IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 1] The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. 4] Based on U.S. 5] Stated otherwise, a natural person (e.g.,

Invention 52

Invention Inventor Patent Application Designs 52

SpicyIP

APRIL 30, 2024

His passion lies in understanding the intersection of economics and public health with intellectual property rights. This post attempts to critically analyse the relevance of difference in the purported function of the invention and prior art to determine non-obviousness in identifying the inventive step.

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Intellectual Property Law Blog

FEBRUARY 6, 2024

The America Invents Act created inter partes review in 2012. However, a recent decision by Federal Circuit Judge Bryson sitting by designation in the District of Delaware provides a valuable insight on how the issue may turn out. This article was originally posted to Law360. 35 U.S.C. § In Prolitec Inc.

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IP and Legal Filings

SEPTEMBER 2, 2021

However, it is unknown to many that a significant amount of money and laws are in place to protect various Intellectual Property assets related to the Olympic games. Trademarks, industrial designs, and domain names are examples of IPs interrelated to multiple aspects of the Olympic games. Image Source: Flickr].

Intellectual Property 52

Intellectual Property Marketing Marketing Advertising 52

LexBlog IP

JANUARY 30, 2024

The amended Regulations came into effect on 20 January 2024. Another area that sees substantial changes is the design system. While the 2020 amendment of the Patent Law allowed for partial design in principle, the amended Regulations provide more detailed requirements for the filing of applications for partial designs.

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Patent Invention Patent Law Designs 52

The IPKat

DECEMBER 23, 2023

Rose Hughes outlined the recent EPO Board of Appeal decision ( T 1356/21 ), which discussed the criterion of novelty for pharmaceutical dosage regimes and selection inventions, as well as the reliance on an unexpected technical effect for inventive step.

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Intellectual Property IP Copyright Law Invention 67

The IPKat

OCTOBER 31, 2023

Conferences, events & call for papers Design reform The 2023 UNION IP Autumn Round Table will be held on November 10 2023 in Amsterdam. The agenda includes a discussion of the long awaited revision of the Community Design Regulation and Directive and the possible implications of the revised legislation as it now stands.

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Intellectual Property Law Blog

FEBRUARY 13, 2024

February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection. 4th 1323 (Fed.

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The IPKat

FEBRUARY 14, 2024

With the WIPO Diplomatic Conference fast approaching in May 2024, this Kat considered how the proposal for a disclosure of origin requirement in patent applications for inventions based on genetic resources compares with the recent law reform efforts in Australia and India. This Kat is looking forward to seeing you in sunny Alicante!

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Editing Intellectual Property Copyright Patent Application 62

LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. Operations LLC. [1]

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SpicyIP

JANUARY 1, 2024

The Assistant Controller of Patents and Designs – A Reasoned Judgement or Inherently Contradictory? Controller of Patents declared that the subject invention had technical effects. The Court, stating that there could be no monopoly over ideas, refused to grant the injunction.

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Intellectual Property IP Licensing Copyright 105

IP and Legal Filings

MARCH 19, 2024

However the limitations and restrictions for registration is present not all terms are eligible for registration… a trade mark encompasses with number of elements, including logo, slogans, shapes, sounds, even scents, all designed to distinguish product and services from other competitors.

Branding 52

Branding Brands Branding Intellectual Property 52

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

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Trademark Registration Copyright Patent 59

The IPKat

MARCH 24, 2024

Here’s what Hans writes: Horological IP and the customization of watches by Hans Eriksson The world of high-end watchmaking is a good case study for the importance of intellectual property (IP) rights. Brands like Rolex, Patek Philippe and Audemars Piguet hold rich trade mark and design portfolios and enforce their rights vigorously.

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IP Marketing Marketing Reporting 70

LexBlog IP

FEBRUARY 6, 2024

The America Invents Act created inter partes review in 2012. However, a recent decision by Federal Circuit Judge Bryson sitting by designation in the District of Delaware provides a valuable insight on how the issue may turn out. This article was originally posted to Law360. ” 35 U.S.C. § § 315(e)(2). In Prolitec Inc.

Art 52

Art Patent Invention Designs 52

LexBlog IP

FEBRUARY 13, 2024

February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection. 4th 1323 (Fed.

Art 52

Art Invention Copying Patent 52

Patently-O

APRIL 16, 2024

2024 WL 1561195 (Fed. 11, 2024) Human clinical trials play an essential role in the discovery, development, and regulatory approval of innovative drugs, and federal law mandates the public disclosure of these trials. The Court has recognized that a clinical study itself is a protected experimental use of the invention.

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Art Patent Journalism Publishing 75

Patently-O

AUGUST 3, 2023

The complaint alleges Pfizer and BioNTech initially tested different vaccine designs but ultimately chose to copy Moderna’s approach, despite being aware of Moderna’s patents. Note that the court broadly defined betacoronavirus to include later-invented forms. See Phillips v. 3d 1303 (Fed. 2005) (en banc).

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LexBlog IP

FEBRUARY 7, 2024

So far, a significant proportion of cases involving AI have centred around privacy, data protection intellectual property issues. 12] Another question that has garnered significant attention relates to the patenting of an invention created by an AI system (and, similarly, the copyright in content created by AI). 23 and 24. [4]

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Patently-O

MAY 15, 2024

In the details below, I highlight the due dates for comments, which all fall in May, June and July 2024. Public comments are invited until June 3, 2024. This aims to deter competition barriers from multiple patents on obvious variants of an invention. Comments on this proposal are invited until July 9, 2024.

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Art Intellectual Property Designs Design 44

LexBlog IP

MARCH 11, 2024

of the order, the administration charged the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USTPO) with three directives: 1. 2] The guidance provides that AI-assisted inventions are not categorically unpatentable. 1] In section 5.2

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Invention Inventor Intellectual Property Patent 52

LexBlog IP

FEBRUARY 26, 2024

The Guidance aims to clarify how patent applications involving AI-assisted inventions will be examined by patent examiners, and reaffirms the existing jurisprudence maintaining that only natural persons, not AI tools, can be listed as inventors. The USPTO is seeking public feedback on the Guidance, which is due by May 13, 2024.

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Invention Inventor Patent Patent Application 52

The IP Law Blog

FEBRUARY 15, 2024

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention.

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LexBlog IP

FEBRUARY 2, 2024

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. Under the current Standard, the range of applicable prior art combinations in design cases is limited. 2d at 391).

Design Patent 52

Design Patent Designs Design Patent 52

SpicyIP

FEBRUARY 19, 2024

His passion lies in understanding the intersection of economics and public health with intellectual property rights. The Appellant argues that sufficient reasoning has not been given as to how the applied invention lacks an inventive step. This Weekly Review is authored by SpicyIP intern Kevin Preji.

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LexBlog IP

FEBRUARY 15, 2024

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention.

Invention 52

Invention Inventor Patent Patent Application 52

SpicyIP

DECEMBER 30, 2023

Controller of Patents where the Court emphasised the requirement of the plurality of invention in divisional applications and held that plurality should be disclosed in the claims. Controller of Patents & Designs Patent Office Mumbai. Controller of Patents and Designs and Raytheon Company v. Latika Dawara, Asst.

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IP Copyright Trademark Intellectual Property 124