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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Invention Art Patent Designs 57

LexBlog IP

MARCH 11, 2024

Publish guidance to USPTO patent examiners and applicants addressing inventorship and the use of AI, including generative AI, in the inventive process and how inventorship issues ought to be analyzed; 2. 2] The guidance provides that AI-assisted inventions are not categorically unpatentable.

Invention 52

Invention Inventor Intellectual Property Patent 52

The IPKat

SEPTEMBER 15, 2022

Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. The common denominator is the use of changes to the IP law as a political instrument towards states taking “unfriendly” actions against Russia.

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IP Branding Brands Branding 132

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.

Invention 52

Invention Patent Intellectual Property IP 52

IP Watchdog

OCTOBER 22, 2023

In Part I of this article, I recalled the early years of the U.S. In this second half, I recount how the America Invents Act (AIA) has fundamentally shifted the power in patent enforcement and policy. Court of Appeals for the Federal Circuit, when the court was working well, and how it all went wrong.

Invention 119

Invention IP Patent Government 119

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Read the full article on Managing IP. For example, companies pursuing patent protection in both the US and the EU should keep in mind a few key differences between these two jurisdictions to avoid losing valuable IP rights. PDF copy available. Inventorship. Inventorship in the US is a critical component of patent ownership.

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Patent Prosecution Invention Inventor Patent 75

IP Watchdog

APRIL 25, 2023

While many speakers cautioned against moving too quickly to change the rules for AI-generated inventions, others warned that doing nothing could result in chaos for the USPTO and grave economic and innovation losses for the country.

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Invention Trademark Patent Inventor 130

Intepat

APRIL 19, 2023

INTRODUCTION As technology continues to evolve at an unprecedented pace, Computer-Related Inventions (CRIs) have become a crucial component of modern innovation. The Patents Act, 1970, provides for the protection of CRIs, but there has been significant debate over the years regarding the patentability of such inventions in India.

Invention 52

Invention Intellectual Property Patent Copyright 52

IP Watchdog

JANUARY 18, 2023

The House of Representatives’ Judiciary Committee—Subcommittee on the Courts, Intellectual Property and the Internet (IP Subcommittee) writes patent law and is responsible for other patent-related initiatives. In a free-market economy, patent laws can boost or destroy incentives to invent and commercialize new things.

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IP Intellectual Property Patent Law Invention 128

IPilogue

JUNE 9, 2022

Jenny Peng is an IP Innovation Clinic Fellow and a 2L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s Directed Reading: IP Innovation Program course.

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IP Intellectual Property Government Invention 117

IP and Legal Filings

AUGUST 27, 2022

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. The office primarily considers the designs for computer-generated icons embodied in articles of manufacture as statutorily eligible for attaining a patent.

Design Patent 52

Design Patent Designs Design Technology 52

IP Watchdog

SEPTEMBER 5, 2023

Titled the Patent Eligibility Restoration Act (PERA), the legislation would overturn Supreme Court and Federal Circuit decisions that scrambled settled law, excluding many worthy classes of inventions, such as medical diagnostic methods and advanced computer applications.

Invention 73

Invention Inventor Patent Law 73

IP Watchdog

SEPTEMBER 29, 2021

The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu.

Invention 145

Invention Patent Inventor Government 145

IPilogue

MARCH 29, 2022

This article is part of a series covering the 5th Annual IP Data & Research Conference, hosted by the Canadian Intellectual Property Office and the Centre for International Governance Innovation. Trends and Challenges in Canada’s IP Ownership and a Collective’s Role in Addressing these Challenges.

Technology 122

Technology IP Intellectual Property Ownership 122

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.

IP 139

IP Invention Art Business 139

IAM Magazine

OCTOBER 20, 2021

In the second and final part of this article, which focuses on a pharmaceutical invention claim for ibuprofen, we examine what the court looked for in its assessment and suggest that this may signal a new dawn for those wishing to protect their inventions in the pharmaceutical sector.

Invention 52

Invention Inventor IP Reporting 52

IP Watchdog

APRIL 18, 2023

The Council for Innovation Promotion (C4IP) on Monday held a webinar featuring some big names in the IP world to clear up what the organization characterizes as misguided views on the use of Title 28 of the U.S. patented invention. Code, Section 1498(a). The event was prompted in part by a recent U.S. s COVID-19 vaccine.

Patent Infringement 127

Patent Infringement IP Government Patent 127

IPilogue

JULY 7, 2021

While an employer may have invested significant resources to facilitate the production of an invention and wish to capitalize on their investment, their employee also likely devoted significant time and energy into developing the invention and may feel entitled to benefit from its associated IP. Private Sector Employees.

Invention 59

Invention Ownership Patent Intellectual Property 59

Patently-O

AUGUST 4, 2021

Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Like the ‘conception’ test in American patent law – the object of the test is to determine the identity of the ‘devisor’ of the invention. Dr. Christian E.

Invention 127

Invention Patent Inventor Intellectual Property 127

SpicyIP

AUGUST 27, 2021

Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14 th , 2021 we announced the 2 nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad ‘s 45 th birth anniversary. And encouraged participants to draw inspiration from Shamnad’s scholarship.

Law 137

Law IP Editing Intellectual Property 137

IP Watchdog

OCTOBER 23, 2021

There’s hardly any area in entrepreneurship today that deals with innovation more than intellectual property rights protection – in fact, cutting edge technology and inventions are at the core of the IP industry.

