JD Supra Law

JANUARY 4, 2024

In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law.

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Inventor Patent Law Law Patent 75

The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. 9,980,498 (the “’498 Patent”). Also, Howard was not named as an inventor.

Inventor 110

Inventor Invention Art Patent 110

Intellectual Property Law Blog

JULY 26, 2023

Background Hormel Foods appealed the District Court’s ruling that David Howard should be added as a joint inventor on its patents. Issue Whether Mr. Howard is a joint inventor based on the significance of his alleged contribution. is insignificant in quality when measured against the dimension of the full invention.”

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Inventor Invention Art Patent 130

JD Supra Law

FEBRUARY 19, 2024

The Background: In response to the Biden administration's "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" on October 30, 2023, the U.S. The guidelines were published in the Federal Register on February 13, 2024.

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Invention Inventor Publishing Trademark 85

JD Supra Law

DECEMBER 27, 2023

On 20 December 2023 the UK Supreme Court handed down its judgment in the long-running saga of the DABUS patent applications in the United Kingdom. By: Locke Lord LLP

Patent Application 73

Patent Application Inventor Patent Invention 73

Intellectual Property Law Blog

OCTOBER 6, 2023

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § patent system from a first-to-invent system to a first-to-file system.

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Invention Patent Application Inventor Government 162

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. 1783 (2023). Thaler concerns two patent applications (GB1816909.4 Vidal , 43 F.4th

Invention 63

Invention Inventor Patent Ownership 63

JD Supra Law

NOVEMBER 3, 2023

On May 2, 2023, the U.S. that reversed a district court’s decision to grant plaintiff’s request to have their employee listed as an inventor, finding that HIP employee David Howard’s alleged contribution to U.S. 9,980,498 was “insignificant in quality” when “measured against the dimension of the full invention.”.

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Inventor Invention Patent 68

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] Consult with the Director of the United States Patent Office and issue recommendation to the President on potential executive actions relating to copyright and AI.

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Invention Inventor Intellectual Property Patent 52

IP Intelligence

FEBRUARY 23, 2024

Further to President Biden’s 2023 executive order (EO) on the safe, secure and trustworthy development and use of artificial intelligence (AI) last year ( see [link] ), the U.S. Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] In Thaler v.

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Invention Inventor Patent Application Designs 52

Olartemoure Blog

JUNE 23, 2023

Natural and legal persons may participate in this contest, and the inventions submitted must not have been presented in previous contests. In the case of submitting inventions that do not have a patent in force or pending, they may be submitted as long as they are completely innovative and have not been publicly disclosed.

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Inventor Intellectual Property Invention Registration 52

The IPKat

DECEMBER 20, 2023

The UK Supreme Court has today handed down its decision Thaler v Comptroller [2023] UKSC 49. The outcome of this appeal turned on three issues: Issue 1 is the scope and meaning of ‘inventor’ in the 1977 Act. The judgment under appeal by the Court of Appeal was reported here.

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Inventor Patent Ownership Reporting 86

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.

Invention 52

Invention Inventor Patent Patent Application 52

Intellectual Property Law Blog

JUNE 23, 2023

On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023 , which seeks to clarify the jurisprudence surrounding 35 U.S.C. § A mental process performed solely in the mind of a human being. An unmodified human gene, as that gene exists in the human body.

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Patent Invention Inventor Business 130

The IPKat

DECEMBER 22, 2023

PatKat reviewing the year It is time once more for the IPKat patent year in review! Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Food for thought. This is one to watch for 2024.

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Invention Inventor Patent Law 110

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. This year’s exam is very loosely based upon an interesting patent that I found associated with the Tow Whee product created by Eric Landis. Lisa did not otherwise significantly contribute to the conception of the invention. Question 3.

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Patent Law Law Patent Patent Application 77

JD Supra Law

MARCH 15, 2024

On December 20, 2023, the UK Supreme Court dismissed Dr. Stephen Thaler’s appeal from the Court of Appeal (England and Wales), finding that AI cannot be an inventor because an inventor must be a natural person1. This issue has yet to be addressed in Canada. By: Smart & Biggar

Inventor 68

Inventor Patent Invention 68

Patently-O

APRIL 26, 2023

Though the patent system exists to promote innovation, it also serves to promote inventors and innovators. For more visit, For more stories, and to add your own story , visit the “Inventor’s Diary” at www.diversitypilots.org. What did becoming an inventor mean to you? ” – Sujesha S., ” – Sujesha S.,

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Inventor Blogging Invention IP 85

Patently-O

MAY 25, 2023

2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide catheter used in interventional cardiology procedures. In an attempt to invalidate these patents, Medtronic launched a succession of Inter Partes Review (IPR) petitions. Patent 7,736,355 (“Itou”) could be regarded as prior art.

Invention 71

Invention Inventor Art Patent Application 71

LexBlog IP

NOVEMBER 9, 2023

” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. 9,980,498 (the “’498 Patent”). Iolab Corp.

