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, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. In compliance with section 5.2(c)(i)

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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: important;}} John DeStefano , is a patent and technology technical advisor at Founders Legal.

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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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LexBlog IP

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115. .”

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Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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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%. On the patent side, the increase in the fees will be applicable to standard entity size.

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IP Intelligence

FEBRUARY 8, 2024

s (“Zillow”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) because the two International Business Machines Corporation (“IBM”) patents-at-issue, U.S. Patent Nos. 6,778,193 and 6,785,676 (the “’193 patent” and “’676 patent,” respectively) were directed to ineligible subject matter under 35 U.S.C. §

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LexBlog IP

JANUARY 11, 2024

This change represents a considerable shift in the intellectual property law landscape within the country, aiming to promote an environment of genuine innovation and integrity. Genuine Inventive Activities: Requires applications to be based on real and original inventive activities.

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IP Close Up

JANUARY 3, 2024

IP CloseUp, weekly perspective on intellectual property trends and business, broke through 392,000 views and 272,000 visits in 2023, on its way to 400,000 plus Continue reading

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Intellectual Property Law Blog

FEBRUARY 6, 2024

The America Invents Act created inter partes review in 2012. Statutory estoppel is one of the features of the statute that balances the interests of patent owners and patent challengers. The second interpretation is that “‘grounds’ are the particular patents and printed publications. 35 U.S.C. § Prolitec Inc.

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IP Watchdog

FEBRUARY 29, 2024

On February 20, 2024, a Brazilian congress member, Antônio Luiz Rodrigues Mano Júnior (known as Júnior Mano), introduced a bill to amend the national IP Statute (Law #9,279/96) and regulate the ownership of inventions generated by artificial intelligence systems.

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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.

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Invention Inventor Patent Application Designs 52

LexBlog IP

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. the Office is aware of and evaluates the teachings of all information material to patentability.”

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Invention Inventor Patent Application Patent 52

The IPKat

MARCH 27, 2024

Events and conferences 7 May 2024: The Professor Bill Cornish Memorial Lecture 2024 This year’s Bill Cornish Memorial Lecture is titled “Intellectual Property norms in the Polycrisis – (Still) Omnipresent, Distracting, Irrelevant?” and will be delivered by Professor Caroline Ncube (University of Cape Town) on 7 May 2024.

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Intellectual Property Law Blog

FEBRUARY 28, 2024

United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. The funding agency obtains a license to “subject inventions,” which is defined as “any invention. . . 35 U.S.C. §

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SpicyIP

APRIL 30, 2024

Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. His passion lies in understanding the intersection of economics and public health with intellectual property rights. Subsequently, the patent application was rejected in September 2020.

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LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). More than three years later, the PRC State Council has finally approved and promulgated the amended Patent Implementation Regulations (“ Regulations ”) to align various patent practices with the changes made under the Patent Law.

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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. 11, 2023 (claiming that various products were “patented”). patent law.

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IP Intelligence

MAY 14, 2024

The USPTO published a request for comments (RFC) on April 30 th , focusing on how advancements in artificial intelligence (AI) may impact the USPTO’s assessment of patentability governing (i) what may qualify as prior art and (ii) determining the level of skill of a person having ordinary skill in the art (PHOSITA). [1] 14] Section IV.A:

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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. This is referred to as a proposed new ‘patent disclosure requirement’. plants, animals, and microorganisms), and knowledge systems.

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The IPKat

FEBRUARY 14, 2024

Patents Happy Valentine's Day from the IPKat! 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.

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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.

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LexBlog IP

SEPTEMBER 27, 2022

Last month, the High Court dismissed an appeal by gaming technology provider Aristocrat Technologies over whether computerised components in their electronic gaming machines ( EGMs ) which triggered a “feature game” constituted patentable subject matter. The patent. The judgment was split evenly between the six justices.

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SpicyIP

MARCH 11, 2024

Singh’s book on Patent Law is finally out. It has been published by Thomson Reuters in two volumes and was launched on 9th March 2024 by Union Finance Minister Nirmala Sitharaman at Pragati Maidan. Justice Singh, in an interview about her new book , commented on the “importance of patent law for the common man.”

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Patent Law Law Patent Intellectual Property 59

SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Image from here A ‘Captured’ Patent Office? Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office. Prashant Reddy T.

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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.

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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.

Invention 52

Invention Patent Confidentiality Patent Application 52

The IPKat

DECEMBER 23, 2023

If you've been too wrapped up with preparations for the holiday season , here's a summary of the IP news that you might have missed last week: Patents This Kat is still contemplating which IP books to put on her Christmas wish-list. Léon has recently published a book on the subject, which is being launched on 12 January 2024.

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LexBlog IP

JANUARY 8, 2024

On January 5, 2024, in litigation between REGENXBIO and Sarepta Therapeutics, Judge Richard Andrews of the U.S. 10,526,617 (the ’617 Patent; licensed to REGENXBIO) is invalid as being directed to ineligible subject matter. A trial was scheduled to begin on January 29, 2024. last year is ongoing. § 101.

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IP Watchdog

AUGUST 16, 2021

Global revenues in the food delivery sector have doubled between 2017 and 2020 and are expected to reach $97 billion USD by the year 2024. The top four delivery apps saw a year-over-year increase of $3 billion in combined revenues when comparing the second and third quarters of 2019 and 2020.

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LexBlog IP

NOVEMBER 1, 2023

One of the topics which raises many legal issues, particularly with generative AI (“genAI”), is intellectual property. We will have to continue to wait on the other issues until later in 2024. We look forward to seeing the USPTO guidance to examiners early next year.

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IP Close Up

APRIL 30, 2024

Alan Nelson, a pioneering biomedical engineer and entrepreneur, shared his three-decades of experience with AI machine learning at the recent IP Awareness Summit. The science, Continue reading

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IP Watchdog

MARCH 1, 2024

Patent and Trademark Office (USPTO) today published a Federal Register Notice (FRN) announcing a notice of proposed rulemaking (NPRM) that would make permanent certain aspects of the Motion to Amend (MTA) Pilot program and revise rules around the burden of persuasion governing MTAs.

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SpicyIP

JANUARY 1, 2024

The Assistant Controller of Patents and Designs – A Reasoned Judgement or Inherently Contradictory? Image from here Despite noting the lack of clarity on the concepts of “technical effect” and “contribution” in the context of the patentability of CRIs, the DHC in Microsoft v. Other IP Developments Dept.

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SpicyIP

MARCH 7, 2024

quote from here In a significant order on February 23, 2024, the Delhi High Court, in F- Hoffmann -La Roche Ag & Anr V. The Pertuzumab case is perhaps one significant instance wherein this is poised to deal in such a significant manner in India’s intellectual property adjudication forum. Nor is the truth.”

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Patent Infringement Litigation IP Intellectual Property 59

LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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Reporting Non-Fungible Tokens IP Intellectual Property 52

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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