Intellectual Property Law Blog

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. 101 and 115. 2 in the Guidance. Principle No. 3 is potentially relevant to inventions in the life sciences.

Inventor 130

Inventor Invention Patent Designs 130

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.

Patent 59

Patent Patent Application Art Editing 59

The IPKat

FEBRUARY 14, 2024

On 12 February 2024, the United States Patent and Trademark Office (USPTO) announced with a press release the publication of its Inventorship Guidance for AI-Assisted Inventions (Guidance). The Guidance has been published and will be effective from 13 February 2024.

Invention 83

Invention Publishing Inventor Designs 83

The IPKat

OCTOBER 13, 2023

In the Examining and Opposition Division, the question was answered "no" because not all inventors who were named as applicants in the US priority application had assigned the priority right in the European patent applications before filing the PCT application.

Intellectual Property 67

Intellectual Property Designs Design Inventor 67

The IPKat

MAY 17, 2023

In the meantime, here's the update from the UK IPO: Today, the IPO has published a transformation document which sets out what patents customers can expect over the next 12 months, and details of upcoming changes to IPO’s services as part of the One IPO Transformation Programme.

Patent 67

Patent Patent Application Intellectual Property IP 67

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.

Editing 62

Editing Intellectual Property Copyright Patent Application 62

LexBlog IP

DECEMBER 19, 2023

The pilot program is designed to accelerate improvements in the semiconductor industry by expediting examination of patent applications for certain semiconductor manufacturing innovations. The USPTO announced a new Semiconductor Technology Pilot Program. A link to the program can be found here. Read more

Patent Application 40

Patent Application Designs Design Technology 40

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.

Trademark 59

Trademark Registration Copyright Patent 59

Patently-O

APRIL 3, 2024

The USPTO appears to be using these fee adjustments as a tool to shape patent prosecution strategies, encouraging more compact patent applications and smaller patent families. This fee increases to $3,500 if the continuation application is filed more than eight years after the earliest benefit date.

Patent Prosecution 52

Patent Prosecution Design Patent Designs Design 52

SpicyIP

MARCH 25, 2024

They discuss how there is little to no evidence indicating that the delay in patent examination is attributed to these oppositions, and how these amendments can reduce scrutiny given in ensuring that only deserving patents are granted. Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

Trademark 52

Trademark Patent Copyright Confidentiality 52

LexBlog IP

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. 101 and 115. .” 2 in the Guidance. Principle No. Principle No.

Inventor 52

Inventor Invention Patent Designs 52

LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). A person who designs, builds, or trains the AI system in view of a specific problem to elicit a particular solution. 6 for filing the most patent applications on behalf of those companies. Vidal , 43 F.4th

Invention 52

Invention Inventor Intellectual Property Law Intellectual Property 52

LexBlog IP

DECEMBER 26, 2023

This curated guide is designed to inform and assist Founders by highlighting a variety of government and private sector programs. Atlanta Startup Growth Loan Program (ASGL) Mayor Andre Dickens has announced the Atlanta Startup Growth Loan Program (ASGL), a new initiative designed to bolster the growth of local technology startups in Atlanta.

Government 52

Government Business Contracts Inventor 52

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. In this context, the Patent Act provides no such indication, reinforcing the conclusion that an “individual” within the Patent Act refers exclusively to a natural person.

Invention 52

Invention Inventor Patent Patent Application 52

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? Nikola Datzov wrote what we have all been thinking: “Innovative applications of AI are everywhere we look [and are] revolutionizing our society.”

Invention 71

Invention Technology Patent Drafting Patent 71

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. 101 and 35 U.S.C. 6] Section IV.A

Invention 52

Invention Inventor Patent Application Designs 52

IP Tech Blog

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. In this context, the Patent Act provides no such indication, reinforcing the conclusion that an “individual” within the Patent Act refers exclusively to a natural person.

Invention 57

Invention Inventor Patent Patent Application 57

Patently-O

APRIL 10, 2024

The notice is designed as a reminder to individuals involved in proceedings before the USPTO of that these pertinent rules and policies, and provides suggestions to mitigate the risks associated with AI use. The notice makes the strong claim that “Simply relying on the accuracy of an AI tool is not a reasonable inquiry.”

Patent 45

Patent Art Patent Application Confidentiality 45

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. By Chris Holman Salix Pharms., Norwich Pharms.