Inventor 52

Inventor Invention Art Patent 52

IP Watchdog

FEBRUARY 1, 2023

Last October, the United States Patent and Trademark Office (USPTO) issued a Request for Comments on USPTO Initiatives To Ensure the Robustness and Reliability of Patent Rights. Responses to this request are due by this Thursday, February 2, 2023. We need patents that are respected when they are issued. 2) Flexibility.

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Patent Prosecution Patent Inventor Invention 109

Intellectual Property Law Blog

JULY 25, 2023

This case addresses requirements to correct inventorship of a patent. Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. Three months before filing the applications for the six patents, Ragner held a meeting to seek investors, which included Berardi.

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Inventor Designs Design Invention 130

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. 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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Patent Application Inventor Patent Invention 62

Selvam & Selvam Blog

AUGUST 24, 2023

The Ministry of Commerce and Industry has recently released The Draft Patents (Amendment) Rules 2023 for public comment. Introduction of Form-31: Purpose: To claim that a patent application isn’t anticipated by prior public display. Key Details Required: Date of the earliest invention display.

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Patent Invention Patent Application Inventor 52

The IPKat

MAY 19, 2024

The USPTO has issued a request for comments regarding the impact of AI on patentability. The USPTO specifically calls for views on how the proliferation of AI could affect evaluations of patentability, including what qualifies as prior art and the capabilities of the person skilled in the art. Comments are due by 29 June 2024.

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Patent Art Invention Patent Law 62

LexBlog IP

MAY 31, 2023

If such new content forms part of a new “invention” (i.e., part of a patent claim), does the AI system need to be listed as an “inventor”? It may all come down to “conception” – that is, whether an AI system can mentally conceive and contribute to an invention. an invention).

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Inventor Patent Application Invention Patent 40

JD Supra Law

FEBRUARY 5, 2024

As part of the America Invents Act (“AIA”), Congress moved the patent system from a first-to-invent to a first-inventor-to-file system. For patents governed by the new first-to-file system, the Act also eliminated interferences, which are administrative priority contests before the PTAB.

Technology 65

Technology Invention Inventor Patent Application 65

Intellectual Property Law Blog

FEBRUARY 13, 2024

16, 2023) , the Federal Circuit considered whether U.S. Background Medtronic filed two IPR petitions challenging certain claims in Teleflex’s ’116 patent. In Medronic, Inc. Teleflex Life Sciences Limited, 2022-1721, 2022-1722 (Fed. Medtronic appealed. Under pre-AIA 25 U.S.C. §

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Invention Art Inventor Patent 130

IP Watchdog

MAY 17, 2023

And the similarly savory subject of who must be named inventor on a bacon patent was the issue in the recent case of HIP, Inc. May 2, 2023). HIP claimed that one of its employees materially contributed to the invention of Hormel’s patent on methods for precooking bacon. Hormel Foods Corp., 2022-1696 (Fed.

Intellectual Property Law 81

Intellectual Property Law Law Inventor Intellectual Property 81

The IP Law Blog

MARCH 30, 2023

The United States Patent and Trademark Office (“USPTO”) has reduced the patent fees for small businesses and certain other applicants. This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system.

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Business Inventor Patent Licensing 98

JD Supra Law

JANUARY 4, 2023

While the Court of Appeals for the Federal Circuit made clear this year that only humans can be inventors and that an AI program itself cannot obtain a patent (see our prior coverage of Thaler v. Vidal ), this in no way means that AI-assisted inventions are not patentable. By: MoFo Tech

Technology 97

Technology Inventor Invention IP 97

Intellectual Property Law Blog

OCTOBER 24, 2023

This case addresses how Patent Term Adjustment (PTA) interacts with obviousness-type double patenting (ODP). for infringement of four patents. Subsequently, Samsung requested four ex parte reexaminations asserting that the patents were unpatentable based on ODP, which was not raised by the examiner during prosecution.

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Designs Design Patent Inventor 147

LexBlog IP

MARCH 10, 2023

Do You Need Multiple Patents for a Single, Multi-Use Invention? If your invention has multiple innovations or components, you may be wondering whether to file separate patent applications for each innovation or file one application for the entire invention. Does the single invention have different uses?

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Invention Patent Application Patent Licensing 52

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. SWINGBACK WHEELCHAIR FOR EASY TRANSFER OF PATIENTS US20210307979A1 Inventor: Carrie Mabe Assignee: Individual Date of Patent: Oct.

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IP Inventor Intellectual Property Invention 105

Intellectual Property Law Blog

MAY 22, 2023

On May 18, 2023, the Supreme Court of the United States issued a unanimous decision in the case of Amgen Inc. After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. §

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Invention Art Patent Inventor 246

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. The court unanimously found that AI cannot.

Patent Application 52

Patent Application Inventor Patent Invention 52

IP Close Up

JANUARY 3, 2024

IP CloseUp, weekly perspective on intellectual property trends and business, broke through 392,000 views and 272,000 visits in 2023, on its way to 400,000 plus Continue reading

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Intellectual Property IP Inventor Invention 91