JD Supra Law

FEBRUARY 15, 2024

On February 12, 2024, the United States Patent and Trademark Office (USPTO) announced guidance and a request for comments regarding evaluating inventorship for artificial intelligence (AI) assisted inventions (the “AI Guidance”). By: WilmerHale

Invention 65

Invention Trademark Patent 65

JD Supra Law

MARCH 5, 2024

The guidance, effective as of February 13, 2024, emphasizes that AI-assisted inventions are not categorically unpatentable and the inventorship analysis “should focus on human contributions, as patents function to incentivize and reward human ingenuity.”. By: WilmerHale

Invention 62

Invention Patent 62

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. By: Weintraub Tobin

Invention 62

Invention Patent Trademark 62

JD Supra Law

FEBRUARY 27, 2024

The United States Patent and Trademark Office (USPTO) recently issued its Inventorship Guidance for AI-assisted Inventions for determining inventorship where artificial intelligence (AI) is used during the invention process. By: Stinson LLP

Invention 65

Invention Trademark Patent 65

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, 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)

Invention 57

Invention Inventor Patent Patent Application 57

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.

Litigation 96

Litigation Patent Invention 96

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

Invention 68

Invention Patent 68

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 ). The text was not always so narrowly focused on patents. Comments The idea of disclosure requirements in patent applications has been around for a long time and has already been adopted in many countries.

Intellectual Property 119

Intellectual Property Due Diligence Public Domain Government 119

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

Invention 68

Invention Patent Application Trademark Patent 68

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)

Invention 52

Invention Inventor Patent Patent Application 52

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

Invention 65

Invention Intellectual Property Publishing Trademark 65

JD Supra Law

FEBRUARY 14, 2024

The United States Patent and Trademark Office (USPTO) published a Federal Register Notice on Feb. 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. By: Fox Rothschild LLP

Invention 62

Invention Patent Application Publishing Trademark 62

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. .”

Inventor 52

Inventor Invention Patent Designs 52

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 (..)

Invention 73

Invention Patent Publishing Trademark 73

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

Invention 62

Invention Trademark Patent 62

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

Invention 70

Invention Patent Trademark 70

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. §

Invention 52

Invention Patent Business Law 52

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.

Invention 62

Invention Trademark Patent 62

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.

Invention 52

Invention Inventor Intellectual Property Law Intellectual Property 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.

Invention 70

Invention Art Inventor Designs 70

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.

Inventor 104

Inventor Ownership Invention IP 104

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.

Invention 52

Invention Inventor Patent Application Designs 52

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.

Invention 65

Invention Reporting Patent 65

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

Patent 68

Patent Invention Designs Design 68

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

Inventor 62

Inventor Patent Invention Technology 62

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.

Art 130

Art Patent Invention Designs 130

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

Music 95

Music IP Invention Business 95

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.”

Invention 52

Invention Inventor Patent Application Patent 52

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

Government 59

Government Invention Patent Trademark 59

JD Supra Law

MARCH 29, 2024

Last week, the Federal Circuit handed down a pair of non-precedential decisions affirming the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR) proceedings. This post concerns the decision in Cardiovalve Ltd. Edwards Lifesciences Corp.,

Invention 68

Invention Art Patent 68

JD Supra Law

JANUARY 19, 2024

On January 11, 2024, the Federal Court released its decision concluding that the Patented Medicine Prices Review Board (PMPRB or Board) was reasonable in its redetermination that the invention of Patent No. 2,478,237 (the 237 patent)—claiming the use of 0.3% adapalene product DIFFERIN.

Patent 73

Patent Invention 73

JD Supra Law

FEBRUARY 9, 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. §

Invention 68

Invention Business Patent 68

Patently-O

APRIL 23, 2024

Patent and Trademark Office announced the winner of this year’s National Patent Application Drafting Competition (NPADC), the University of Missouri-Kansas City School of Law. I would encourage any law student interested in pursuing a career in patent prosecution to consider participating in the competition next year.

Patent Application 95

Patent Application Law Patent Prosecution Patent 95

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. Thus, small entity patent applicants will only experience CIPO’s regular annual fee increase in 2024.

Intellectual Property 52

Intellectual Property Patent Application Intellectual Property Law Designs 52

The IPKat

MAY 19, 2024

The USPTO has issued a request for comments regarding the impact of AI on patentability. 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.

Patent 57

Patent Art Invention Patent Law 57

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. This post attempts to critically analyse the relevance of difference in the purported function of the invention and prior art to determine non-obviousness in identifying the inventive step.

Invention 111

Invention Art Designs Design 111

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. §

Licensing 130

Licensing Invention Government Inventor 130