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A Relook at Business Methods in light of Madras High Court’s Decision in Priya Randolph v. Deputy Controller 

SpicyIP

Deputy Controller , Madras High court rejected the contention that the subject invention was excluded for being business method. The findings of this short judgement have possible significant implications on the jurisprudence regarding 3(k) and business methods in the Patent Act. 3(k) of the Patent Act and thereby excluded.

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Building High-Quality Patent Portfolios in the United States and Europe: Part II – Software Patents

IP Watchdog

In Part I of this series, we discussed how patent portfolio managers should be careful when generating company-owned prior art or reviewing competitor prior art, and how a patent litigation or licensing campaign can be significantly hamstrung based on how the United States and Europe consider intervening prior art.

Patent 96
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The IPKat EPO Boards of Appeal Year in Review 2022

The IPKat

As a busy year comes, take the time to settle down with your favourite feline friend, a mince pie and the annual IPKat EPO Boards of Appeal roundup. IPKat has also sifted through the 100s of Boards of Appeal decisions published in 2022, to bring you the most eye-catching and relevant to ongoing EPO practice.

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SMEs, Universities and Research Organisations Most Disadvantaged by Lack of a Patent Filing Grace Period, says EPO Study

LexBlog IP

Over the past two decades or so, the number of major jurisdictions offering some form of general ‘grace period’ for filing of patent applications has grown significantly. This has largely been driven by bilateral agreements (e.g. and European universities at 12.1%.

Patent 52
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The IPKat EPO Boards of Appeal (BA) Year in Review 2021

The IPKat

Following on from our IPKat EBA 2021 Year in Review , here is some more festive holiday reading on some of the important decisions to come out of the EPO Boards of Appeal this year. As the year draws to the close, the EPO has announced the Legal Boards of Appeal decision on whether an AI can be named as an inventor (J 8/20 and J 9/20).

Inventor 123
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“The Reasonable Robot” tackles AI’s impact on the economy, intellectual property rights, and more

IPilogue

To illustrate, consider how the law taxes activity by a person and a machine differently. As a result, if the person and the AI cost about the same and generate a similar level of productivity (often a complex, or at least not a 1:1, comparison), businesses will be incentivized to automate to save on taxes.

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No "German injunction gap" expedition in Abbott v Dexcom global diabetes battle, as Mr Justice Mellor expresses "some regret"

The IPKat

The second of these decisions, Abbott v Dexcom [2021] EWHC 2246 , concerned Abbott's latest application to expedite a patent trial revoking four of Dexcom's patents. Mr Justice Mellor dismissed the application " with some regret ". The injunction gap arises in Germany because infringement is decided before and separately to validity.