IP Watchdog

MAY 14, 2024

Patent and Trademark Office (USPTO) released a Notice of Proposed Rulemaking (NPRM) on May 10, 2024 (89 Fed. 40439), that would dramatically alter patent applicant and patentee statutory rights in their patent filings by proposing a draconian change to the requirements for submission of a terminal disclaimer (TD).

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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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Intellectual Property Law Blog

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.”

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Intellectual Property Law Blog

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. The Guidance begins with the premise that only natural persons can be named as inventors on U.S.

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LexBlog IP

DECEMBER 6, 2023

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

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SpicyIP

FEBRUARY 19, 2024

Last week we published 3 posts on the E&Y’s report on music publishing in India, MHC’s judgement clarifying the jurisdiction of a High Court to hear writ petitions against orders of the Patent Office and the CGPDTM’s open house help desk portal. The Controller of Patents. Anything we are missing out on?

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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.

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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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Invention Patent Application Trademark Patent 68

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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SpicyIP

MAY 6, 2024

Controller of Patents. The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr. Anything we are missing out on?

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SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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SpicyIP

APRIL 15, 2024

In this guest post, Prathibha Sivasubramanian and Sreenath Namboodiri discuss the combined effect of these changes on transparency, the public information system in the Indian patent regime, and public health. Read on to learn more. Is Every ‘Educational Use’ a ‘Fair Use’? Take a look at these three orders in this quick tidbit.

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SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. The Patent Act: Catch 22 Does the Patent Act prevail over the Competition Act?

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SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

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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”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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SpicyIP

MARCH 25, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

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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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SpicyIP

JANUARY 15, 2024

Do read our summaries of the post about a party seeking help from gods in a trademark dispute and the post on Makemytrip ad words case. Blogposts Angering the Gods: A Relook at the VBM Trademark Infringement Case Image from here Holy Trinity of Hindu Gods against trademark infringement allegations? Natco Pharma Ltd.

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The IPKat

FEBRUARY 14, 2024

On 12 February 2024, the United States Patent and Trademark Office (USPTO) announced with a press release the publication of its Inventorship Guidance for AI-Assisted Inventions (Guidance). The Guidance has been published and will be effective from 13 February 2024.

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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. the Office is aware of and evaluates the teachings of all information material to patentability.”

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SpicyIP

JANUARY 8, 2024

Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India. student at National Law University, Delhi. Her previous posts can be accessed here.

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LexBlog IP

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 52

IP Intelligence

NOVEMBER 14, 2023

1] Regarding patents, the EO requires the United States Patent and Trademark Office’s (USPTO) Director to provide guidance on AI in the context of inventorship and patentable subject matter. [2] 2] Below is a timeline of when and what the public should expect to receive from the USPTO in 2024.

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Invention Patent Application Ownership Inventor 64

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’. plants, animals, and microorganisms), and knowledge systems.

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Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. See my 2014 post. 102, and are presumed to be enabling.

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LexBlog IP

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. The Guidance begins with the premise that only natural persons can be named as inventors on U.S.

Inventor 52

Inventor Invention Patent Designs 52

SpicyIP

MARCH 4, 2024

Controller Gen of Patents: The DHC’s Dilemma of Identifying the Method of Treatment under Section 3(i) of the Patent Act In the context of Section 3(i), the DHC recently clarified that a ‘method of treatment’ is distinct from a ‘method of producing a substance’ that can later be used in the treatment.

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Invention Trademark IP Patent 59

LexBlog IP

FEBRUARY 26, 2024

The Guidance aims to clarify how patent applications involving AI-assisted inventions will be examined by patent examiners, and reaffirms the existing jurisprudence maintaining that only natural persons, not AI tools, can be listed as inventors. The USPTO is seeking public feedback on the Guidance, which is due by May 13, 2024.

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Invention Inventor Patent Patent Application 52

IP Tech Blog

MARCH 5, 2024

The Guidance clarifies that AI-assisted inventions can receive patent protection if a human being plays a significant role in the invention’s conception. The Guidance acknowledges the importance of human inventors in AI-assisted inventions, so that the patent system can continue to incentivize and reward human ingenuity.

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Invention Inventor Patent Patent Application 57

LexBlog IP

MARCH 5, 2024

The Guidance clarifies that AI-assisted inventions can receive patent protection if a human being plays a significant role in the invention’s conception. The Guidance acknowledges the importance of human inventors in AI-assisted inventions, so that the patent system can continue to incentivize and reward human ingenuity.

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LexBlog IP

DECEMBER 13, 2023

Eliezer Accelerating Innovation: Navigating the USPTO’s New Path for Semiconductor Patents The United States Patent and Trademark Office (USPTO) recently announced an important initiative that could significantly impact the semiconductor industry. USPTO’s Semiconductor Technology Pilot Program by Yuri L.

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U.S. Department of Commerce

DECEMBER 13, 2023

Streamlining Patent Filing for Inventors and Creators : The U.S. Patent and Trademark Office (USPTO) enhanced its Patent Center website interface by centralizing application processes, data, and training for patent filers. Census Bureau 2023 CX Action Plan. To learn more visit ITA on Performance.gov.

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Patently-O

APRIL 25, 2024

government by using fraudulently obtained patent rights prop up its drug prices. In a case now pending before the Supreme Court, Silbersher argues that Valeant fraudulently obtained patents for its drug Apriso, allowing it to delay generic competition and charge inflated prices to the government. 3729 (a)(1)(A). United States ex rel.

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The IPKat

OCTOBER 13, 2023

EPO soften priority rules in G1/22 and G2/22 This week, the Enlarged Board of Appeal (EBA) of the European Patent Office softened its rules on priority with the effect that it is now more likely that a priority claim will be valid even if there is a different applicant for the EPO application than for the priority application.

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Patently-O

APRIL 3, 2024

by Dennis Crouch The United States Patent and Trademark Office (USPTO) recently proposed a new fee structure for fiscal year 2025 , which includes significant increases in various patent fees. This fits with the ongoing trend that a patent should be of a particular size. It is unclear how this proposal benefits the USPTO.

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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). At the outset, the USPTO guidance states that inventions developed with assistance from an AI system are still patentable, as long as a human inventor “significantly contributed” to the invention.

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Patently-O

JANUARY 23, 2024

” Although the Director has authority to convene the ARP and set its membership, the default is for the panel to consist of the USPTO Director, Commissioner for Patents, and PTAB Chief Judge. It will be interesting to see whether the ARP continues focusing on biotech patents over the next couple of years. Appellant Xencor, Inc.

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