LexBlog IP

FEBRUARY 15, 2024

Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

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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. The core task of patent examination is identifying quality prior art.

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Intellectual Property Law Blog

AUGUST 30, 2021

Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development. The rule of thumb is to focus the patent protection on what the inventors improve over the conventional technology. The state-of-art AI systems are far from perfection. 1) Training phase.

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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. These lightweight messages do not require the writing and use of code.

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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] The Guidance strives to ensure balance between protecting and incentivizing AI-assisted inventions and not hindering future human innovation, as “the patent system is designed to encourage human ingenuity.” [2]

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LexBlog IP

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. Instead of a last name, Thaler stated “the invention [was] generated by artificial intelligence.”.

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Inventor Invention Patent Application Patent 52

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

What is a prior-art search? Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. Prior art search determines the merits of patent applications. Several bacteria, such as Pseudomonas sp.

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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

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Patently-O

MARCH 26, 2024

Brady for an improved dredge boat design. The Supreme Court ultimately reversed the lower court’s decision upholding the patent and found instead that Brady’s claimed invention lacked novelty and did not constitute a patentable advance over the prior art. Such inventors are worthy of all favor.

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Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? A US design patent application must be filed within six months of your foreign priority date. Individual inventor applicants and academic institutions qualify as small entity for reduced USPTO patent filing fees.

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Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. Rather, the human must provide significant inventive contribution).

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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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Patently-O

NOVEMBER 28, 2023

by Dennis Crouch The Patent Trial and Appeal Board recently designated as precedential a portion of its Penumbra v. RapidPulse decision in that provides important guidance on the use of a provisional patent application’s filing date for 102(a)(2) prior art under the America Invents Act. Penumbra, Inc. RapidPulse, Inc.

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Intellectual Property Law Blog

JULY 25, 2023

Background Blue Gentian is an assignee of Berardi’s six patents involving a collapsible hose, where Berardi is the named inventor. The district court ordered correction of the inventorship for the six patents holding that Ragner should have been a named co-inventor for all of the asserted patents.

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Olartemoure Blog

DECEMBER 21, 2023

ROTATING CHRISTMAS TREE STAND US1988343A Inventor: Claris F. 15, 1938 An inventive way to showcase your festive centerpiece. This clever invention allows the entire Christmas tree to rotate, providing a 360-degree view of decorations and ornaments. MISTLETOE SUPPORTING HEADBAND US4488316A Inventors: Ronald J.

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Patent Inventor Invention Intellectual Property 98

U.S. Department of Commerce

JUNE 9, 2022

Visit the Reopened National Inventors Hall of Fame Museum. The National Inventors Hall of Fame (NIHF) Museum is now open to the public! To be inducted into the National Inventors Hall of Fame, an inventor must hold a U.S. June 9, 2022. KCPullen@doc.gov. Thu, 06/09/2022 - 12:24. Intellectual property. Kathi Vidal.

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Larson & Larson

FEBRUARY 13, 2021

Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand. What is Prior Art? You may have heard the term ‘prior art’ before in the context of patents.

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U.S. Department of Commerce

JUNE 24, 2022

Pride Month: Celebrating LGBTQIA+ Inventors and Entrepreneurs. An accomplished inventor, she was named on five patents by age 37. The company’s cutting-edge AI-guided scanner was named one of the “100 Best Inventions of 2021” by Time Magazine. June 24, 2022. KCPullen@doc.gov. Fri, 06/24/2022 - 11:44. This month, the U.S.

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Intepat

JANUARY 17, 2023

A patent specification is a disclosure to the public at large regarding the invention as well as the scope of protection that would be granted to the invention. It provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection. Provisional Specification.

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Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. The study needs a high level of patience and huge investments in time and money.

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Intellectual Property Law Blog

JUNE 7, 2023

Part Two of this article series covers subject matter eligibility, prior art, and future opportunities. 2022) recently confirmed that an inventor under the patent statute must be a natural person. Patent Office two patent applications in which artificial intelligence was identified as the inventor. Vidal , No. 2021-2347 (Fed.

