SpicyIP

DECEMBER 22, 2023

[ On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. Interestingly, this comes after another recent judgement where a London court ruled that an artificial neural network is patentable.

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Invention Inventor Patent Registration 59

Intellectual Property Law Blog

JUNE 5, 2023

Background In 2015, Ironburg Inventions Ltd. 8,641,525 (“the ’525 patent”). . § 315(e)(2); and (2) the “skilled and diligent searcher” inquiry itself with respect to what a skilled and diligent searcher reasonably would have been expected to discover. Ironburg”) sued Valve Corporation (“Valve”) for infringing U.S.

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Invention Art Litigation Patent 130

LexBlog IP

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

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Invention Inventor Patent Patent Application 52

JD Supra Law

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, the U.S. Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). By: BakerHostetler

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Invention Patent Application Trademark Patent 66

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

The IPKat

SEPTEMBER 10, 2023

The minutes are brief but confirm the Board of Appeal's decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. The inventive step of the claimed invention was acknowledged based on the post-published data submitted by the Patentee. How many moths needed for an invention?

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Invention Publishing Law Patent Application 120

JD Supra Law

MARCH 4, 2024

The US Patent and Trademark Office (USPTO) recently issued what it labeled as Inventorship Guidance for AI-Assisted Inventions [Docket No. PTO-P-2023-0043]. To begin with, the USPTO warns that its “guidance does not constitute substantive rulemaking and does not have the force and effect of law.”.

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Invention Trademark Law Patent 66

IP Watchdog

FEBRUARY 1, 2023

During the PTAB Masters 2023 program, which was held this week on Tuesday and Wednesday at IPWatchdog’s headquarters in Ashburn, Virginia, former U.S. Kappos was Director during the enactment and implementation of the America Invents Act (AIA), which established the PTAB.

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Invention Trademark Patent Government 126

JD Supra Law

NOVEMBER 22, 2023

Medtronic filed two IPR petitions challenging certain claims in a patent owned by Teleflex. Teleflex argued that Itou was not prior art because the invention claimed in Teleflex’s patent was conceived before Itou’s critical date and was. (PTAB) Nov. Opinion by Lourie, joined by Prost and Chen.

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Patent Art Invention 63

JD Supra Law

FEBRUARY 13, 2024

On July 24, 2023, the United States Patent and Trademark Office (USPTO or Office) promulgated a revised interim process for Director Review of Patent Trial and Appeal Board (PTAB or Board) decisions in proceedings under the America Invents Act (AIA).1

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Invention Trademark Patent 66

The IPKat

AUGUST 4, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

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Invention Art Patent Reporting 98

The IPKat

NOVEMBER 13, 2023

A recent Board of Appeal decision T 0273/22 related to a patent in the same family as that of the landmark UK Supreme Court decision Regeneron v Kymab. In particular, in this divisional patent Regeneron had attempted to avoid a novelty attack by explicitly disclaiming embodiments of the invention from the claim.

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Invention Art Patent Law 73

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

Biswajit Sarkar Copyright Blog

SEPTEMBER 27, 2023

August 22, 2023, the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, proposed the Patents (Amendment) Rules, 2023. This set of amendments if accepted has the potential of altering the entire patent ecosystem of the nation.

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Patent Invention Patent Application Designs 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

SpicyIP

MAY 17, 2023

Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. Prabhat Kumar Saha highlighting certain concerns of the USTR in the 2023 Special 301 Report and assessing the same from a public health perspective.

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Reporting Intellectual Property Patent Application Intellectual Property Law 137

The IP Law Blog

FEBRUARY 29, 2024

The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. 12/20/2023) 2023 U.S. The applicant appealed to the Patent Trial and Appeal Board; the PTAB affirmed the examiner’s decision. section 101.

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Patent Patent Application Invention Advertising 111

IP Watchdog

SEPTEMBER 13, 2023

2023 FCA 168], a 3-0 decision, recently set aside the test on subject matter eligibility of computer-implemented inventions laid down by the Federal Court [2022 FC 923] last year. Benjamin Moore & Co.

Invention 64

Invention Patent Litigation Technology 64

JD Supra Law

FEBRUARY 20, 2024

The US Patent and Trademark Office (USPTO) recently issued new Inventorship Guidance for AI-Assisted Inventions (“Guidance”), effective as of February 13, 2024. The Guidance reiterates and adds more details to the current state of play.

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Invention Trademark Patent 61

JD Supra Law

DECEMBER 5, 2023

March 10, 2023) In a PTAB decision that was recently designated precedential, the Board made two important decisions concerning provisional patent applications. Critically, the Board held that the America Invents Act (AIA) brought forth a change in how provisional patent applications are considered in the prior art analysis.

