Patently-O

JUNE 30, 2023

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patent law decisions are typically written. The case under scrutiny is LKQ Corp. GM Global Tech , 21-2348 (Fed. Teleflex Inc., 2d 388 (CCPA 1982), and Durling v.

Design Patent 63

Design Patent Designs Design Patent 63

Patently-O

JULY 6, 2023

As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the design patent case of LKQ v. Tl;dr: The primary reference requirement is good but the Federal Circuit has applied it too strictly.) It refers only to the statutory “provisions.” They are fundamentally different types of patents.

Design Patent 52

Design Patent Designs Design Patent 52

The IP Law Blog

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. Instead of a last name, Thaler stated “the invention [was] generated by artificial intelligence.”.

Inventor 96

Inventor Invention Patent Patent Application 96

Patently-O

JUNE 28, 2022

The following year, Congress passed the first patent act that was then signed-into law by President George Washington. The new law eliminated the female pronoun “she.” Although the records are unclear, I have not seen any indication that any of the patents issued 1790-1793 were awarded to women inventors.

Patent Law 134

Patent Law Law Inventor Patent 134

LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. SurgiSil design – “Limp Implant”. Therefore, since the applied prior art reference discloses a design for an art tool—i.e., 3d 1334 (Fed.

Design Patent 52

Design Patent Designs Design Patent Law 52

The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. This is referred to as a proposed new ‘patent disclosure requirement’. plants, animals, and microorganisms), and knowledge systems.

Designs 117

Designs Design Intellectual Property Licensing 117

43(B)log

FEBRUARY 3, 2024

Also no reference to cannabis, THC, or CBD. Christine Haight Farley: connecting to Katyal’s paper: “Indian man” design code. There is a design code for marijuana leaves; you just can’t get a cannabis ID. Christine Haight Farley, Design Authenticity Book project, still shaping up. but helpful to research.

Designs 59

Designs Design Law Design Patent 59

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. Raytheon Techs.

Patent Law 95

Patent Law Law Inventor Patent 95

Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Mangrove Partners Master Fund, No.

Patent Law 74

Patent Law Law Patent Art 74

Patently-O

DECEMBER 20, 2023

Comptroller-General of Patents, Designs and Trade Marks , [2023] UKSC 49. In a December 20, 2023 decision, the UK Supreme Court has agreed with American courts that an inventive machine is not deserving of patent rights. Louis seeking to patent a thermal-mug designed by an artificial intelligence machine that he created.

Invention 63

Invention Inventor Patent Ownership 63

LexBlog IP

FEBRUARY 14, 2023

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. What’s more common than the written word?

Design Patent 52

Design Patent Designs Design Patent 52

LexBlog IP

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. Instead of a last name, Thaler stated “the invention [was] generated by artificial intelligence.”.

Inventor 52

Inventor Invention Patent Application Patent 52

Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. An accused design does not have to exactly match the drawings. by Dennis Crouch.

Design Patent 81

Design Patent Art Designs Design 81

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. Still, seemingly qualify as prior art under 35 U.S.C.

Art 110

Art Invention Patent Application Publishing 110

The IP Law Blog

MARCH 9, 2023

Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. Plaintiff had argued that using the patented methods in the design process, which guides the subsequent manufacturing process, is sufficient to state a claim.

Designs 98

Designs Design Patent Patent Infringement 98

LexBlog IP

JULY 26, 2022

PatentNext Summary: The Legal Board of Appeal (the “Board”) of the European Patent Office (EPO) recently suggested that the owner of an artificial intelligence (AI) machine could possibly be listed as an inventor of an AI-generated Invention. ” J 8/20 (Designation of inventor/DABAS) at para.

Inventor 52

Inventor Invention Patent Designs 52

Patently-O

MARCH 28, 2024

The court’s ruling emphasizes that the mere existence of prior art elements is not sufficient to render a claimed invention obvious; rather, there must be a clear reason or rationale for a person of ordinary skill in the art to combine those elements in the claimed manner. In KSR Int’l Co. Teleflex Inc. ,

Art 58

Art Invention Patent Patent Law 58

SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

Invention 122

Invention Inventor IP Ownership 122

The IP Law Blog

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” Again, it depends. Under 35 U.S.C. §

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

Patently-O

JULY 22, 2021

Obviousness is the central doctrine of patent law. The majority sided with the patentee and reversed the IPR Board’s single-reference obviousness determination. The majority sided with the patentee and reversed the IPR Board’s single-reference obviousness determination. Kaulbach prior art patent.

Invention 126

Invention Art Marketing Marketing 126

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”. In the same stride, the Act puts down various situations in which such a technical advancement would not be considered an invention.

