailed in US 11675831 issued to Snap Inc., Geolocation Based Playlists ASSIGNEE: Snap, INC. D’Addario & Company, Inc.,

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LexBlog IP

MARCH 11, 2024

In the fall of 2023, the Biden Administration issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. [1] In the fall of 2023, the Biden Administration issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. [1]

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Selvam & Selvam Blog

AUGUST 11, 2023

In a recent order passed on August 3, 2023, the Delhi HC in Ravi Manchanda v. The Assistant Controller of Patents criticized a “mechanical, cut-paste” order rejecting a patent grant passed by the office of the Assistant Controller of Patents and Designs. In April this year, the Delhi HC in Blackberry Ltd v.

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LexBlog IP

FEBRUARY 26, 2024

President Biden mandated the issuance of such Guidance in his executive order on AI (see our prior alert here ) [1] in October 2023. However, the Guidance clarifies that AI-assisted inventions are not automatically ineligible for patent protection so long as one or more natural persons “significantly contributed” to the invention.

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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.

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Patently-O

DECEMBER 7, 2023

“Thus, when the inventors claim their invention as ‘a method of treating a patient by administering an anti-05 antibody with an Fc domain,’ they have the statutory burden under the written description requirement of section 112(a) to describe such a method, including the treating aspect of the claim recited in the claim preamble.”

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