Intellectual Property Law Blog

DECEMBER 15, 2023

Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents. 10,149,820 (the “’820 patent”), which is directed to compositions and methods for treating pterygium.

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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. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications. Stephen Thaler and Prof.

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IP Watchdog

DECEMBER 6, 2021

While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos. patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application.

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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.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. Read the full article on Managing IP. Inventorship in the US is a critical component of patent ownership.

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The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

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The IPKat

DECEMBER 20, 2023

Striking the middle ground between satisfying the strict basis requirement in Europe and avoiding patent profanity in the US, renders the decision of when to file a patent application all the more critical. The selected subject matter could not therefore be said to have basis in the application as filed. 3d 1241 (Fed.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Read the full article on I ntellectual Property Magazine. The lithium-ion battery, introduced commercially in 1991, has expanded far beyond the consumer electronics industry, sparking a gold rush of research aimed at producing lower-cost, higher-performance batteries that can be used in a wider range of applications.

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The IPKat

OCTOBER 30, 2023

The case thus reaffirms the need for careful drafting of international patent applications in order to circumvent, as much as possible, the potential for invalidity due to the strict added matter standard in Europe and the UK. Final thoughts: Added matter versus patent profanity? PM argued that the amendment added matter.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Patent Prosecution, Portfolio, and Strategic Patenting Considerations.

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LexBlog IP

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. The design must be a design for a specific article; it cannot exist independently of the article.

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The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. The design must be a design for a specific article; it cannot exist independently of the article. 35 USC section 171.

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Patently-O

FEBRUARY 26, 2023

And when an invention is in use by a member of the public (rather than the inventor), it is blackletter law that the use can be “public use” even if it takes place entirely in secret, behind closed doors. In addition, it is also blackletter law that the use need not enable the invention to constitute prior art.

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TraskBritt Intellectual Property

MARCH 30, 2021

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” The Tesla laser patent application also considers using the technology to clean debris from photovoltaic solar panels. Steps to Obtain a Patent.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

patent applications have mimicked the larger investment in AI technologies, AI-related IP disputes have lagged behind consumer adoption. Even at the Patent Trial and Appeal Board (PTAB) – one of the busiest forums for IP disputes – very few cases directly involve AI technologies. Read the full article on Bloomberg Law.

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Patently-O

JANUARY 16, 2022

David Phelan: Apple Accidentally Reveals iPhone Breakthrough Feature In New Patent Application (Source: Forbes). Commentary and Journal Articles: Prof. Swanson: Inventing While a Black Woman: Passing and the Patent Archive (Source: SSRN). Fellows and Associates – Patent Attorney (Chemistry). Source: USPTO.

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IP Watchdog

APRIL 20, 2022

Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor. The application was filed on October 17, 2019, and is titled “Food Container”. It named the applicant as Stephen L.

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IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 20, 2022

discuss recent post-grant developments at the United States Patent and Trademark Office (USPTO). The article examines the USPTO’s updated guidance regarding Fintiv , the Director review process, applicant admitted prior art, proposed legislation, and more. Read the full article at Westlaw Today. PDF copy available.

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SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. Article 13.2 Similar language is incorporated in Article 13.3 of the EFTA-India FTA.

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SpicyIP

JULY 25, 2023

Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Section 3 of the Patents Act, 1970 is the key section on “patent eligibility” and lists out what are not “inventions”. For mRNA, sections 3(c), 3(d), 3(i) and 3(j) are of relevance.

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LexBlog IP

DECEMBER 15, 2023

Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents. 10,149,820 (the “’820 patent”), which is directed to compositions and methods for treating pterygium.

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The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. Whether in speeches, conferences, or articles, no subject engendered more IP conversation. If there was a rock-star matter in the patent world, it was the debate over trolls. Start with the sheer volume of patent applications.

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IP Watchdog

SEPTEMBER 23, 2022

The written description requirement is really the backbone of the quid pro quo between the public and the patent applicant. In exchange for information about an invention, society is willing to grant the applicant a patent, which conveys exclusive rights for a limited period of time to what is claimed, not described.

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IP Watchdog

SEPTEMBER 7, 2021

Dr. Stephen Thaler (DABUS’s creator and owner) filed patent applications on these inventions that were filed around the world, listing Thaler as the applicant and listing only DABUS as the inventor.

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The IPKat

JANUARY 21, 2024

Amending the description and claim-like clauses The EPO Guidelines for Examination currently require that, when adapting the description, an applicant must either delete subject matter not covered by the claims or explicitly state in the description that such subject matter is not part of the invention ( F-IV, 4.3 ).

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IP Watchdog

JANUARY 21, 2024

As reported on IPWatchdog, the UK Supreme court recently ruled that a trained neural network (an Artificial Intelligence known as DABUS) could not be listed as the inventor on two patent applications filed by Dr. Stephen Thaler at the UK Intellectual Property Office (UKIPO).

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Intepat

FEBRUARY 13, 2021

One of the most common reasons an invention is rejected from being protected is the existence of prior art, or that the said invention is not novel and has already been, in fact, for some time now. This, in turn, will help you create a stronger patent claim and reduce the number of amendments you might have to make at later stages.

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The IPKat

JANUARY 12, 2024

At the close of 2023, the Supreme Court of the United Kingdom handed down its eagerly awaited and widely publicized judgment in Thaler v Comptroller-General confirming that a patent application may not name an AI machine as an inventor. Attendance is free for members and new applicants for membership.

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IP Watchdog

OCTOBER 12, 2021

Companies, universities, and inventors world-wide noted the importance of AI and began seeking to patent various aspects of AI technology. Until 2018, these patent applications identified a human inventor who invented a particular aspect of the AI technology.

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LexBlog IP

NOVEMBER 1, 2021

PatentNext Summary: In order to prepare applications for filing in multiple jurisdictions, practitioners should be cognizant of claiming styles in the various jurisdictions that they expect to file AI-related patent applications in and draft claims accordingly. In this article, we will compare two applications, one in the U.S.

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IP Intelligence

MARCH 7, 2022

Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the description.”[i] which interprets the requirements of EPC Article 84. litigation.

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The IPKat

DECEMBER 28, 2021

2021 saw key decisions on claim supremacy, types of antibody claims, the data threshold for second medical use inventions and the AI inventor debate. ?? To comply with this, it used to be standard practice to merely replace "invention" with "disclosure" or similar thorough-out the description.

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LexBlog IP

JANUARY 25, 2023

to discuss an article she recently co-authored, “Biological patent thickets and delayed access to biosimilars, an American problem.” ” [1] The article, published in the Journal of Law and the Biosciences, examines whether patent thickets covering biological drugs are responsible for delayed biosimilar market entry.

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SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period.

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LexBlog IP

SEPTEMBER 9, 2021

PatentNext Summary: In some instances, software-based patent applications can fail to include a sufficient algorithm describing “how” the software interacts with the underlying hardware of the invention. Therefore, as a general rule, software-related patents should include an algorithm. . §

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