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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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. The Guidance begins with the premise that only natural persons can be named as inventors on U.S. On February 13, 2024, the U.S. 101 and 115.

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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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Patent Trademark Blog

NOVEMBER 28, 2023

How long is the average design patent application? There are two tracks or timeframes for US design patents. On the fast track known as Rocket Docket , you may be able to get a design patent granted in about 5-10 months from the filing date if there are no rejections. Need to get US design patents quickly?

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Design Patent Designs Design 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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The IPKat

AUGUST 11, 2023

In keeping with the so-called media "silly season" of late summer, PatKat thought she would check-in on the AI inventor debate. In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. Sceptical Kat Has DABUS invented?

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The IP Law Blog

AUGUST 11, 2022

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. That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system. 16/524,350 (“the ’350 Appl.”)

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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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JD Supra Law

NOVEMBER 2, 2023

In this episode, IMS Senior Client Success Advisor Adam Bloomberg is joined by Professor Ian Cullimore, expert witness and patent inventor, and IMS Trial Consulting Lead Dan Martin to explain how to simplify sophisticated intellectual property into compelling presentations that judges, juries, and tribunals can comprehend.

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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 technology is designed to catch heart problems early and could be particularly helpful for people who live in rural areas far away from experienced cardiologists and ultrasound technicians.

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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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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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The IP Law Blog

APRIL 14, 2022

Design Patent No. In this case, Pandaloon sought dismissal of CCC’s inequitable conduct claim on the grounds that CCC fails to plead with particularity knowledge of prior art, knowledge of the materiality of that prior art, and specific intent. D806,325 (the “D325 Patent”) for a “Pet Costume.”

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Art Inventor Patent Infringement Patent 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. In partnership with the USPTO, the National Inventors Hall of Fame has inspired 2.7

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Barry Sookman

DECEMBER 23, 2023

Artificial intelligence (AI) systems and in particular generative AI (GenAI) systems have raised the question as to whether technical advances in the useful arts or synthetic content generated using these tools can qualify for patent or copyright protection. The Thaler and SURYAST decisions appeared first on Barry Sookman.

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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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LexBlog IP

JUNE 18, 2023

Patent Practice: Creation of a Design Patent Practitioner Bar by John DeStefano The United States Patent and Trademark Office (USPTO) has proposed a significant change to the rules of practice in patent cases. The Office received a range of comments, both in support of and against the creation of a separate design patent practitioner bar.

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LexBlog IP

AUGUST 11, 2022

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. That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system. 16/524,350 (“the ’350 Appl.”)

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Patently-O

FEBRUARY 12, 2024

” A human who provides a significant contribution may be the sole inventor and original owner, even in situations where the AI provided the greater contribution. No AI Inventors Allowed First, the notice recognizes and follows existing case law that only natural persons can be listed as inventors on U.S. Vidal , 43 F.4th

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The IPKat

FEBRUARY 14, 2024

The guidance instructs examiners on how to determine the correct inventor(s) to be named in a patent or patent application for inventions created by humans with the assistance of one or more AI systems ”. A natural person’s use of an AI system in creating an AI-assisted invention does not negate the person’s contributions as an inventor; 2.

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Olartemoure Blog

DECEMBER 21, 2023

ROTATING CHRISTMAS TREE STAND US1988343A Inventor: Claris F. The rotating feature ensures that every side of the tree gets its moment in the spotlight, offering a unique twist to the art of tree decoration. REUSABLE GIFT-WRAPPING FABRIC US9174783B1 Inventors: Stephanie Grabell and Jodi Kahane Assignee: Wrapeez LLC Date of Patent: Nov.

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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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The IPKat

MAY 20, 2024

Rose Hughes shared that the USPTO has issued a request for comments regarding the impact of AI on evaluations of patentability, including what qualifies as prior art and the capabilities of the person skilled in the art. Copyright and Designs Kevin Bercimuelle-Chamot discussed the recent judgment of the Tribunal judiciaire of Lyon.

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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. AI and the question of what is "the prior art"? It is just an extension of the existing challenge of non-enabled prior art.

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LexBlog IP

APRIL 14, 2022

Design Patent No. ” In this case, Pandaloon sought dismissal of CCC’s inequitable conduct claim on the grounds that CCC fails to plead with particularity knowledge of prior art, knowledge of the materiality of that prior art, and specific intent. D806,325 (the “D325 Patent”) for a “Pet Costume.”

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Kluwer Copyright Blog

SEPTEMBER 6, 2023

Even more recently, another case dedicated to protection of AI generated visual art has been decided by the United States District Court for the District of Columbia ( Thaler vs Perlmutter , Civil Action No. Hence and copyright law was therefore not designed to reach them. 22-1564 (BAH)). see 17 U.S.C. §

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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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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. The functionalities and any new and unobvious structures created by 3-D printing technologies may be the subject of a utility or a design patent.

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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.

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Designs Design Trademark Copyright 52

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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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. In modern biology research, inventors come from various disciplines such as pharmaceutical, environmental, agricultural, and dairy, and all of them are involved in improving the quality of life.

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Patently-O

FEBRUARY 27, 2024

a proper understanding of the prior art extends to all that the art reasonably suggests , and is not limited to its articulated teachings regarding how to solve the particular technological problem with which the art was primarily concerned. John Deere Co., ” Quoting KSR. ” Quoting KSR.

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Patently-O

JUNE 28, 2022

When the Patent Act of 1790 refers to inventors, it lists gender inclusive forms of “he, she, or they:” [The inventor(s) must] set[] forth, that he, she, or they , hath or have invented or discovered any useful art, manufacture, engine, machine, or device, or any improvement therein… Patent Act of 1790.

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LexBlog IP

MARCH 18, 2022

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents. 1–4, illustrated below.

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LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”). ” 10 F.4

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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.

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Patently-O

DECEMBER 21, 2022

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. But, on summary judgment the district court concluded they should have listed a third inventor, Alessandro Falzoni.

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