Intellectual Property Law Blog

OCTOBER 6, 2023

This case addresses whether patents relating to methods and systems for connecting users based on their answers to polling questions claim patentable subject matter under 35 U.S.C. § Background Trinity sued Covalent for patent infringement of U.S. Patent 9,087,321 (“the ’321 patent”) and U.S. 321 patent col.

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LexBlog IP

JANUARY 31, 2023

PatentNext Summary: Software and computer-implemented inventions (CII) have experienced explosive growth in recent years. This article looks at laws of jurisdictions in Southeast Asia, comparing the status of enforcement and protection of software and CII in various Southeast Asia countries. or by telephone at +65 6956 9943.

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Intellectual Property Law Blog

NOVEMBER 1, 2023

The White House Executive Order on AI (“EO”) is comprehensive and covers a wide range of topics. We provided a summary here. It addresses many of the risks and problems that can arise with AI. One of the topics which raises many legal issues, particularly with generative AI (“genAI”), is intellectual property.

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Patently-O

NOVEMBER 9, 2021

In the past 50 years, the Supreme Court has decided about 70 patent cases (depending upon how you count). The case was set-up as a showdown on questions of patent eligibility in the “highly esoteric field of computer technology.” The Patent Office rejected the claims, but the CCPA revived them. Johnston , 425 U.S.

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IIPRD

APRIL 8, 2024

Introduction: The creative AI and the art generated by such algorithms and technology are raising questions in field of copyright law which have emerged recently. Introduction: The creative AI and the art generated by such algorithms and technology are raising questions in field of copyright law which have emerged recently.

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LexBlog IP

SEPTEMBER 29, 2022

PatentNext Summary: Virtual Reality (VR)-related patents are expected to rise with the onset of the Metaverse. Given that VR is fundamentally a software technology, how do courts review VR-related patents? VR systems typically comprise 3D-based software that controls a VR device, such as a VR headset.

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LexBlog IP

AUGUST 28, 2023

However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and the written description of the patent to which it belonged failed to describe “ how ” the claimed invention implemented this element. § 112(a)).

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Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” A patent protects an invention.

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SpicyIP

FEBRUARY 10, 2024

Deputy Controller , Madras High court rejected the contention that the subject invention was excluded for being business method. The findings of this short judgement have possible significant implications on the jurisprudence regarding 3(k) and business methods in the Patent Act. 3(k) of the Patent Act and thereby excluded.

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The IPKat

OCTOBER 2, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 arose from a case seeking guidance on the evidence requirement for a purported technical effect relied on for inventive step ( IPKat ). The Board of Appeal in T 2465/19 , for example, cited G 2/21 in a case related to the inventive step of a semiconductor.

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LexBlog IP

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. 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? Patent Appl. Thaler, assignee, filed U.S. 16/524,350 (“the ’350 Appl.”)

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Intellectual Property Law Blog

JUNE 7, 2023

Industry stalwarts and startups alike have launched generative models that can create new text, images, video, 3D models, and even software code — with the promise of more powerful and disruptive innovations to soon follow. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments.

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Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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LexBlog IP

JUNE 5, 2022

The Commissioner of Patents filed her written submissions in response [PDF, 718kB] on 11 May 2022. It is common ground that the hardware elements are well-known in the field of electronic casino gaming, and that the new and inventive contribution resides wholly in the feature game implementation. The case – which is Case No.

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LexBlog IP

FEBRUARY 28, 2023

I am excited to announce the publication of the Intellectual Property Owner (IPO) ’s white paper on “ Software and Medical Device Guidance: A Global Perspective.” ” The paper was authored by the IPO’s Software and Medical Device Subcommittee, which I had the honor and pleasure of leading in 2022.

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IPilogue

NOVEMBER 30, 2021

Ratajkowski explained the impetus for its creation in her essay “Buying Myself Back”, where she shares that the photo she shared on Instagram had been hanging in the Gagosian as part of Richard Prince’s “New Portraits” art show. In this case, the software would still belong to the software engineers that invented it.

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Intellectual Property Law Blog

SEPTEMBER 8, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See Alice Corp.

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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? Datzov, The Role of Patent (In)Eligibility in Promoting Artificial Intelligence Innovation , 92 UMKC L. Patent Nos. In his recent article, Prof.

