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 ). Comments The idea of disclosure requirements in patent applications has been around for a long time and has already been adopted in many countries.

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Patently-O

MARCH 11, 2024

5, 2024) ChewyvIBM. The district court had ruled against the patentee (IBM) — finding one patent ineligible and the other not infringed. At Alice step two, the court rejected IBM’s arguments that the claims contain inventive concepts. And column three is called summary of the invention. 2022-1756 (Fed.

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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.

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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. Patent system, and today’s guiding statute (35 U.S.C. Medac Pharma Inc. ,

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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 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. On February 13, 2024, the U.S. Everyone involved in the filing and prosecution of a U.S. 101 and 115.

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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. 101 and 35 U.S.C.

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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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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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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. Subsequently, the patent application was rejected in September 2020.

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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.

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SpicyIP

MAY 14, 2024

By Dhruv Vatsyayan The IPD of Delhi High Court, on March 13, 2024 in Bayer Pharm Aktiengesellschaft v. The Controller General of Patents & Designs observed that though “ working examples are essential for demonstrating the feasibility and workability of an invention, they do not define the patent’s scope.”

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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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SpicyIP

MARCH 12, 2024

We are pleased to announce that the Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World Network are jointly organizing a workshop on ‘Patent Opposition in the Pharmaceutical Field’ between April 26-30, 2024. The last date to apply for the workshop is March 24, 2024.

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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.

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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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LexBlog IP

JANUARY 11, 2024

The Principle of Good Faith in Patent Applications The revised regulations emphasize the principle of good faith in all patent applications: New Article 11: Mandates adherence to the principle of good faith. Genuine Inventive Activities: Requires applications to be based on real and original inventive activities.

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Patently-O

APRIL 30, 2024

Services like All Prior Art are using AI to churn out and ‘publish’ many millions of generated texts, hoping some will preempt future patent applications. That claim requires too much follow-on research work and so does not sufficiently disclose the invention. See my 2014 post. 102, and are presumed to be enabling.

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The IPKat

FEBRUARY 14, 2024

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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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? Nikola Datzov wrote what we have all been thinking: “Innovative applications of AI are everywhere we look [and are] revolutionizing our society.”

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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. Namely, that the path from ideation to patenting is a process fraught with potential frictions attributable to firm policies and systems, cultural norms, and personal experiences.

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SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

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SpicyIP

MARCH 4, 2024

Case Summaries BMI Group Danmark Aps vs The Assistant Controller Of Patents on 22 February, 2024 (Delhi High Court) Image from here An appeal was filed against the impugned order rejecting the suit patent for lack of an inventive step. Hero Investcorp Private Limited & Anr.

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SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent.

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The IPKat

MAY 19, 2024

The USPTO specifically calls for views on how the proliferation of AI could affect evaluations of patentability, including what qualifies as prior art and the capabilities of the person skilled in the art. Comments are due by 29 June 2024. This issue will be very familiar to anyone working with method of treatment inventions.

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SpicyIP

APRIL 10, 2024

Madras High Court Revokes Omega Ecotech’s Patent The Madras High Court on March 28, 2024 revoked Omega Ecotech’s Patent on a multistage bio composting kit and method of composting. The invention had a product claim and method claim.

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Patently-O

FEBRUARY 19, 2024

Vanda sued, but lost on obviousness grounds — with the court holding that the claimed combination was obvious because it was directed to a set of known elements and a person of ordinary skill would have a “reasonable expectation of success” in reaching the resulting invention. NAPP Amicus Brief. Greenwood , 52 U.S. (11

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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”). Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

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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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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. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed.

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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’.

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The IPKat

NOVEMBER 9, 2023

As of now, there are two traditional routes to obtain patent protection for an invention in Georgia. The first option involves filing an application directly with the National Intellectual Property Center of Georgia (Sakpatenti). The second one, as you might expect, is through the PCT (Patent Cooperation Treaty) system.

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Patently-O

APRIL 10, 2024

Dr. Robinson, a neurosurgeon, invented a type of spinal implant. In 2009, Dr. Robinson and Spectrum (collectively “Plaintiffs”) hired law firm FisherBroyles to file patent applications for his inventions. patent application for the spinal implant in March 2013. Robinson v. A24A0405 (Ga.

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SpicyIP

MARCH 25, 2024

They discuss how there is little to no evidence indicating that the delay in patent examination is attributed to these oppositions, and how these amendments can reduce scrutiny given in ensuring that only deserving patents are granted. Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

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The IPKat

JANUARY 21, 2024

Amending the description and claim-like clauses The EPO Guidelines for Examination currently require that, when adapting the description, an applicant must either delete subject matter not covered by the claims or explicitly state in the description that such subject matter is not part of the invention ( F-IV, 4.3 ).

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The IPKat

MARCH 19, 2024

As such, " in the event of a discrepancy between the claims and the description, those elements of the description not reflected in the claims are not, as a rule, to be taken into account for the examination of novelty and inventive step " (r. Claim amendments submitted as an auxiliary request were considered novel and inventive.

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