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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Invention Copyright Patent Inventor 113

The IPKat

DECEMBER 13, 2023

The recent Board of Appeal decision in T 1356/21 covered a number of interesting legal points in the field of pharmaceutical patents. The case related to the novelty and inventive step of a second medical use claim. However, it is possible to patent a "substance or composition for use " in a method of treatment.

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Invention Patent Law Art 119

JD Supra Law

NOVEMBER 29, 2022

Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of software patent prosecution can help ensure that software inventions get maximum protection.

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Invention Patent Prosecution Patent Art 96

The IPKat

MARCH 29, 2024

The European patent at issue in T 1437/21 ( EP 2981271 ) related to the second medical use of a known drug (empagliflozin) in a subpopulation of patients. The prior art cited against the patent was the patentee's own press releases reporting the success of a phase III clinical trial of the drug in the broader patient population.

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Invention Art Reporting Patent 57

The IPKat

OCTOBER 31, 2023

The recent decision in T 0258/21 , by contrast, is the first interpretation of G 2/21 leading to a finding of a lack of inventive step in view of an inadequate disclosure of the purported technical effect. T 0258/21 : Case background T 0258/21 related to the EP patent application EP 12716828.4.

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Invention Art Publishing Patent Application 120

Patently-O

JULY 11, 2022

In a new opinion the court asked and answerd an interesting question: What if most on-point prior art was accidentally created due to a typographical error? A key to the analysis was a finding that the error would have been apparent to someone of skill in the art. You can compare the prior art linear objective lens results (Fig.

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Art Patent Invention Copying 138

Patently-O

APRIL 8, 2024

By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. The case involved a patent infringement suit over an improved vacuum tube used in radio communications. Background The patent at issue, U.S. General Electric Co. , 571 (1931).

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IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S.

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Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Questions presented: When looking for comparison prior art, is the article’s function relevant in any way? Must the comparison prior art be the “same article” as claimed? 511 (1871).

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Design Patent Art Designs Design 67

The IPKat

AUGUST 4, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

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Invention Art Patent Reporting 98

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.

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Invention Art Designs Design 105

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 embraces the use of AI in innovation and provides that AI-assisted inventions are not categorically unpatentable.

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JD Supra Law

OCTOBER 25, 2022

In patent examination, the examiner will cite a prior art document in order to determine whether or not an invention or utility model is novel and inventive. By: Linda Liu & Partners

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Invention Art Patent 52

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. .”

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Inventor Invention Patent Designs 52

The IPKat

NOVEMBER 13, 2023

A recent Board of Appeal decision T 0273/22 related to a patent in the same family as that of the landmark UK Supreme Court decision Regeneron v Kymab. In particular, in this divisional patent Regeneron had attempted to avoid a novelty attack by explicitly disclaiming embodiments of the invention from the claim.

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Intellectual Property Law Blog

JUNE 5, 2023

In particular, this case establishes: (1) which party bears the burden of proof regarding whether a “skilled and diligent searcher” could have reasonably been expected to discover prior art such that failure to include it in an IPR petition estops the petitioner from raising it in other civil actions under 35 U.S.C. §

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Invention Art Litigation Patent 130

SpicyIP

NOVEMBER 8, 2023

Since living cells and products of nature are often involved in these inventions, clarity regarding patent eligibility is becoming more important. The discovery, development and patenting of biologics has been historically tied to the ‘product of nature’ question under patent law. CLS Bank Int’l. Kibow Biotech Inc.,

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Invention Patent Art Patent Law 69

IP.com

SEPTEMBER 22, 2022

Invention disclosure documents are the important first steps in the IP commercialization process. Not only does it represent the first recording of the invention, establishing the date and scope, but they have been used to defeat challenges to dates of invention, inventorship, invention scope, and prior art.

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Invention Art IP Patent 98

JD Supra Law

DECEMBER 21, 2023

When Dynamic Drinkware was decided in 2015, commentators debated whether differences in the language of the American Invents Act (AIA) version of 35 USC § 102 would shield AIA patents from its restrictions. By: Foley & Lardner LLP

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Patently-O

NOVEMBER 13, 2023

by Dennis Crouch Berkely Center for Law & Technology is hosting a great half-day virtual-conference this week: “AI as an Inventing Tool – it’s Implications for Patent Law” organized by Prof. The Winslow Tableau presents an unrealistic conception of the PHOSITA possessing encyclopedic knowledge of all prior art.