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LexBlog IP

MAY 20, 2022

PatentNext Summary: Artificial Intelligence (AI) Patent Application filings continue their explosive growth trend at the U.S. Patent Office (USPTO). At the end of 2020, the USPTO published a report finding an exponential increase in the number of patent application filings from 2002 to 2018. This trend has continued.

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LexBlog IP

NOVEMBER 27, 2021

As such, they concluded that the claims were not directed to patent-eligible subject matter. A ‘feature game’ is a secondary, or bonus, game triggered by the occurrence of a defined event in the ‘base’ game of spinning reels.)

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The IPKat

OCTOBER 2, 2023

We are now awash with companies claiming to provide LLM software capable of drafting, prosecuting and challenging patents. This post will instead focus on the potential short to medium term impact of LLMs on the patent profession. No software tool predating LLMs had anything close to this ability.

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IPilogue

FEBRUARY 13, 2023

For the first time in decades, the US Supreme Court will engage with enablement in patent applications. Specifically, Amgen seeks to appeal a decision from the Federal Circuit , in which the court found Amgen’s patents invalid for lack of enablement. The requirement of enablement in US patent law is codified in 35 USC s.

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LexBlog IP

JANUARY 4, 2023

Software patentability remains a tricky issue, raising questions about a computer program’s inventive step and technical characteristics. Legal protection for software is an increasing concern due to the development of new technology in recent years. How can computer programs be patented in Greece and Europe?

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Intepat

OCTOBER 13, 2023

Section 3 of the Patents Act, 1970 (the Act) puts forth the criteria of what does not fall under the ambit of “inventions”. In the same stride, the Act puts down various situations in which such a technical advancement would not be considered an invention.

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LexBlog IP

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. AI patent activities by year. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development.

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IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

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LexBlog IP

JUNE 20, 2023

Industry stalwarts and startups alike have launched generative models that can create new text, images, video, 3D models, and even software code — with the promise of more powerful and disruptive innovations to soon follow. Part Two of this series covers subject matter eligibility, prior art, and future opportunities.

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Patently-O

FEBRUARY 16, 2023

The case has one key sentence: Normally, once the function to be performed by software has been identified, writing code to achieve that function is within the skill of the art. The patentee had provided functions of the software in its disclosure but had not provided the computer code itself.

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Patent Trademark Blog

APRIL 14, 2022

Will your patent be rejected? Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. How to respond to utility patent rejections.

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Patently-O

FEBRUARY 13, 2023

During one of the meetings, Sywula apparently sketched-out a diagram on a napkin that he gave to DaCosta and that eventually served as a basis for the patent filings in this case. Then came the patenting. Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting.

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LexBlog IP

MAY 31, 2023

Supreme Court invalidated two of Amgen’s patents for its cholesterol drug, Repatha, making it more difficult for patentees to obtain broadly worded patents. [1] The patents incorporated what is known as functional claims, where an invention is defined by its function instead of its physical components.

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Intepat

MAY 2, 2024

The unique nature of quantum innovations poses novel challenges in patenting, necessitating legal frameworks that acknowledge the intricate dance of particles in the quantum realm. Quantum computing is a mosaic of sophisticated algorithms, advanced software, and state-of-the-art hardware.

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LexBlog IP

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” As the U.S.

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JD Supra Law

JANUARY 24, 2022

The decision ruled that patent claims for computer-implemented inventions may be abstract ideas, making it questionable if they are “patent eligible subject matter.” This has nothing to do with someone else having patented it first (prior art); it is only about whether one can even get a patent on these inventions.

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Patently-O

DECEMBER 10, 2023

4_22-cv-04376 Western Digital sued Viasat for infringing claims from several patents, including US8,504,834, which covers “media streaming systems and software.” granted a motion to dismiss — finding the claims of the ‘834 patent directed to ineligible subject matter. 15, 2023) Docket No.

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The IP Law Blog

DECEMBER 8, 2022

A lot of people have gotten patents for things related to Christmas. There are a number of patents intended to help parents convince children that Santa has been there. This patent covers a Christmas stocking that contains a light bulb or LED, a battery to power the light, and a hidden switch that turns on the light. 10,123,646.

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