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. Certain other categories are “patent-ineligible subject matter:” laws of nature, natural phenomena, and abstract ideas.

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Patent Patent Application Invention Advertising 111

LexBlog IP

MAY 31, 2023

patent law, an inventor is one who contributes to the conception of at least one claim element of a given patent claim (i.e., patent law. Patent law requires that a patent application list at least one human inventor. Patent Law requires all inventor(s) to be listed.

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Inventor Patent Application Invention Patent 40

LexBlog IP

DECEMBER 13, 2023

Eliezer Accelerating Innovation: Navigating the USPTO’s New Path for Semiconductor Patents The United States Patent and Trademark Office (USPTO) recently announced an important initiative that could significantly impact the semiconductor industry.

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Technology Intellectual Property Law Patent Application Intellectual Property 52

The IPKat

MARCH 26, 2023

Here’s what Daria writes: Expected introduction of a full patent examination in Switzerland: Opportunity or burden? by Daria Bohatchuk The patent law revision is currently underway in Switzerland. 59 (4) of the Patents Act, Botschaft , 11, 12). Full patent examination in Switzerland: quo vadis?

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Patent Patent Application Invention Intellectual Property 134

SpicyIP

SEPTEMBER 19, 2023

Image from here The Draft Patent (Amendment) Rules, 2023 is quite the mixed bag. The Indian patent prosecution stage holds a very important spot in the overall patent regime of the country.

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Patent Patent Prosecution Patent Application Publishing 98

Patently-O

OCTOBER 16, 2023

Google decision threatens to grind to a halt, or at least significantly restrict, a once-common patent prosecution strategy – keeping continuation applications pending for years to obtain new claims that cover marketplace developments. Google LLC , 20-06754 WHA, 2023 WL 6542320 (N.D. 6, 2023). Sonos Inc. Sonos Inc.

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Patent Patent Prosecution Invention Inventor 125

The IPKat

JANUARY 2, 2024

Final thoughts It is hard to think of a more fundamental question for patent law other than that of how the words in a claim should be interpreted. It is therefore highly undesirable for there to be confusing and contradictory Boards of Appeal case law on this issue.

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Art Law Patent Patent Application 62

The IP Law Blog

MARCH 30, 2023

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. Most of these fee reductions have an effective date of March 22, 2023, with the remaining ones effective as of April 1, 2023.

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Business Inventor Patent Licensing 98

IPilogue

FEBRUARY 13, 2023

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. For the first time in decades, the US Supreme Court will engage with enablement in patent applications. The requirement of enablement in US patent law is codified in 35 USC s.

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Patent Invention Art Inventor 101

Patent Trademark Blog

JANUARY 12, 2023

How many patents have I obtained for clients? As of January 10, 2023, the total number of US patents I have obtained for clients is 695. Number of US Patents by Patent Attorney Vic Lin. That total includes both utility and design patents in the US. They can still practice trademark or copyright law.

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Patent Patent Application Registration IP 98

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. After talking again with Jane, EL decided to patent the device. He initially filed a provisional patent application in June 2020. The non-provisional patent application included the following two claims: 1. Question 3.

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Patent Law Law Patent Patent Application 76

LexBlog IP

AUGUST 28, 2023

In view of this ruling, patent practitioners should endeavor to explain sufficiently in the written description the specific aspects of how machine learning features (and other computer-implemented invention features) operate in order to demonstrate sufficient enablement. Patent Law (specifically 35 U.S.C. § § 112(a)).

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Invention Patent Application Art Patent 52

SpicyIP

MARCH 6, 2023

on 22 February, 2023 (Delhi High Court) The dispute pertained to the use of “Sona” as a part of the mark and trade name “Sona Mandhira Pvt. on 24 February, 2023 (Delhi High Court) In the present case, the plaintiff alleged infringement of its device “Royal” and passing off by the defendant’s adoption of “Zabreen Royal” device.

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Designs Design Music IP 116

The IPKat

JANUARY 12, 2024

At the close of 2023, the Supreme Court of the United Kingdom handed down its eagerly awaited and widely publicized judgment in Thaler v Comptroller-General confirming that a patent application may not name an AI machine as an inventor. So for those beloved folks, this article in Cycling Weekly will really hit the spot.

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IP Intellectual Property Law Law Invention 67

LexBlog IP

MAY 12, 2023

Court of Appeals for the Federal Circuit recently determined that only humans can be named as inventors on a patent. Patent and Trademark Office is currently seeking public comments on AI inventorship. There is potential for near-term evolution in this area of patent law. Vidal , 43 F.4th 4th 1207, 1210 (Fed. 2022), cert.

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IP Invention Intellectual Property Inventor 40

The IP Law Blog

NOVEMBER 9, 2023

In 2011, Hormel filed a patent application for the two-step process, omitting HIP’s involvement. The ‘498 Patent was issued from this application in 2018. On November 6, 2023, the U.S. Hormel conducted testing at Unitherm and later at Hormel. Also, Howard was not named as an inventor.

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Inventor Invention Art Patent 110

Patently-O

NOVEMBER 22, 2023

The chart above shows a visualization of the percentage of issued patents that include means-plus-function (MPF) claims over time, with two separate estimates based on the wording used in the claims. As MPF claims were declining, patent applicants still felt the draw for functional limitations and began to use alternative claiming strategies.