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Patent Application Invention Art Designs 61

JD Supra Law

FEBRUARY 15, 2024

In 2023, Fintiv—the precedential Order issued in 2020 that established a six-factor framework that the Patent Trial and Appeal Board (PTAB) applies when evaluating whether to exercise its discretion to institute an America Invents Act (AIA) trial when there is co-pending litigation—continued to grab headlines and spark controversy.

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Litigation Invention Reporting Patent 66

The IPKat

NOVEMBER 6, 2023

In the recent UK decision Astellas v Teva [2023] EWHC 2571 (Pat) Mr Justice Mellor in the High Court considered sufficiency, inventive step and infringement of Astellas' formulation patent for mirabegron. The decision also deviates from EPO practice on sufficiency and the inventive step of selection inventions.

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Invention Patent Law Patent Law 67

Intellectual Property Law Blog

OCTOBER 6, 2023

This case addresses whether patents relating to methods and systems for connecting users based on their answers to polling questions claim patentable subject matter under 35 U.S.C. § Background Trinity sued Covalent for patent infringement of U.S. Patent 9,087,321 (“the ’321 patent”) and U.S. 321 patent col.

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Invention Art Patent Technology 147

JD Supra Law

MARCH 22, 2024

In 2023, the Patent Trial and Appeal Board (PTAB) reversed examiners’ decisions in about 30% of appeals, and only in about 7% of appeals related to patent applications for business methods, which include financial technology (fintech) inventions. By: ArentFox Schiff

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Patent Application Patent Invention Business 71

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

JD Supra Law

MARCH 7, 2023

Be careful of showing your claimed inventions at tradeshows. On February 15, 2023, the Federal Circuit (“CAFC”) affirmed a summary judgment ruling that, by merely showcasing an embodying device at an industry event (the “Event”), Minerva Surgical, Inc. By: Irwin IP LLP

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Public Use Invention IP Patent 97

IP Close Up

JUNE 13, 2023

Videos of the five panels and keynote from the 2023 Intellectual Property Awareness Summit – including Andrei Iancu’s compelling analysis of the power of IP Continue reading

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Intellectual Property Invention IP Inventor 67

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.

Patent Law 73

Patent Law Law Patent Art 73

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.

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Invention Inventor Art Patent Application 70

The IPKat

MARCH 29, 2024

The European patent at issue in T 1437/21 ( EP 2981271 ) related to the second medical use of a known drug (empagliflozin) in a subpopulation of patients. The prior art cited against the patent was the patentee's own press releases reporting the success of a phase III clinical trial of the drug in the broader patient population.

Invention 57

Invention Art Reporting Patent 57

Patently-O

JULY 13, 2023

by Dennis Crouch If you break it down far enough, every invention is simply a combination of known materials or steps. July 10, 2023) zeroes in on the motivation-to-combine analysis. Medtronic has two patents that cover medical leads for nerve stimulation. ” The Federal Circuit’s recent decision in Axonics, Inc.

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Invention Art Patent Patent Law 75

IP Law 360

JANUARY 2, 2023

The Supreme Court's foray into what it takes to enable someone to make a patented invention, the patent infringement implications of labels on generic drugs and a dispute over which arguments can be in court following an inter partes review are among the patent cases attorneys will be tracking this year.

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Patent Invention Patent Infringement 75

SpicyIP

AUGUST 19, 2023

As reported, both Houses of Parliament recently passed the Jan Vishwas Bill, 2023 (JV Bill). Major intellectual property rights laws – the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999 and the Geographical Indications Act, 1999, have also been amended. The scope of the term ‘worked’ is debated).

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Business Licensing Copyright Government 98

Trading Secrets

OCTOBER 31, 2023

Background On September 15 th 2023, Governor Kathy Hochul signed into law an amendment to the New York Labor Law. The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees. Employers may wonder, what constitutes an “invention”?

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Invention Intellectual Property Law Business 59

LexBlog IP

MARCH 13, 2023

Combining Multiple Inventions in an Single Patent Application @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: However, is combining multiple related inventions into a single patent application worth the cost savings? important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display:

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Patent Application Invention Patent Licensing 52

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

Patent 52

Patent Patent Application Government Designs 52

JD Supra Law

JULY 18, 2023

July 14, 2023) Our case of the week addresses a wrinkle in the law concerning disputes between parties that filed patent applications covering the same invention on either side of the effective date of the America Invents Act (the AIA). SNIPR Technologies Limited v. Rockefeller University, Appeal No. 2022-1260 (Fed.

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Invention Patent Application Technology Law 52