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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Invention Inventor Patent Patent Application 57

Patently-O

APRIL 25, 2024

The Initiative will be hosting its second conference at Emory University Law School in Atlanta on Friday, September 20, 2024. And which innovators become inventors? of inventors. What explains this innovator-inventor gap , the reduced rate at which underrepresented innovators become inventors?

Inventor 62

Inventor Invention Patent Patent Application 62

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.

Invention 52

Invention Inventor Patent Patent Application 52

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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Invention Inventor Patent Application Designs 52

LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). The Federal Circuit previously held that an AI system cannot be listed as an inventor in Thaler v. Simply owning or overseeing an AI system used in the creation of an invention. Vidal , 43 F.4th

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Invention Inventor Intellectual Property Law Intellectual Property 52

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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Invention Inventor Patent Application Patent 52

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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Invention Art Inventor Designs 70

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 IP Inventor Invention 88

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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Licensing Invention Government Inventor 130

JD Supra Law

FEBRUARY 14, 2024

12, 2024, regarding the use of artificial intelligence (AI) while developing new inventions. Court of Appeals for the Federal Circuit previously held that an AI system cannot be named as an inventor on a patent, but its opinion left open the…. Patent and Trademark Office (USPTO) issued new guidance on Feb.

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Inventor Invention Trademark Patent 65

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. The claimed invention contained the sensor service which was absent in the prior art.

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Invention Art Designs Design 111

Trading Secrets

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.

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Invention Patent Confidentiality Patent Application 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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Invention Inventor Patent Application Publishing 40

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

JANUARY 9, 2024

by Dennis Crouch The text of pre-AIA Section 102(a) suggests that an inventor’s own prior publication qualifies as invalidating prior art, even if within the 1-year grace period. Oral arguments were held January 8 2024, and a decision is expected later this year. 35 U.S.C. § 102(a)(pre-AIA). ” In re Katz , 687 F.2d

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Inventor Art Invention Patent 48

The IPKat

MAY 19, 2024

Comments are due by 29 June 2024. The international standards for patentability require that an invention is novel and inventive in view of the prior art. Brave new world Alternatively, AI could be thought of as akin to a natural phenomena, from which isolating a chemical or structure may be considered an invention.

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Patent Art Invention Patent Law 57

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

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. 4th __ (Fed.

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Invention Technology Patent Drafting Patent 70

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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Publishing Invention Art Inventor 52

Patently-O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. Historically, an inventor could choose to protect a new manufacturing process either by patenting it or by keeping it as a trade secret – but not both. v ITC , 22-1827 (Fed. Gore & Assocs.,

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Patent Invention Inventor Patent Application 40

SpicyIP

JANUARY 31, 2024

Image from here Yesterday, Aparajita penned a post “ Squawking over butter chicken: The mystery of the real master chef” sharing her thoughts on the existing “Who Invented Butter Chicken and Dal Makhani” issue before the Delhi High Court in Rupa Gujral & Ors vs Daryaganj Hospitality Private Limited. ” As per the order (para.

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Inventor Ownership Reporting Registration 64

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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Inventor Intellectual Property Invention Blogging 84

Patently-O

APRIL 30, 2024

That claim requires too much follow-on research work and so does not sufficiently disclose the invention. Still, those will likely be unrecognized for their worth until some later date when a human truly invents but is blocked from patenting. 1563, 1564 (2022); See also, Michael McLaughlin , Computer-Generated Inventions , 101 J.

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Art Invention Patent Application Publishing 109

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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False Advertising Advertising Advertising Patent 59

Patently-O

APRIL 10, 2024

By Dennis Crouch In a recent unpublished decision, the Georgia Court of Appeals affirmed summary judgment in favor of CPA Global Support Services, LLC (“CPA”) (now part of Clarivate) against a claim of negligent misrepresentation brought by inventor James C. Dr. Robinson, a neurosurgeon, invented a type of spinal implant.

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Contracts Law Inventor Patent Application 75

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

IP.com

MAY 15, 2024

Ever since the invention of the printing press in the 15th century, concerns and policies surrounding the integrity of copyright have evolved to adapt to the new circumstances, and in some situations, policy has evolved to govern the transfer of copyright from one medium to another. Copyright and IP law is not a new issue. LEARN MORE

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Technology Invention Copyright IP 52

IPilogue

APRIL 22, 2022

The doctrine of equivalents prevents parties from circumventing literal infringement by making minor variations to a patented invention. Under this doctrine, the inventor could not then sue another for using the three-wheeled or four-wheeled design. For example, whether a bike has 32 spokes or 36 spokes, it is still a bike.

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Patent Settlement Invention Inventor 120

SpicyIP

MARCH 16, 2024

Image from here On March 15, the Patent (Amendment) Rules, 2024 were published in the Gazette of India, making crucial changes in the Indian patent regime. Certificate of Inventorship The Amended Rules make a provision for issuing a certificate of inventorship at the request of the inventor.

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Publishing Patent Confidentiality IP 64

IP.com

APRIL 30, 2024

Ever since the invention of the printing press in the 15th century, concerns and policies surrounding the integrity of copyright have evolved to adapt to the new circumstances, and in some situations, policy has evolved to govern the transfer of copyright from one medium to another. Copyright and IP law is not a new issue. LEARN MORE

Technology 52

Technology Invention Copyright IP 52

Patently-O

MARCH 31, 2024

27, 2024), involved patents relating to tamper-resistant and tamper-evident food containers. The majority of these factors are associated with what might be termed the “prima facie” obviousness case that focuses on directly comparing the most relevant prior art against the invention as claimed. Lacerta Group, LLC , No.

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Invention Copying Licensing Art 57

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

Invention 52

Invention Inventor Intellectual Property Patent 52

Patently-O

APRIL 18, 2024

2024), centers on Dr. Stephen Thaler’s attempts to register a copyright for an artistic image autonomously generated by his AI system that he has named the “Creativity Machine.” Sarony , which rooted authorship in “intellectual invention” and “mental conception.” The case, Thaler v.

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Copyright Law Copyright Registration Inventor 62

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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Invention Inventor Patent Patent Application 109

LexBlog IP

FEBRUARY 7, 2024

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). The same might be true of issues of jurisdiction and evidentiary considerations that arise in the context of AI-related claims. 2] Ibid , at para. 23 and 24. [4]

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