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Invention Patent Application Technology Patent 62

LexBlog IP

DECEMBER 18, 2023

In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171 , and as explained in our previous post , the U.S. 17, 2023) (emphasis added). ” 80 Fed. .”

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LexBlog IP

MARCH 5, 2023

Nu Tsai Capital, LLC, [2023-1146] (February 17, 2023), the Federal Circuit vacated a preliminary injunction against Lite-Netics patent-related speech, holding that the district court abused its discretion. 6 for filing the most patent applications on behalf of those companies. In Lite-Netics, LLC v.

Patent Infringement 52

Patent Infringement Patent Intellectual Property Law Litigation 52

Patently-O

APRIL 16, 2024

2023 WL 3335538 (Fed. May 10, 2023), in which Vanda’s patent on a method of using tasimelteon to treat Non-24-Hour Sleep-Wake Disorder was invalidated for obviousness, based in part on the companies compelled public disclosure of the existence of a then-ongoing phase III clinical trial of tasimelteon in Non-24 patients.

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Art Patent Journalism Publishing 75

The IP Law Blog

JUNE 8, 2023

The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. People.ai’s patents are some of the latest casualties.

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Patent Invention Business Patent Application 98

SpicyIP

MARCH 7, 2023

Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Sukarm Sharma Software patenting remains one of the most contentious issues in patent law jurisprudence, with an ever ping-ponging legal position. Microsoft v.

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Designs Design Patent Invention 117

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

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The IP Law Blog

FEBRUARY 2, 2023

Second, they must be nonobvious over the prior art (similar inventions that existed before the patent application was filed and are known to the public). 20, 2023), the Federal Circuit Court of Appeals clarified that a key Supreme Court case decided in 2007, KSR International Co. First, they must be novel (i.e.,

Design Patent 98

Design Patent Designs Design Patent 98

The IPKat

DECEMBER 22, 2023

This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patent application. 25 sequence listing added to the pages of a divisional has now been issued ( OJ EPO 2023, A98 ). 26: Is it time for patent offices to enter the bioinformatic age? Looking beyond ST.26:

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Invention Inventor Patent Law 110

SpicyIP

MARCH 11, 2024

The Court sets aside the rejection, staying the suit until the rectification application’s disposal within eight months. Ynsect vs The Controller Of Patents on 28 February, 2024 (Delhi High Court) Image from here The appeal challenged the denial of an Indian patent application for insect treatment.

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Trademark Registration Copyright Patent 59

The IP Law Blog

JULY 20, 2023

13, 2023) (Karen E. Again, the Court rejected this argument, reasoning that because Buergofol’s counsel has twenty years of patent experience and because Buergofol is the original patent applicant, Buergofol’s counsel should be able to make such judgment calls. In Buergofol GmbH v. Omega Liner Company, Inc. ,

Art 98

Art Invention Patent Patent Application 98

LexBlog IP

NOVEMBER 9, 2023

In 2011, Hormel filed a patent application for the two-step process, omitting HIP’s involvement. The ‘498 Patent was issued from this application in 2018. .” ” On November 6, 2023, the U.S. Hormel conducted testing at Unitherm and later at Hormel. Also, Howard was not named as an inventor.

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Inventor Invention Art Patent 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Fish & Richardson is proud to announce the elevation of 15 attorneys to principals at the firm, effective January 1, 2023. Our 2023 principal class represents the breadth of talent and diversity that we strive for at Fish,” said Kristine McKinney , chief operating officer of Fish. Joel Henry (Washington, D.C.),

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Intellectual Property Journalism Intellectual Property Law Litigation 52

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

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The IPKat

DECEMBER 24, 2022

Despite the EPO's continued insistence that the issue is settled ( IPKat ), we can expect the issue to rumble on into 2023. Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) ST.26 Whilst this year has seen some truly remarkable advances in machine learning technology (e.g. 26 ( IPKat ).

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Invention Inventor Patent Publishing 76

Trading Secrets

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. You might be safe as long as the enablement requirement is not satisfied.

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Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 19, 2023

Conducting a search for competitor patents prior to committing to a substantial investment in a product can minimize wasted time and money associated with product takedown proceedings and lawsuits by providing the seller an opportunity to design around identified patents. on Amazon or elsewhere) or otherwise publicizing the product.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. You might be safe as long as the enablement requirement is not satisfied.

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Invention Confidentiality Privacy Public Use 59

The IPKat

AUGUST 16, 2021

According to the case materials, the plaintiff is a Kazakh company called G-Taxi which received, under an exclusive license, the right to use the patent for the utility model “Automated Taxi Ordering System”. The patent is valid until 21 December 2023.

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Patent Troll Marketing Marketing Patent 86

LexBlog IP

DECEMBER 26, 2023

The AI is a tool, not a solution, and it certainly isn’t a lawyer well-versed in the nuances trademark law. Patents In 2020, over 80,000 utility patent applications involved AI, and nearly 20% of all utility patent applications these days involve AI in some way. Not yet, anyway.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. You might be safe as long as the enablement requirement is not satisfied.

Invention 52

Invention Confidentiality Privacy Public Use 52