Patently-O

JULY 28, 2021

Most patents involve two or more joint inventors who all claim to have contributed significantly to the invention. Conception of the invention is typically seen as the critical legal determinant of invention and some courts have written that each joint inventor must have contributed substantially to the conception of the invention.*

Inventor 127

Inventor Invention Patent Prosecution Art 127

Patently-O

MARCH 9, 2022

For each art-unit grouping, I show the percent of patents having US inventors (residence). The chart below provides a contrasting glimpse into the subject matter of US-originated patents compared with their foreign-originated counterparts.

Inventor 80

Inventor Art Patent 80

JD Supra Law

AUGUST 25, 2022

The US Court of Appeals for the Federal Circuit found that a prior art patent’s summarization of a report authored by the inventors of a patent challenged under inter partes review (IPR) did not constitute a disclosure “by another” under pre-America Invents Act § 102(e). Regents of Univ. of Minnesota, Case No. 21-2057 (Fed.

Inventor 52

Inventor Art Reporting Invention 52

JD Supra Law

APRIL 5, 2024

The Patent Trial and Appeal Board recently found claims directed to a web-based point of sale system and method unpatentable as obvious after conducting a thorough examination of whether a reference with one common inventor constituted prior art. By: Akin Gump Strauss Hauer & Feld LLP

Art 62

Art Ownership Inventor Patent 62

Intellectual Property Law Blog

FEBRUARY 14, 2024

The Federal Circuit also engaged in a fact-specific obviousness inquiry regarding capacitor elements disclosed in the prior art. The patent owner response further argued that cited prior art Tayloe’s capacitors were not “storage elements” because they were not part of an energy transfer system. 2022-1548, (Fed.

Inventor 130

Inventor Patent Art Law 130

IP.com

MAY 23, 2022

Receiving full value on a patent is an important step for many companies and inventors who. The post Prior Art Valuations and Patent Scoping appeared first on IP.com - IP Innovation and Analytics. Valuing a patent is a multidisciplinary endeavor that incorporates legal, economic, and technical perspectives.

Art 98

Art Patent Inventor IP 98

JD Supra Law

MAY 3, 2024

Patent and Trademark Office (PTO) issued a Request for Comment on how AI technology could affect the PTO’s evaluation of patentability, particularly with respect to qualifying prior art and the level of ordinary skill in the art.

Inventor 62

Inventor Art Technology Trademark 62

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.

Inventor 52

Inventor Invention Patent Designs 52

The IP Law Blog

AUGUST 11, 2022

But can an AI system be a named inventor on a patent? 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. Alternatively, if the Patent Act requires inventor(s) must be human, are AI-created inventions not patentable at all under the current statute?

Inventor 96

Inventor Invention Patent Patent Application 96

LexBlog IP

DECEMBER 15, 2023

Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Medtronics filed five IPR petitions using the ’355 patent as the primary prior art reference under pre-AIA 35 U.S.C. § Teleflex Innovations S.A.R.L. , § 102(e). § 102(e). ” Cooper v. ” Cooper v.

Art 52

Art Inventor Invention Patent 52

The IP Law Blog

MARCH 10, 2022

The United States Copyright Office has refused to register a copyright for a work of art created by a machine. The work of art is a two-dimensional picture that is mostly dark and sort of looks like a painting. First, Mr. Thaler had no input into the work of art. Thaler filed a second request for reconsideration.

Art 97

Art Copyright Copyright Law Registration 97

LexBlog IP

NOVEMBER 9, 2023

Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. HIP, formerly Unitherm Food Systems, Inc. (“Unitherm”), argued that it had rights to the patent because its president was an inventor and should be added to the patent. Iolab Corp.

Inventor 52

Inventor Invention Art Patent 52

Patently-O

AUGUST 17, 2021

The focus of the appeal is whether the purported “Burns” reference should count as prior art. the prior art disclosures of these documents are the same. On appeal, the Federal Circuit found “overwhelming evidence” that the reference was prior art.

Art 123

Art Litigation Publishing Inventor 123

JD Supra Law

MAY 24, 2023

to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries" (emphasis added). The United States Constitution provides the basis for patent laws; it says "Congress shall have power.

Inventor 52

Inventor Art Patent Law Law 52

The IPKat

OCTOBER 10, 2022

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator.

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Inventor Invention Patent Ownership 140

Patently-O

NOVEMBER 28, 2023

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. Notably, in order to be prior art under 102(a)(2), the application must first either (a) issue as a US patent (under 35 U.S.C. Penumbra, Inc. RapidPulse, Inc.

Art 48

Art Inventor Publishing Invention 48

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?

Inventor 52

Inventor Invention Law Ownership 52

IP Law 360

MARCH 7, 2024

Circuit to reject an artificial intelligence inventor's argument that work created by machines are eligible for copyright protection, saying the government has a long history of extending that benefit only to human authors. Copyright Office has urged the D.C.

Copyright 81

Copyright Art Inventor Government 81

IPilogue

NOVEMBER 1, 2021

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. found in paragraph 10 of the Thaler decision: “First, an inventor is an agent noun; an agent can be a person or thing that invents.

