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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SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications.

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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.

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Patently-O

MARCH 26, 2024

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 an indiscriminate creation of exclusive privileges tends rather to obstruct than to stimulate invention.

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IP Watchdog

DECEMBER 6, 2023

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. Rapidpulse, Inc., IPR2021-01466, Paper 34 (Mar. Nat’l Graphics, Inc., 3d 1375 (Fed.

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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. 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

LexBlog IP

FEBRUARY 21, 2024

Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. patent application has a duty to disclose to the USPTO all information which is materially relevant in assessing the patentability of the invention. On February 13, 2024, the U.S. 101 and 115.

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LexBlog IP

MARCH 11, 2024

of the order, the administration charged the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USTPO) with three directives: 1. Accordingly, the USPTO responded to its first directive and issued its Inventorship Guidance for AI-Assisted Inventions on February 13, 2024. [2]

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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. , § 102(e). § 102(e).

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Patently-O

APRIL 20, 2024

The petition asks two questions related to the comparison process for design patent infringement — in particular, the questions focus on what can qualify as “comparison prior art” used to provide context for the infringement analysis. Must the comparison prior art be the “same article” as claimed?

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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] Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 4] Based on U.S. 101 and 35 U.S.C. 6] Section IV.A

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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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Intellectual Property Law Blog

SEPTEMBER 29, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Telling a detailed story explaining the novelty of the invention instead of merely providing a high level description. On September 22, 2022, the U.S.

Technology 130

Technology Trademark Patent Prosecution Patent 130

Patently-O

MAY 31, 2022

This case raises the novel legal issue of whether a patent can be obtained for an invention created by an artificial intelligence (AI) in the absence of a traditional human inventor (“AI-Generated Invention”). This ignores fundamental statutory and constitutional principles and also stymies innovation. Dynamics , 21-2352.

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The IP Law Blog

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. But can an AI system be a named inventor on a patent? Thaler, assignee, filed U.S.

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Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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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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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 guidance discusses a flexible approach to understanding the scope of the prior art and a flexible approach to providing reasons to modify the prior art.

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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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Intellectual Property Law Blog

SEPTEMBER 30, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Telling a detailed story explaining the novelty of the invention instead of merely providing a high level description. On September 22, 2022, the U.S.

Technology 130

Technology Trademark Patent Prosecution Patent 130

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 11, 2022

Sixty years ago, the Federal Circuit’s predecessor court, the Court of Customs and Patent appeals, considered whether the prior art disclosure of a chemical genus anticipated species falling within the scope of that genus in In re Petering. 102(a) reference, but instead a 35 U.S.C. § 102(e) (pre-AIA) reference.

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Art Invention Patent Law 76

Patently-O

OCTOBER 4, 2021

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? In the accompanying PatentlyO Bar Journal article, The AIA at Ten – How Much Does the Pre-AIA Prior Art Regime Still Matter? Pre-AIAPatents ).

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Patent Trademark Blog

APRIL 19, 2023

To be patentable, an invention must be novel and nonobvious. A novel invention is new, unique, something hasn’t been before. If you get an obviousness rejection under Section 103, how do you show that you are trying to patent a nonobvious invention? Who really decides if a claimed invention is obvious?

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SpicyIP

FEBRUARY 19, 2024

Glaxosmithkline Biologicals Sa vs Human Biolife India Private Limited & Ors on 12 February, 2024 (Delhi HC) The Plaintiff filed a trademark infringement case against the Defendant for using deceptively similar mark to its “Rix” formative trademarks. Sun Pharma Laboratories Ltd. vs Dabur India Ltd. &

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LexBlog IP

JANUARY 31, 2023

PatentNext Summary: Software and computer-implemented inventions (CII) have experienced explosive growth in recent years. There has been explosive growth in software and computer-implemented inventions (CII), including in specialized areas such as Artificial Intelligence. Ryan Phelan is a registered U.S.

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IP Watchdog

APRIL 30, 2024

Patent and Trademark Office (USPTO) today published a request for comment (RFC) on “how AI could affect evaluations of how the level of ordinary skills in the arts are made to determine if an invention is patentable under U.S. Additionally, the U.S.

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Technology Invention Art Publishing 69

IIPRD

MARCH 4, 2024

For Example, Person A used the trademark of Nike to defraud the public and to cause the loss to original Nike by selling duplicate products. So, this is an infringement of trademark and Nike can sue Person A for using its trademark without consent and causing loss to its goodwill. What are the rights in Intellectual Property?

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LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. 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

LexBlog IP

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. But can an AI system be a named inventor on a patent? Thaler, assignee, filed U.S.

Inventor 52

Inventor Invention Patent Application Patent 52

JD Supra Law

FEBRUARY 6, 2024

The United States Patent and Trademark Office (USPTO) has published new Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc. This requires that a patent specification enables a person of ordinary skill in the art (POSITA) to make and use the invention.

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Patent Invention Art Publishing 68

IP Watchdog

DECEMBER 19, 2022

Patent and Trademark Office (USPTO) under newly appointed Director, Kathi Vidal, and some exciting precedents set in the rapidly evolving area of inventions and art created by artificial intelligence machines, among other developments. We had surprising denials at the Supreme Court, expected rulings from the U.S.

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Patently-O

OCTOBER 4, 2021

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? In the accompanying PatentlyO Bar Journal article, The AIA at Ten – How Much Does the Pre-AIA Prior Art Regime Still Matter? Pre-AIAPatents ).

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IP Tech Blog

JUNE 30, 2021

A patent must teach one skilled in the relevant art how to make and use the claimed invention, as required by 35 U.S.C. p) explains that unless an invention is disclosed such that one skilled in the art will be able to practice it without undue experimentation, at least one operative example of the invention must be set forth.

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Invention Inventor Patent Application Art 52

Velocity of Content

JULY 26, 2022

But trademarks are not mentioned in that foundational document. This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. See discussion at this blog for a longer discussion of the differences.)

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Patent Trademark Blog

SEPTEMBER 23, 2021

Claims vs. Description of the Invention. Where is the description of the invention? What is the difference between claims and the description of the invention? A patent gives you the right to exclude others from doing your invention. What is the primary purpose of the description of the invention?

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LexBlog IP

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 guidance discusses a flexible approach to understanding the scope of the prior art and a flexible approach to providing reasons to modify the prior art.

Art 52

Art Invention Patent Technology 52

LexBlog IP

FEBRUARY 21, 2023

The appreciation of works of art is subjective, and rightfully so as the experience of viewing art, and what it makes one feel is personal. It should be noted that the intersection of art and technology is not necessarily new, and instead, creations arising from the surprising pair have existed for some time.

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