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Patently-O

FEBRUARY 27, 2024

” Before Graham and the 1952 Act, the courts had ground their obviousness analysis in the statutory requirement of “invention” and the Constitutional purpose to “promote the Progress.” John Deere Co., Against this background, the obviousness or nonobviousness of the subject matter is determined.’

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The IPKat

FEBRUARY 13, 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). The impact of G 2/21 on inventive step and free evaluation of evidence (E-IV-4.1, Is the Broad CRISPR appeal coming back from the dead?

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More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it.

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LexBlog IP

DECEMBER 26, 2023

You’ll almost certainly see language that says you cannot apply for copyright or trademark registration for those logos , and that Canva and whoever they licensed the clip art, photos, etc. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively. What if it is?

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Designs Design Trademark Copyright 52

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? For similar reasons, science fiction is rarely cited as prior art against later patent filings. Science fiction can qualify as prior art under § 102(a) as a “printed publication” or as “otherwise available to the public.” See [link].

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Patent Law Law Inventor Patent 94

Patently-O

DECEMBER 21, 2022

102(f): A person shall be entitled to a patent unless — (f) he did not himself invent the subject matter sought to be patented. Under this old law, an accused infringer was able to assert a defense of invalidity if the issued patent fails to name the correct inventors. The patents list two inventors, Richard Darr and Edward Morgan.

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SpicyIP

DECEMBER 22, 2022

The Delhi Court rebuked the incomprehensible reasoning of the Assistant Controller of Patents & Designs: The incomprehensibility of judgments is not a new issue , and the Supreme Court has even given some tips for judgment writing recently. The Delhi High Court, in Art Screw Co., The Delhi High Court, in Art Screw Co.,

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SpicyIP

AUGUST 9, 2021

According to WIPO’s Revised Issues Paper on Intellectual Property Policy and Artificial Intelligence , AI-generated works refers to any inventions created by AI without any human intervention. ‘AI An important question that arises is can AI actually invent on its own?

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IP and Legal Filings

SEPTEMBER 12, 2022

What Constitutes Art. As a result, visual arts including paintings, sculptures, literary works, as well as video, plays, and music, are regarded to be works of art. Copyrighting Art. Modern Art. Forms of Traditional Art. Abstract Art. Modern art heavily relies on abstract art.

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Patently-O

JULY 13, 2021

Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. Not Prior Art : On appeal, the PTAB has reversed — finding that cited references are not prior art at all. Door-Master Corp.

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Patent Trademark Blog

FEBRUARY 6, 2023

With the help of a patent attorney, can you show it in words and drawings that would sufficiently teach others in this field how to practice your invention? If you are considering foreign protection, your must hold off on publicly disclosing your invention until after you file your first patent application. How would it actually work?

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Patently-O

MAY 15, 2024

Henry’s ink had been specially designed for use with the machine — undermining any arguments that the license restricted use of commodity goods. Interestingly, although clearly specially designed for use on Dick’s rotary mimeograph, Henry’s ink can itself bore a notice stating it was not to be used on A.B.

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The IP Law Blog

JANUARY 18, 2024

A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” And with patents, the only protection arises when the USPTO issues a patent on an invention. This is the tradeoff an inventor makes with the public.

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Intepat

MAY 2, 2024

This journey is about unlocking the potential of quantum technology while ensuring that inventors and innovators are rightfully recognized and protected. Quantum computing is a mosaic of sophisticated algorithms, advanced software, and state-of-the-art hardware. Patenting in the quantum sphere is incredibly complex.

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Patent Trademark Blog

APRIL 14, 2022

Yes for utility, and probably not for design. A design patent application has an approximately 86% chance of approval. In contrast, a typical design application may sail through an allowance without any Office Actions. Even if you think your invention is new, your utility patent app might get rejected for being obvious.

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LexBlog IP

AUGUST 30, 2021

Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development. The rule of thumb is to focus the patent protection on what the inventors improve over the conventional technology. The state-of-art AI systems are far from perfection. 1) Training phase.

Invention 52

Invention Patent Privacy Inventor 52