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Inventor Patent Invention Intellectual Property 111

LexBlog IP

OCTOBER 26, 2023

One of the main questions on appeal, according to Corephotonics, was whether the PTAB erred in finding Apple’s prior art analogous to the Camera Patents. In all of its petitions, Apple included grounds for unpatentability citing a combination of prior art references, including U.S. Patent Nos. 8,081,206 to Martin and U.S.

Art 52

Art Inventor Patent Intellectual Property 52

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. Bilenko examines a prototype of Dr. Brainlove, an interactive art car modeled on scans of her own brain. June 24, 2022. KCPullen@doc.gov. Fri, 06/24/2022 - 11:44. This month, the U.S.

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Inventor Intellectual Property Art Designs 72

JD Supra Law

JULY 7, 2023

This blog post addresses how to overcome an anticipation or obviousness rejection where an inventor is the author or otherwise the source of subject matter in the publication cited as prior art. An invention is not patentable if it was described in, or obvious in view of, an earlier printed publication. See 35 U.S.C. By: Mintz

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Art Inventor Invention Blogging 52

Velocity of Content

MARCH 16, 2022

This is why an unadorned set of directions, such as stripped-down basic instructions in a baking recipe, does not qualify, but “Mastering the Art of French Cooking” by Julia Child (a book that contains much more expressive text, which served to make it a bestseller) does. The post Can an AI be Properly Considered an Inventor?

Inventor 98

Inventor Editing Copyright Copyright Law 98

Intellectual Property Law Blog

AUGUST 2, 2023

Background Mylan petitioned for inter partes review of Sanofi-Aventis’ ‘614 patent, alleging that the challenged claims were obvious based on a combination of three prior art references: Venezia, Burren, and de Gennes. Specifically, the Board found that de Gennes constituted analogous art to the ’614 patent.

Art 130

Art Inventor Patent 130

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

Inventor 65

Inventor Invention Intellectual Property Branding 65

LexBlog IP

JANUARY 25, 2022

Free Online Tools and Resources for Inventors. As an inventor, you know that protecting your invention is vital to its success. In this blog post, we will discuss several free online tools and resources that every inventor should know about. PATENT SEARCH TOOLS. Google Patents. Link: patents.google.com.

Inventor 52

Inventor Intellectual Property Invention Patent Application 52

Patently-O

SEPTEMBER 11, 2023

by Dennis Crouch The Federal Circuit recently issued an important decision regarding the analogous art doctrine in Netflix v. The Patent Trial and Appeal Board’s sided with the patentee, holding that a key prior art reference was not analogous art. 22-1138, — F.4th 4th — (Fed.

Art 54

Art Invention Patent Drafting Patent 54

LexBlog IP

AUGUST 11, 2022

But can an AI system be a named inventor on a patent? 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. Alternatively, if the Patent Act requires inventor(s) must be human, are AI-created inventions not patentable at all under the current statute?

Inventor 52

Inventor Invention Patent Application Patent 52

IP Watchdog

APRIL 8, 2024

RE47,494 E is owned by inventor Frank Amidio Catalano and covers “a device to prevent corrosion [in motor vehicle radiators] caused by electrolysis.” Mahle Behr requested IPR of the patent, arguing that a prior art reference called Godefroy anticipates and renders obvious certain claims.

Patent 105

Patent Inventor Art Trademark 105

LexBlog IP

JUNE 30, 2023

Sanofi countered that this particular fixation problem was identified in one of the other prior art references, not by the challenged patent. Mylan responded the problems identified in the prior art and those identified in the challenged patent were themselves analogous.

Art 52

Art Invention Inventor Patent 52

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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Art Patent Invention Patent Application 52

Patently-O

MARCH 12, 2022

I recently posted a chart showing that there is a significant difference in technology focus of patents tied to US-Inventors as compared with Non-US-inventors. Applications from US Inventors were significantly more likely to be rejected on eligibility than non-US Inventors (15% vs 10%). US Inventors.

Inventor 139

Inventor Art Invention Business 139

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.

Art 52

Art Copyright Artistic Work Public Domain 52

Intellectual Property Law Blog

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. But the rise of generative AI is changing how we invent: it is becoming increasingly prevalent that inventions are now generated in a collaboration between human inventors and AI systems that together develop novel solutions to problems. 101 and 115.

Invention 130

Invention Inventor Patent Application Patent 130

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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Graphic Design Technology Art Intellectual Property 82

JIPEL Copyright Blog

NOVEMBER 12, 2021

As a result, patent offices and courts all over the world must now consider whether AI can be a patent inventor. patent law, “the term ‘inventor’ means the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention. This analysis begins with examination of the U.S.

Inventor 45

Inventor Patent Invention Patent Law 45

LexBlog IP

MARCH 10, 2022

The United States Copyright Office has refused to register a copyright for a work of art created by a machine. The work of art is a two-dimensional picture that is mostly dark and sort of looks like a painting. First, Mr. Thaler had no input into the work of art. Thaler filed a second request for reconsideration.

Art 52

Art Copyright Copyright Law Registration 52