JD Supra Law

FEBRUARY 14, 2024

9, 2024) In this week’s Case of the Week, the Federal Circuit examined the scope of a provision of the Bayh-Dole Act of 1980 (35 U.S.C. §§ 200 et seq.) government with a nonexclusive license to practice inventions that were paid for with federal funding. which provides the U.S.

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JD Supra Law

FEBRUARY 15, 2024

On February 13, 2024, the USPTO posted Inventorship Guidance for AI-Assisted Inventions to the Federal Register to provide clarity for stakeholders and personnel. This guidance applies to all patents resulting from applications, filed before, on, or after February 13, 2024. By: Locke Lord LLP

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JD Supra Law

FEBRUARY 13, 2024

On February 12, 2024, the U.S. Patent and Trademark Office released detailed guidance regarding inventorship of inventions created with the assistance of artificial intelligence (AI). By: McDonnell Boehnen Hulbert & Berghoff LLP

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JD Supra Law

FEBRUARY 19, 2024

On February 13, 2024, the USPTO (PTO) published its guidance for inventions made with the assistance of artificial intelligence (AI). The PTO published the guidance in response to the directive it received in the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence issued October 20, 2023.

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JD Supra Law

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. By: BakerHostetler

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The IPKat

FEBRUARY 11, 2024

The Diplomatic Conference in 2024 will focus on a narrow "Basic Proposal" (see the full text and the executive summary ). It will be interesting to see how the outcome in May 2024 shapes the conversation about intellectual property and traditional knowledge going forward.

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Patently-O

APRIL 29, 2024

by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. The petitioner argues that the Federal Circuit’s test, established in Antares Pharma, Inc.

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JD Supra Law

FEBRUARY 26, 2024

As directed by President Biden’s Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the AI EO), the United States Patent and Trademark Office (USPTO) released its Inventorship Guidance for AI-Assisted Inventions (Guidance) on February 12, 2024.

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JD Supra Law

FEBRUARY 14, 2024

13, 2024, providing guidance on inventorship for artificial intelligence-assisted inventions. The Guidance applies to all patent applications filed before, on, or after February 13, 2024. The United States Patent and Trademark Office (USPTO) published a Federal Register Notice on Feb. By: Fox Rothschild LLP

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JD Supra Law

FEBRUARY 16, 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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SpicyIP

JANUARY 30, 2024

Seemingly to further these amendments, the Department for Promotion of Industry and Internal Trade (DPIIT) published the Draft Patent (2nd Amendment) Rules, 2024 on January 3, 2024.

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JD Supra Law

MARCH 13, 2024

On February 12, 2024, the US Patent Office and Trademark Office (USPTO) released the Inventorship Guidance for AI-assisted Inventions (the Guidance). By: Goodwin

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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. 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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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. an AI] prompt.

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JD Supra Law

FEBRUARY 20, 2024

The US Patent and Trademark Office (USPTO) recently issued new Inventorship Guidance for AI-Assisted Inventions (“Guidance”), effective as of February 13, 2024. The Guidance reiterates and adds more details to the current state of play.

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IP Intelligence

FEBRUARY 8, 2024

2022-1861, 2024 WL 89642 (Fed. Zillow , 2024 WL 89642, at *3; see also Alice , 573 U.S. Zillow , 2024 WL 89642, at *3. At step two, the Court found that IBM’s allegations of inventiveness “do[] not. This decision is but one more example that courts “need not accept a patent owner’s conclusory allegations of inventiveness.”

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IP Law 360

JANUARY 1, 2024

A new venue for patent disputes in Europe, potential legal wrangling over the role of artificial intelligence in developing inventions, and continued scrutiny of how litigation funding impacts patent cases are among the litigation topics attorneys will be closely tracking this year.

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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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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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The IPKat

FEBRUARY 13, 2024

The updated EPO Guidelines for Examination will enter into force on 1 March 2024. The main updates this year reflect the recent decisions from the Enlarged Board of Appeal (EBA) in G2/21 (Evidence standard for inventive step/plausibility) and G 1/22 (Entitlement to priority). A draft version of the Guidelines can be previewed here.

