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.,

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LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). 2022), and this release provides guidance regarding the open question of human inventorship for inventions developed by a person working with the assistance of an AI system. Vidal , 43 F.4th 4th 1207 (Fed.

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Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. 21, 2024) (question paraphrased). Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Columbia Sportswear N.

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JD Supra Law

APRIL 8, 2024

In response to the rapidly evolving landscape of innovation and the integration of artificial intelligence (AI) into creative processes, the United States Patent and Trademark Office (USPTO) issued guidance effective February 13, 2024. By: Sunstein LLP

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The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. Diplomatic conferences are negotiating rounds where multilateral treaties are adopted or revised.

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Canadian Intellectual Property Blog

AUGUST 23, 2023

The Canadian Intellectual Property Office (“CIPO”) has announced that effective January 1, 2024, most official fees will be increasing by 25%. Significant CIPO Fee Increase Effective January 1, 2024, a one-time 25% fee increase will be implemented, impacting most patent, industrial design, trademark and copyright fees.

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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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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

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness.

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Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

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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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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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The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." 90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C.

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Patently-O

MARCH 11, 2024

5, 2024) ChewyvIBM. The second half of the post is what all patent prosecutors need to read because it delves into “magic language” – binding statements – in describing the invention. = = = Let’s start with eligibility of the ‘443 patent. International Business Machines Corp. 2022-1756 (Fed.

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SpicyIP

MARCH 12, 2024

We are pleased to announce that the Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World Network are jointly organizing a workshop on ‘Patent Opposition in the Pharmaceutical Field’ between April 26-30, 2024. The last date to apply for the workshop is March 24, 2024. The last day to apply is: March 24th, 2024.

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

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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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Patently-O

JANUARY 28, 2024

That the invention was an important real-world manufacturing innovation was, as a factual matter, thoroughly established. That is, every objective indicium of inventiveness that this Court has identified was present in the technological, traditionally patent-eligible, setting of manufacturing lines. Ficep petition for certiorari.

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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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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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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.

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Patently-O

FEBRUARY 19, 2024

Vanda sued, but lost on obviousness grounds — with the court holding that the claimed combination was obvious because it was directed to a set of known elements and a person of ordinary skill would have a “reasonable expectation of success” in reaching the resulting invention. NAPP Amicus Brief. Greenwood , 52 U.S. (11

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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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Technology & Marketing Law Blog

JANUARY 21, 2024

YouTube Uploaders Listed on Schedule A , 2024 WL 189013 (N.D. 17, 2024) * * * Bonus 1: The court issued a related ruling, Viral DRM LLC v. Onyshchuk , 2024 WL 189011 (N.D. This is a design patent SAD Scheme case. For this and many other reasons, I reiterate: #StopTheSADScheme. Case Citation : Viral DRM LLC v.

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SpicyIP

MARCH 25, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., M/S Asm Traders & Ors on 18 March 2024 (Delhi High Court ) The case centers on trademark infringement and passing off allegations brought by the Plaintiffs against the Defendants. Baxalta Incorporated v.

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Patently-O

FEBRUARY 11, 2024

Feb 9, 2024). ” Ultimately, the issue was “whether the invention appellants seek to protect by their claims is part of the invention that appellants have described as theirs in the specification.” RAI Strategic Holdings, Inc. Philip Morris Prods. 22-1862 (Fed. 2d 974 (C.C.P.A. 1965), and Indivior UK Ltd.

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Patently-O

JANUARY 12, 2024

Later this month (January 2024), the Federal Circuit will likely decide whether to keep the stay for the duration of the appeal, or to reinstate the exclusion order. Customs around a modified design. January 12, 2024) (siding with Masimo in appeal of IPR2020-01523, affirming that claims 1-7, 9-18, and 20–24 of U.S.

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IPilogue

APRIL 22, 2022

The doctrine of equivalents prevents parties from circumventing literal infringement by making minor variations to a patented invention. For example, a patent could describe a bike with two wheels (bicycle), three wheels (tricycle), or four wheels (quadracycle) and then only claim the two-wheeled design. Doctrine of Specific Exclusion.

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The IPKat

MARCH 24, 2024

Many leading watchhouses are built on groundbreaking patented inventions, like Abraham-Louis Breguet’s tourbillion, Hans Wilsdorf’s waterproof oyster seal or Richard Mille’s tonneau-shaped timepieces [see here ]. EU:C:2024:61 (see IPKat post here ) but the facts of that case was different from this case in many aspects.

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Patently-O

JANUARY 16, 2024

by Dennis Crouch A California Court of Appeals issued a product liability decision in early 2024 that raises interesting questions about the role of both carrots and sticks in innovation policy. A165558, 2024 WL 94462 (Cal. 9, 2024) Read It Here. Gilead Tenofovir Cases , No. Still, the decision here is incremental.

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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. Countering the Registry’s position that it is a mere external issue, the petitioners argued that statutory deadlines would be put at risk.

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Dragons' Den

FEBRUARY 9, 2024

Emma is a fashion designer and founder of denim company, Good American. View the IP Basics toolkit through this link: IP Basics toolkit A breath of fresh air Dancing into the Den, Will from York pitched his invention, ‘Inhaler Tailor’. A design worth registering?

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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.

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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.

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The IPKat

DECEMBER 11, 2023

Léon provides a brief summary of the book’s main argument below and announces a launch event on 12 January 2024 that promises to be interesting. That makes it reasonable to infer that these patents, on average, cover smaller parts of composite technologies than in previous times. here , at 792]. Participation is free of charge.

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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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LexBlog IP

MARCH 11, 2024

Publish guidance to USPTO patent examiners and applicants addressing inventorship and the use of AI, including generative AI, in the inventive process and how inventorship issues ought to be analyzed; 2. 2] The guidance provides that AI-assisted inventions are not categorically unpatentable. 1] In section 5.2

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