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Patent Law Invention Law Art 67

IP Watchdog

DECEMBER 6, 2023

In March 2023, the Patent Trial and Appeal Board (Board) addressed in Penumbra, Inc. 10, 2023), a key issue in inter partes reviews: how to establish a reference patent as prior art based on the filing date of an earlier-filed application, such as a provisional. 2015), do not apply for post-America Invents Act (AIA) patents.

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Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.” Claims: 1.

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Invention Art Patent Designs 57

Intellectual Property Law Blog

FEBRUARY 13, 2024

Background Medtronic filed two IPR petitions challenging certain claims in Teleflex’s ’116 patent. In the IPRs, Medtronic asserted that the “Itou” reference qualified as prior art under the pre-AIA § 102(e). In the IPRs, Medtronic asserted that the “Itou” reference qualified as prior art under the pre-AIA § 102(e).

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Invention Art Inventor Patent 130

Intellectual Property Law Blog

JUNE 20, 2023

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments. Part One of this series covers claim scope and inventorship.

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JD Supra Law

MARCH 7, 2022

According to China’s local practice, there are three steps to follow when determining whether a claimed invention is obvious when compared to the prior art: determining the closest prior art; distinguishing the features of the invention and the technical problem that it actually solves; By: Linda Liu & Partners

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Art Invention Patent 98

Patently-O

JULY 13, 2023

by Dennis Crouch If you break it down far enough, every invention is simply a combination of known materials or steps. This is a flexible analysis (KSR) with the PTO and courts typically looking for a “motivation to combine” the prior art teachings that would have a “reasonable expectation of success.”

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Invention Art Patent Patent Law 75

Patently-O

MAY 25, 2023

2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide catheter used in interventional cardiology procedures. In an attempt to invalidate these patents, Medtronic launched a succession of Inter Partes Review (IPR) petitions. Patent 7,736,355 (“Itou”) could be regarded as prior art.

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The IPKat

NOVEMBER 19, 2022

The recent decision T 0555/18 from the EPO Boards of Appeal considered the burden of proof for unusual parameters relied on for inventive step. The patent in question ( EP2117839 ) related to shrink wrap for use in food packaging. On appeal, the Opponent argued that the patent lacked inventive step. transparency).

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Invention Art Patent Patent Application 92

IP Tech Blog

MARCH 6, 2024

The United States Patent and Trademark Office (USPTO) recently published updated guidance emphasizing a very flexible approach to determining obviousness under 35 U.S.C. § The guidelines are written for USPTO personnel but combined with the Manual of Patent Examining Procedure (MPEP), they provide guidance to practitioners.

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Patent Trademark Blog

APRIL 19, 2023

What does patent obvious mean? To be patentable, an invention must be novel and nonobvious. A novel invention is new, unique, something hasn’t been before. But, what makes a patent application obvious? Want to file a nonobvious patent? Who really decides if a claimed invention is obvious?

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Patent Patent Application Invention Art 98

Intellectual Property Law Blog

MAY 22, 2023

After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. § 112(a), and are thus invalid. In re Wands , 858 F.2d 2d at 737, 8 USPQ2d at 1404 (Fed.

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Invention Art Patent Inventor 246

Larson & Larson

FEBRUARY 13, 2021

A high number of patent applications are given a non-final rejection from the USPTO according to Yale. 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. Exceptions.

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JD Supra Law

MAY 24, 2023

Sanofi that a patent’s specification must enable a person skilled in the art to make and use the full scope of the invention as defined by its claims. Amgen sued Sanofi in 2014, alleging that Sanofi had infringed its cholesterol-lowering drug patents, which disclosed 26 exemplary antibodies by amino acid sequences.

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Invention Patent Art 52

Patently-O

AUGUST 17, 2021

Ironburg Inventions ( Fed. Ironburg won a $4 million judgment regarding two patents (now on appeal) and the district court stayed the litigation regarding U.S. Ironburg won a $4 million judgment regarding two patents (now on appeal) and the district court stayed the litigation regarding U.S. Patent Nos. ” Fed.

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IP Law 360

NOVEMBER 15, 2023

Patent and Trademark Office Director Kathi Vidal designated new precedent Wednesday that post-America Invents Act patents don't have to worry about a Federal Circuit ruling regarding the relationship between priority applications and follow-up applications in prior art analysis.

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JD Supra Law

DECEMBER 18, 2023

Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions. Teleflex Innovations S.A.R.L., By: Sheppard Mullin Richter & Hampton LLP

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LexBlog IP

DECEMBER 15, 2023

Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions. Teleflex Innovations S.A.R.L. ,

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