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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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. In Thaler v. 4] Based on U.S. 4] Based on U.S. 6] Section IV.A

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LexBlog IP

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention. On February 13, 2024, the U.S. On February 13, 2024, the U.S. 101 and 115.

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Intellectual Property Law Blog

FEBRUARY 28, 2024

200, passed in 1980, streamlined and relaxed federal government policy regarding patent rights to inventions developed with federal grant money. The funding agency obtains a license to “subject inventions,” which is defined as “any invention. . . The invention of the patent at issue in the case ( U.S. 35 U.S.C. §

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LexBlog IP

FEBRUARY 15, 2023

USPTO Extends Combined Patent Search Pilot Program with Japanese Patent Office and Korean Intellectual Property Office @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-63ed303eda0729464{display: at Franklin Pierce School of Law with a focus on Intellectual Property.

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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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LexBlog IP

FEBRUARY 21, 2024

The USPTO issued inventorship guidance and examples for AI-assisted inventions. The guidance, which went into effect February 13, 2024, makes clear that AI-assisted inventions are not categorically unpatentable. A link to the Federal Register where the guidance has published can be found here.

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43(B)log

FEBRUARY 16, 2024

2024 WL 629985, No. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co., W-22-CV-00776-ADA-DTG, No.

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LexBlog IP

MARCH 15, 2024

2024), a case that may reshape the dynamics between trade secrets and patent rights. The Core Issue at Hand This case centers around the America Invents Act (AIA) and whether a product’s prior sale by the patent applicant can disqualify the patenting of the method used to produce said product. v ITC, 22-1827 (Fed.

Invention 52

Invention Patent Confidentiality Patent Application 52

LexBlog IP

MARCH 13, 2024

2024), a case that may reshape the dynamics between trade secrets and patent rights. The Core Issue at Hand This case centers around the America Invents Act (AIA) and whether a product’s prior sale by the patent applicant can disqualify the patenting of the method used to produce said product. v ITC, 22-1827 (Fed.

Invention 52

Invention Patent Confidentiality Patent Application 52

LexBlog IP

JANUARY 8, 2024

On January 5, 2024, in litigation between REGENXBIO and Sarepta Therapeutics, Judge Richard Andrews of the U.S. A trial was scheduled to begin on January 29, 2024. The Court also wrote that the non-AAV sequences or other elements of the claimed invention have not been altered from the naturally occurring counterparts.

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Litigation Patent Inventor Invention 52

Patently-O

MAY 24, 2023

Bagley , Asa Griggs Candler Professor of Law, Emory University School of Law, co-inventor, and Principal, Diversity Pilots Initiative. Watch her video for Invent Together , entitled Challenges Encountered as a Diverse Inventor.

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LexBlog IP

FEBRUARY 28, 2024

§200, passed in 1980, streamlined and relaxed federal government policy regarding patent rights to inventions developed with federal grant money. The funding agency obtains a license to “subject inventions,” which is defined as “any invention. The invention of the patent at issue in the case ( U.S.

Licensing 52

Licensing Invention Government Inventor 52

The IPKat

JANUARY 12, 2024

AIPPI Rapid Reaction on Thaler in the Supreme Court next Thursday Next Thursday, 18 January, AIPPI UK is hosting their first event of 2024 and it's a good one - and online! Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions.

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IP Intellectual Property Law Law Invention 67

LexBlog IP

JANUARY 29, 2024

On January 10, 2024, the USPTO published guidelines for assessing enablement in view of Amgen v. § 112(a) that the specification must describe the invention in such terms that one skilled in the art can make and use the claimed invention.” Sanofi and other recent court cases (“the Guidelines”).

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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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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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The IPKat

FEBRUARY 20, 2024

Anna Maria Stein updated readers on the USPTO's new Inventorship Guidance for AI-Assisted Inventions. The Guidance will assist examiners to determine whether a natural person’s contribution in AI-assisted inventions is significant enough to be considered an inventor.

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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

Trading Secrets

NOVEMBER 2, 2023

Intellectual property is a key focus. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. This comes amidst a backdrop where AI models currently cannot be recognized as inventors, a stance reaffirmed in the Federal Circuit decision Thaler v.

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LexBlog IP

FEBRUARY 15, 2024

This guidance indicates that AI-assisted inventions are not necessarily unpatentable. The USPTO listed five non-exhaustive factors to assist in determining whether a human’s contribution is significant enough to qualify the human as an inventor. To be patentable, the claims should highlight the human contribution.

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IP Intelligence

NOVEMBER 14, 2023

2] Below is a timeline of when and what the public should expect to receive from the USPTO in 2024. late February), the Director is required to publish guidance for patent examiners and applicants regarding inventorship when AI is employed in the inventive process. [3] Within 120 days of the EO (i.e., 1] [link]. [2] at Sec 5.2(c).

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LexBlog IP

NOVEMBER 2, 2023

Intellectual property is a key focus. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Should AI-generated content be considered as intellectual property, and if so, who should benefit from it? Copyright Office and U.S.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Intellectual property is a key focus. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. Should AI-generated content be considered as intellectual property, and if so, who should benefit from it? Copyright Office and U.S.

Copyright 52

Copyright Intellectual Property Fair Use IP 52