2024, Invention, Inventor and Litigation - Intellectual Property Pulse

USPTO Issues Inventorship Guidance For AI-Assisted Inventions

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

Invention Inventor Intellectual Property Patent

Who Invented This? The Continuing Importance of Human Ingenuity in Patenting AI Related Inventions

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.

Invention

Invention Inventor Patent Patent Application

USPTO Releases Inventorship Guidance for AI-assisted Inventions

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

Invention

Invention Inventor Intellectual Property Law Intellectual Property

District Court Grants Summary Judgment and Invalidates Patent in REGENXBIO v. Sarepta Litigation

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.

Litigation

Litigation Patent Inventor Invention

IP CloseUp will Exceed 400,000 Views in 2024; Last Year’s Top Posts Include S&P 500 Assets, Leading Black Inventors and Wiper Blade Invention Saga

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

Intellectual Property

Intellectual Property IP Inventor Invention

Guest Post by Profs. Masur & Ouellette: Public Use Without the Public Using

Patently-O

FEBRUARY 26, 2023

Does it matter whether the person doing the using is a member of the public, as opposed to the inventor? Most cases of “public use” have involved use by at least one member of the public—“a person other than the inventor who is under no limitation, restriction or obligation of secrecy to the inventor.” forthcoming 2024).

Public Use

Public Use Inventor Invention Art

A publication “by others” under pre-AIA Section 102

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

Inventor

Inventor Art Invention Patent

False patent marking claims survive even when Dastar bars false advertising claims based on "innovation"

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.

False Advertising

False Advertising Advertising Advertising Patent

Friday Fantasies

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.

IP

IP Intellectual Property Law Law Invention

Inventorship Correction Affirmed for Patent on Intermodal Container for Transporting Gaseous Fluids

Patently-O

MARCH 18, 2024

The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. The district court agreed, finding their contributions were significant to the conception of the claimed invention. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed.

Patent

Patent Inventor Patent Infringement Designs

Gilead and ViiV Healthcare Settle Global Patent Dispute for Over $1B USD

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.

Patent

Patent Settlement Invention Inventor

USPTO Guidelines: Amgen is a Nothingburger

Patently-O

JANUARY 11, 2024

1988) and its seminal “ Wands factors” that are regularly relied upon by patent examiners and litigants to assess if PHOSITA would need to conduct an unreasonable amount of experimentation in order to make and use the invention. Wands (noting that this is not an exhaustive list of potential factors). Genentech, Inc., 4th 1362 (Fed.

Art

Art Invention Publishing Patent

The Non-Compete Ban: Impact on Patenting and Challenging Implementation

Patently-O

APRIL 27, 2024

The new rule was announced on April 23, 2024 following a 3-2 vote by the FTC Commissioners (along party lines, with Democrats in the majority). It is set to take effect 120 days later (August 21, 2024). ” Zhaozhao He, Motivating Inventors: Non-Competes, Innovation Value and Efficiency 21 (2023). Chamber of Com.

Patent

Patent Confidentiality Business Marketing

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

LexBlog IP

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.

Copyright

Copyright Intellectual Property Fair Use IP

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

Trading Secrets

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.

Copyright

Copyright Intellectual Property Fair Use IP

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

LexBlog IP

NOVEMBER 1, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.

Copyright

Copyright Intellectual Property Fair Use IP

Jury Instructions and Objective Indicia of Nonobviousness: Federal Circuit Grants New Trial in Inline Plastics v. Lacerta

Patently-O

MARCH 31, 2024

27, 2024), involved patents relating to tamper-resistant and tamper-evident food containers. Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. Lacerta Group, LLC , No.

Invention

Invention Copying Licensing Art

Generative AI Makes Innovators Competitive, Not Looking for Jobs

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

Technology

Technology Invention Copyright IP

Nexus of AI, AI Regulation and Dispute Resolution

LexBlog IP

FEBRUARY 7, 2024

However, the use of AI in litigation also bears risk, as highlighted by a recent First-tier Tribunal (Tax) decision, where an appellant had sought to rely on precedent authorities that, in fact, were fabricated by AI (a known risk with AI using large language models, referred to as hallucination). [1] 2] Ibid , at para. 3] Ibid , at para.

Publishing

Publishing Government Litigation Inventor

Generative AI’s Impact: Top 5 Things to Watch

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

Technology Invention Copyright IP

Obviousness and Pharmaceutical Method of Treatment Claims

Patently-O

APRIL 1, 2024

by Dennis Crouch In April 2024, the Federal Circuit issued a significant decision vacating a district court’s judgment that Janssen Pharmaceuticals’ dosing regimen patent claims were nonobvious. Janssen Pharms., Teva Pharms. USA, Inc. , 2022-1258 (Fed. The case involved Janson’s U.S. ” (internal bracket removed).

Art

Art Invention Patent Inventor

Non-literal Infringement: Clarity or Confusion?

SpicyIP

MARCH 26, 2024

By Vishno Sudheendra The Delhi HC on 5th March 2024 pronounced an order, in SNPC Machines Private Limited & Ors. It mandates that the test for equivalents must be applied to individual elements, not the invention as a whole, to prevent the elimination of any element entirely ( Hilton Davis Chemical Co v. Adie , (paywalled).

Invention

Invention Patent Inventor Licensing

Intellectual Property Pulse

USPTO Issues Inventorship Guidance For AI-Assisted Inventions

Who Invented This? The Continuing Importance of Human Ingenuity in Patenting AI Related Inventions

Trending Sources

USPTO Releases Inventorship Guidance for AI-assisted Inventions

District Court Grants Summary Judgment and Invalidates Patent in REGENXBIO v. Sarepta Litigation

IP CloseUp will Exceed 400,000 Views in 2024; Last Year’s Top Posts Include S&P 500 Assets, Leading Black Inventors and Wiper Blade Invention Saga

Guest Post by Profs. Masur & Ouellette: Public Use Without the Public Using

A publication “by others” under pre-AIA Section 102

False patent marking claims survive even when Dastar bars false advertising claims based on "innovation"

Friday Fantasies

Inventorship Correction Affirmed for Patent on Intermodal Container for Transporting Gaseous Fluids

Gilead and ViiV Healthcare Settle Global Patent Dispute for Over $1B USD

USPTO Guidelines: Amgen is a Nothingburger

The Non-Compete Ban: Impact on Patenting and Challenging Implementation

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

Jury Instructions and Objective Indicia of Nonobviousness: Federal Circuit Grants New Trial in Inline Plastics v. Lacerta

Generative AI Makes Innovators Competitive, Not Looking for Jobs

Nexus of AI, AI Regulation and Dispute Resolution

Generative AI’s Impact: Top 5 Things to Watch

Obviousness and Pharmaceutical Method of Treatment Claims

Non-literal Infringement: Clarity or Confusion?

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