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JD Supra Law

FEBRUARY 6, 2024

A recent article, “Discovering Value: Women’s Participation in University and Commercial Artificial Intelligence (AI) Invention,” reports on a new study finding that women’s participation in patenting results in patents with higher economic value. The article provides a special focus on biotechnology and biotech AI. By: WilmerHale

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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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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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JD Supra Law

MARCH 29, 2024

which has as its most significant aspect an unnecessary untethering of obviousness with evidence regarding the skill and inventiveness of the person of ordinary skill in the art under KSR International Co. This post concerns the decision in Cardiovalve Ltd. Edwards Lifesciences Corp., Teleflex Inc.

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LexBlog IP

FEBRUARY 21, 2024

patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention. With the advent of such AI-assisted inventions, the USPTO is rethinking its requirements regarding the duty of disclosure. On February 13, 2024, the U.S. 101 and 115.

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JD Supra Law

FEBRUARY 15, 2024

In accordance with an executive order on the use of artificial intelligence (“AI”), the United States Patent and Trademark Office (“USPTO”) published guidance on February 13, 2024, that explained that a human can obtain a patent even in instances where “an AI system—like other tools—could perform acts that, if performed by a human, could constitute (..)

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IP Close Up

DECEMBER 12, 2023

Creative expression, like music, films and books, and inventions, that are supported copyrights and patents, impact thousands of businesses, millions of jobs and and our Continue reading

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JD Supra Law

MARCH 12, 2024

On February 12, 2024, the United States Patent and Trademark Office (USPTO) released guidance and a solicitation for public comments on assessing inventorship in the context of inventions aided by artificial intelligence (AI). By: Dunlap Bennett & Ludwig PLLC

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Intellectual Property Law Blog

FEBRUARY 6, 2024

The America Invents Act created inter partes review in 2012. This article was originally posted to Law360. Statutory estoppel is one of the features of the statute that balances the interests of patent owners and patent challengers. 35 U.S.C. § 315(e)(2).

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JD Supra Law

FEBRUARY 29, 2024

9, 2024) (Chen, Stoll, Cunningham, JJ.). The US Court of Appeals for the Federal Circuit affirmed in part and vacated in part a Patent Trial & Appeal Board finding that the claims at issue were either invalid under 35 U.S.C. 112 as unsupported by written description or obvious under 35 U.S.C. RAI Strategic Holdings, Inc. 22-1862 (Fed.

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JD Supra Law

FEBRUARY 9, 2024

2022-1861, 2024 WL 89642 (Fed. 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. § Machines Corp. Zillow Grp., By: BakerHostetler

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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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JD Supra Law

MARCH 14, 2024

On March 4, 2024, the US Patent & Trademark Office published a Notice of Proposed Rulemaking seeking to revise its Motion to Amend (MTA) pilot program practice in connection with certain America Invents Act (AIA) proceedings. 15531 (Mar.

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JD Supra Law

APRIL 25, 2024

The US Patent & Trademark Office (PTO) proposed new rules governing the process for Director review of Patent Trial & Appeal Board decisions in America Invents Act (AIA) proceedings. 16, 2024) (to be codified at 37 C.F.R. Rules Governing Director Review of Patent Trial and Appeal Board Decisions, 89 Fed. 26,807 (proposed Apr.

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JD Supra Law

APRIL 19, 2024

On April 16, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions in America Invents Act (AIA) proceedings. By: WilmerHale

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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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JD Supra Law

APRIL 22, 2024

On April 17, 2024, I had the honor of moderating an online panel entitled “Promoting Inventor Equity in Patenting”—part of the OHSU Innovates series hosted by the OHSU Technology Transfer office and OHSU Collaborations and Entrepreneurship team. By: Schwabe, Williamson & Wyatt PC

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