Invention 52

Invention Patent Technology Designs 52

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. The Court held that “origin” in the Lanham Act refers only to the source of the physical products sold in the marketplace, not to the creator of the underlying creative content.

False Advertising 114

False Advertising Advertising Advertising Patent 114

LexBlog IP

DECEMBER 21, 2023

This jolly invention lights up each branch individually, featuring a central bus wire nestled near the trunk, branching into 5 to 10 light circuits, each sporting 10 to 20 bulbs. 7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S. patent law.

Patent Drafting 52

Patent Drafting Patent Invention Inventor 52

Patently-O

FEBRUARY 5, 2024

by Dennis Crouch LKQ’s brief for today’s en banc rehearing begins with the following interesting statement: “As with utility patents, the U.S. Constitution and the Patent Act prohibit design patents on ordinary innovations.” The Constitution never sanctioned the patenting of gadgets.

Law 45

Law Public Domain Design Patent Invention 45

Patently-O

MAY 6, 2024

” The printed matter doctrine a unique and somewhat amorphous concept in patent law that straddles the line between patent eligibility under 35 U.S.C. § On the eligibility side, the doctrine serves as a screening tool to exclude claims that are directed solely to the content of information from patent protection.

Patent 63

Patent Invention Designs Design 63

Patently-O

OCTOBER 6, 2023

The case also upholds a single-reference obviousness holding, but I didn’t write about that portion of the decision. 6,529,561 based upon a single-reference obviousness determination (Chen; WO 99/26371), but sided with the patentee as to other claims. On appeal, the Federal Circuit affirmed these findings. 147 (1950).

Art 63

Art Invention Patent Patent Application 63

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). Conclusion.

Patent 52

Patent Invention Patent Application Government 52

LexBlog IP

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.”

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

Patently-O

FEBRUARY 13, 2024

The brief details the timeline of Sonos’s patent filings, innovations, and claim amendments, arguing these were done in good faith and within the bounds of patent law norms. I’ll reprint the introduction here: The district court has strong views about “the way the patent system should work.” Kingsdown Med.

Patent 98

Patent Patent Prosecution Patent Law Marketing 98

The IPKat

SEPTEMBER 28, 2021

Notably, compared to those of ‘The Outline’ (2008) (see page 3 of the WIPO lexdoc ), the five-year goals set by ‘The Outline’ (2021–2035) are much more concrete and specific, as shown in the list below: The criterion of ‘The number of high-value invention patents* per 10,000 population’ had its debut this year at the 14th Five-Year Plan (2021–2025.

Intellectual Property 76

Intellectual Property Invention Government Patent 76

IPilogue

SEPTEMBER 28, 2021

The two creators listed DABUS as the inventor on two applications for patents for the inventions of a light beacon and a food container. But such a non-human inventor can neither be an applicant for a patent nor a grantee of a patent.” This decision was a historic ruling in Australia.

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Technology Inventor Patent Patent Law 111

Patently-O

AUGUST 13, 2021

The 1836 Patent Act added the caveat that no patent should issue on an invention previously “described in any printed publication.” ” That language has carried through the various major patent law overhauls and continues as a prominent aspect of 35 U.S.C. 102(a)(1).

Confidentiality 91

Confidentiality Advertising Advertising Invention 91

IP and Legal Filings

MARCH 27, 2024

of violating their patents related to the development of “enhanced internal combustion engine technology”. Utilizing the invention or technology outlined in the patents owned by the plaintiffs; and 2.The The idea of presuming the validity of a patent. Motor Company Ltd.) In order to deter the defendants from: 1.Utilizing

Invention 66

Invention Patent Patent Infringement Technology 66

Biswajit Sarkar Copyright Blog

DECEMBER 10, 2022

For registering the patent, it is essential to file a patent application before the Office of the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion, under the Ministry of Commerce and Industry. Patent of Addition.

Patent Application 52

Patent Application Patent Invention Inventor 52

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.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

IP and Legal Filings

APRIL 18, 2023

The owner gets an exclusive right to use or sell for a specific time period as a legal right under the document which we refer throughout this paper as ‘patent’ The patent system is designed to encourage innovation by protecting the rights of inventors to their inventions. 3] In the case of V.B.

Inventor 52

Inventor Moral Rights Patent Invention 52

Patently-O

JANUARY 19, 2024

Ownership of Invention : By accepting employment with the Corporation, you hereby agree that all discoveries, designs, devices, and concepts developed by you in the course of and during your employment with the Corporation shall be the property of the Corporation. The quote above comes from the employment agreement. 3d 1284 (Fed.

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Inventor Ownership Contracts Intellectual Property 68