Art 75

Art Patent Journalism Publishing 75

Patently-O

APRIL 25, 2024

The basic idea here is that we don’t need qui tam actions for publicly disclosed fraud since for serious cases the information should have also made its way into the hands of prosecutors, and we can put down failures to prosecute as a system design element that we call prosecutorial discretion. Int’l, Inc. , 4th 1154 (9th Cir.

Patent 58

Patent Government Art Reporting 58

Patently-O

FEBRUARY 19, 2024

A n improvement to an apparatus or method, to be patentable, must be the result of invention, and not the mere exercise of the skill of the calling or an advance plainly indicated by the prior art. The prior art] plainly foreshadowed the use made of the flywheel in the present patent, if they did not anticipate it. 490 (1938).

Invention 90

Invention Art Patent Designs 90

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Kitchen Cube filed a patent application for the Cube.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

The IPKat

JANUARY 16, 2022

This is the second EU SME fund to support SMEs in their COVID -19 economic recovery and green and digital transformation over the next three years (2022-2024). In addition, 75% of the fees charged by IP offices (including national IP offices, EUIPO and the Benelux IP Office) for the registration of trade marks and designs will be reimbursed.

Intellectual Property 80

Intellectual Property Registration IP Copyright 80

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. Do you think this move will help in grievance redressal?

Invention 105

Invention Music Art Patent Application 105

SpicyIP

FEBRUARY 12, 2024

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! Case Summaries Gujarat Cooperative Milk Marketing v.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

NOVEMBER 26, 2023

Considering section 124, the court clarified that in such a case where rectification and an infringement suit are filed against the impugned mark, the rectification petition has to be decided first, before proceeding with the trial of the suit and listed the rectification for hearing on January 9, 2024.

Trademark 59

Trademark Registration Invention Social Media 59

Patently-O

FEBRUARY 29, 2024

All four cases here involve communications technology where the patent applicant was seeking to claim the functional operational steps without describing any new “technology.” 1, 2024) (Procore Techs.) Decision_2023004166_02-28-2024. 28, 2024) (Advanced Micro Devices, Inc.) 28, 2024) (Aetna Inc.)

Invention 63

Invention Technology Patent Patent Application 63

LexBlog IP

MARCH 11, 2024

Accordingly, the USPTO responded to its first directive and issued its Inventorship Guidance for AI-Assisted Inventions on February 13, 2024. [2] Instead, an analysis utilizing the Pannu factors determines if the human inventor(s) has made a significant contribution to each claim in the patent or patent application.

Invention 52

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.

Invention 52

Invention Inventor Patent Patent Application 52

Indiana Intellectual Property Law

MARCH 7, 2024

The U.S. (..)

Patent 52

Patent Designs Design Music 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.

Invention 109

Invention Inventor Patent Patent Application 109

SpicyIP

JANUARY 15, 2024

Kavitha Kuruganti on 9 January 2024 (Delhi High Court) Image from here A division bench of the Delhi High Court set aside the Single Judge’s order revoking the plaintiff’s plant variety registration. Read SpicyIP intern Vedika Chawla’s post on this development below. Case Summaries Pepsico India Holdings Pvt. Novartis AG v.

Public Domain 52

Public Domain Trademark Registration IP 52

U.S. Department of Commerce

DECEMBER 13, 2023

Patent and Trademark Office (USPTO) enhanced its Patent Center website interface by centralizing application processes, data, and training for patent filers. This improves all aspects of managing the 500,000+ patent applications submitted by filers each year. To learn more visit ITA on Performance.gov.

Intellectual Property 52

Intellectual Property Inventor Designs Design 52

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

The judgement was passed in a writ petition filed by Natco Pharma against the Controller’s order granting Novartis a patent for a form of the Valsartan-Sacubitril complex, after conducting a unilateral hearing excluding Natco therefrom. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

The IPKat

APRIL 2, 2024

It was interesting to note that Mellor J was critical of the ‘top-down’ analysis used by many in FRAND litigation, whereby an assessment is made of the relative amount of value that the patentee has of the relevant ‘stack’ of patents. The Court of Appeal will be considering the issues of the past sales limitation periods and interest in 2024.

Reporting 62

Reporting Patent Invention Litigation 62

SpicyIP

DECEMBER 12, 2022

The Plaintiff opposed the Defendant’s application to file additional documents on the ground that if permitted, the Plaintiff would have to admit or deny the same and the proceedings in the commercial suit will thus be protracted. Road bumps could power electric vehicles of the future, BMW’s 2021 patent application shows.

Copyright Infringement 105

Copyright Infringement Settlement Registration Trademark 105