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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Intellectual Property Law Blog

APRIL 12, 2023

April 19, 2023 – Literary Works, Including Software Listening Session May 2, 2023 – Visual Arts Listening Session May 17, 2023 – Audiovisual Works Listening Session May 31, 2023 – Music and Sound Recordings Listening Session The U.S. Patent Office also has undertaken an AI initiative. Check back for more updates.

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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 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated.

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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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Intellectual Property Law Blog

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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Intellectual Property Law Blog

JANUARY 22, 2024

6,529,561 (“the ’561 patent”) in an inter partes review. The Patent Trial and Appeal Board’s final written decision found claims 1-3 and 9 unpatentable, but upheld the patentability of claims 4-8 and 10. 2023) , Sierra Wireless challenged claims 1-10 of Sisvel’s U.S. g2) corresponds to a ‘second puncturing pattern.’”

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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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The IPKat

AUGUST 4, 2023

However, the decision of the EBA in G 2/21 , and how it is eventually interpreted by the Boards of Appeal, may effect patents in any technical field in which experimental evidence is required. AI Kat A critical question in European patent law is therefore the evidence and disclosure requirement for a purported technical effect.

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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

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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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

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

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

APRIL 4, 2023

Interesting Patents | Electronic arts | Tuesday, april 4, 2023 @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642d359f1082a5020{display: important;}} The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

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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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The IPKat

OCTOBER 2, 2023

The problem solution approach to inventive step employed by the EPO relies on identification of the "closest prior art" with respect to the claimed invention. In such cases, the embodiment representing the "closest prior art" may be obscure and not known to the inventors at the filing date.

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SpicyIP

FEBRUARY 10, 2024

The findings of this short judgement have possible significant implications on the jurisprudence regarding 3(k) and business methods in the Patent Act. The Controller of Patents and Designs in July which had rejected a patent application for being primarily a claim to business method. extracted in Para 5 of judgement).

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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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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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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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Patently-O

APRIL 17, 2024

The following are a few of the articles that I’ve been delving into this past week: James Hicks, Do Patents Drive Investment in Software? , John Howells, Ron D Katznelson, Freedom to Operate analysis as competitive necessity—the Selden automobile patent case revisited , Journal of Intellectual Property Law & Practice (2024).

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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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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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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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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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Patently-O

APRIL 21, 2024

Datzov, The Role of Patent (In)Eligibility in Promoting Artificial Intelligence Innovation , 92 UMKC L. AI Visualize had asserted four related patents that facilitated use of a low-bandwidth web portal for visualizing 3D/4D medical scans. Patent Nos. Patent Nos. .” Nikola L. 1, 4 (2023). AI Visualize, Inc.

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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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Patently-O

AUGUST 9, 2021

Rain’s asserted claims require a “ user identification module configured to control access of … software application packages.” The idea here is that the Federal Circuit should have asked the broader question — would someone of skill in the art have reasonable certainty as to the claim scope? 112, para.

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Patently-O

DECEMBER 5, 2021

Crunch recently filed a utility patent application (February 2021) with the USPTO seeking to patent the following two claims: 1. Crunch admits that all of the elements of his invention were individually available in the prior art. However, he has not seen any prior art that combines everything together in this particular way.

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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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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

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”. However, the underlying argument from the Controller’s office pertained to the aspects of software and hardware. More so, the requirement of novel hardware was negated due to lack of basis in law.

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The IP Law Blog

SEPTEMBER 16, 2022

Pursuant to 35 U.S.C § 101, “whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.”

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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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Confidentiality Invention Business Artistic Work 52

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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The IPKat

AUGUST 1, 2022

There is an international requirement for the DNA, RNA and protein sequences disclosed in a patent application to be provided in a sequence listing. Sequence listings are used by patent offices to search the prior art for the listed sequences. 26, and the introduction of the new WIPO software for preparing ST.26

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LexBlog IP

NOVEMBER 15, 2021

can be supported by expert testimony opining on the knowledge that one of ordinary skill in the art would have held based on the disclosure for the patent specification. *. In an earlier article, we compared the sufficiency of disclosure for Artificial Intelligence (AI) patents in the U.S. and the European Patent Office (EPO).

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