Technology 132

Technology IP Intellectual Property Invention 132

IP Watchdog

SEPTEMBER 13, 2023

2023 FCA 168], a 3-0 decision, recently set aside the test on subject matter eligibility of computer-implemented inventions laid down by the Federal Court [2022 FC 923] last year. Benjamin Moore & Co.

Invention 62

Invention Patent Litigation Technology 62

JD Supra Law

JANUARY 6, 2022

The consultation is seeking evidence and views on the extent to which patents and copyright should protect inventions and creative works made by AI, and also measures to make it easier to use copyright protected material in AI development, to support innovation and research. In this article we take a look at the. By: Hogan Lovells

Intellectual Property 145

Intellectual Property Invention IP Copyright 145

The IPKat

MARCH 24, 2024

Here’s what Hans writes: Horological IP and the customization of watches by Hans Eriksson The world of high-end watchmaking is a good case study for the importance of intellectual property (IP) rights. A recent trend in this field is the customization or personalization of luxury timepieces, or “modding”.

IP 70

IP Marketing Marketing Reporting 70

IP Watchdog

JANUARY 1, 2022

It's New Year's Day 2022, and as we do each year at this time, we asked our readers to weigh in on their “wildest dreams” for IP in the upcoming year (though I tend to agree with one commenter below who said, “I don’t dream about IP…if you do, seek immediate professional help.”)

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IP Invention Patent 135

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

As the battery and electric vehicle (EV) industries continue to grow, in tandem the IP world is experiencing an increase in battery patenting activity. Fish principals Hyun Jin (HJ) In, Ph.D. , Ralph Phillips , and Daniel Tishman explore these growing industries and offer considerations for companies protecting and defending their IP.

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Intellectual Property Technology Journalism IP 52

IP Watchdog

MAY 14, 2024

Patent and Trademark Office’s (USPTO) recent Request for Comments (RFC) on the impact of artificial intelligence (AI) highlights a critical juncture in intellectual property law—evaluating the impact of generative AI (GenAI) on the non-obviousness standard.

Intellectual Property Law 62

Intellectual Property Law Invention Intellectual Property Technology 62

The IPKat

JANUARY 27, 2023

In the case before it, however, the court ruled that the terms of the contract between the student and the university regarding the transfer of IP rights were not unfair and thus did not run afoul of the UTCCR. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.

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Inventor IP Contracts Invention 98

IP Watchdog

JULY 15, 2022

Clearing the air on labyrinthine subject-matter eligibility standards for computer-implemented inventions (CIIs), a Canadian Federal Court last month revisited the issue in Benjamin Moore & Co. Attorney General of Canada, 2022 FC 923.

Invention 62

Invention Intellectual Property Patent Application Patent Law 62

IP and Legal Filings

MAY 15, 2024

It serves the purpose of having Intellectual Property Rights in existence that is to give legal rights for the protection of the invention and creation. The IP Owner and the third party are the licensor and the licensee respectively. The IP Owner and the third party are the licensor and the licensee respectively.

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Licensing Intellectual Property Ownership IP 76

IP Watchdog

SEPTEMBER 16, 2021

When the America Invents Act (AIA) was before Congress a decade ago, it was heralded as the first comprehensive patent law since the 1952 Act. Ten years’ perspective on the new law, however, shows that its changes to patent policy have been more evolution rather than revolution. The AIA is simply the latest step in the long arc of moving U.S.

Invention 122

Invention Patent Patent Law Law 122

Kashishipr

MARCH 16, 2022

The term ‘ Intellectual Property (IP) ‘ is like the term ‘Organic’ to some extent, i.e., people across the globe possess some knowledge as to what it means but aren’t crystal clear on its specific details. In the same way round, IP puts a virtual fence around the property or assets that it safeguards.

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IP Invention Intellectual Property Registering Trademarks 98

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. The decisions in the second category, i.e., Top 10 IP Cases/Judgements (Jurisprudence/Legal Lucidity) reflect those that we thought showed a fair bit of jurisprudential rigour and/or legal lucidity. Nataraj, Ms.

IP 124

IP Copyright Trademark Intellectual Property 124

IP Watchdog

APRIL 4, 2024

Using artificial intelligence (AI) while at the University of Washington, Dr. Nelson automated and vastly improved how early and accurately cervical cancer is identified — he and his team invented a machine to read Pap smears.

Reporting 70

Reporting Intellectual Property Inventor IP 70

IPilogue

JANUARY 10, 2022

This article was written in affiliation with Madelaine’s placement at ventureLAB and published December 17, 2021, as part of ventureLAB’s IP Deep Dive Series. As a founder, once you’ve determined what types of Intellectual Property (IP) you need to protect, it’s important to understand the details and requirements of each.

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Invention Patent Intellectual Property IP 104

JD Supra Law

APRIL 25, 2023

Their session, “Protecting Your Company’s IP in China: Manufacturers, Suppliers, and Competitors and the Pitfalls to Avoid”, covered how to avoid or mitigate issues that arise when competitors, manufacturers, opportunists, or even JV partners file patents on your company’s inventions. Please see full article below for more information.

IP 52

IP Invention Patent 52

LexBlog IP

MARCH 10, 2023

Do You Need Multiple Patents for a Single, Multi-Use Invention? If your invention has multiple innovations or components, you may be wondering whether to file separate patent applications for each innovation or file one application for the entire invention. Does the single invention have different uses?

Invention 52

Invention Patent Application Patent Licensing 52