Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.”

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Invention Art Patent Designs 57

Patently-O

AUGUST 22, 2022

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

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Patent Law Law Patent Invention 90

SpicyIP

NOVEMBER 8, 2023

Since living cells and products of nature are often involved in these inventions, clarity regarding patent eligibility is becoming more important. The discovery, development and patenting of biologics has been historically tied to the ‘product of nature’ question under patent law. CLS Bank Int’l. Kibow Biotech Inc.,

Invention 69

Invention Patent Art Patent Law 69

Patently-O

MARCH 11, 2022

DABUS created two separate inventions — a “Neural Flame” and “Fractal Container.” Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind. Thaler – Apper Amicus (Against Patenting by AI).

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Inventor Patent Law Law Patent 126

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.

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Patent Law Law Patent Art 73

LexBlog IP

APRIL 5, 2023

Navigating Korean Patent Law Changes: Accelerated Examination, PTEs, and Court Decisions @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: Maximizing Patent Term Extension(PTEs) Korea’s patent term extension (PTE) is flexible in enabling the potential for multiple extensions.

Patent Law 52

Patent Law Law Intellectual Property Patent 52

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., 2020-1940 (Oct.

Design Patent 52

Design Patent Designs Design Patent Law 52

SpicyIP

MARCH 7, 2023

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k).

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Designs Design Patent Invention 117

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? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed.

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Patent Law Law Inventor Patent 94

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. What is patent? Who can file a patent application?

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Patent Inventor Invention Intellectual Property 92

Patently-O

DECEMBER 5, 2021

These already exist, but Crunch has designed a new model that includes a handle (for stability) and also a touchscreen control that can be used to stream audio/video instructions. Crunch recently filed a utility patent application (February 2021) with the USPTO seeking to patent the following two claims: 1. Question 2. (80

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Patent Law Law Patent Art 111

The IP Law Blog

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. 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? Patent Appl. Thaler, assignee, filed U.S. 16/524,350 (“the ’350 Appl.”)

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Inventor Invention Patent Patent Application 96

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.

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Designs Design Intellectual Property Licensing 117

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). An important change brought about by the Regulations that may affect every PRC patent practitioner is the abandonment of the 15-day postal rule. Another area that sees substantial changes is the design system.

Patent 52

Patent Invention Patent Law Designs 52

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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False Advertising Advertising Advertising Patent 113

Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,

Patent Law 95

Patent Law Law Patent Litigation 95

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.

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Invention Intellectual Property Patent Copyright 52

Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

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Design Patent Designs Design Patent 60

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.

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Design Patent Designs Design Patent 52

JD Supra Law

AUGUST 29, 2022

According to this provision, for service inventions, after the patent rights are granted and the. By: Linda Liu & Partners

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Inventor Invention Patent Designs 52

The IPKat

AUGUST 11, 2023

PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. Sceptical Kat Has DABUS invented?

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Inventor Invention Law Ownership 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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Invention Patent Intellectual Property IP 52

TraskBritt Intellectual Property

MAY 18, 2021

Intellectual property is generally separated into different categories including patents , copyrights , trademarks , and trade secrets. patent law further divides patents into three different types: utility, design, and plant patents. Utility patents. Design patents.

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Designs Design Design Patent Patent 52

IPilogue

JUNE 2, 2022

Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor.

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Invention Ownership Intellectual Property Inventor 111

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.

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Designs Design Patent Patent Infringement 98

Patent Trademark Blog

JANUARY 5, 2022

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and design patent applications. Be careful though.

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Design Patent Designs Design Patent Application 40

The IPKat

AUGUST 24, 2022

This Alicante-based Kat has been enjoying her sea view with a good book in paws: “ Once upon a time, the patent ” by Pascal Attali (2022, 304 p.). The first part of the book is devoted to the history of patent law. This gradually evolves in the Venetian Patent Statute from 1474, deemed as the first known patent legislation.

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Patent Patent Law Invention IP 123

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it.

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Intellectual Property Designs Design Invention 98

Patently-O

MAY 6, 2024

by Dennis Crouch This may be a useful case for patent prosecutors to cite to the USPTO because it creates a strong dividing line for the printed matter doctrine — applying the doctrine only to cases where the claims recite the communicative content of information. Kevin Emerson Collins, Patent Law’s Authorship Screen , 84 U.

Patent 62

Patent Invention Designs Design 62

SpicyIP

AUGUST 1, 2021

In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Flexibility in Procedure or Bending Over Backwards for Higher Patent Filing? The recommendations on making procedural norms of patent filing less stringent are noteworthy.

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Reporting Patent Law Patent Application Patent 136

Patently-O

APRIL 24, 2023

Vidal , a case involving inventor Dr. Stephen Thaler’s attempt to patent an invention created by his artificial intelligence (AI) system, DABUS. Thaler argued that DABUS, not himself or any other human, conceived the invention and identified its significance.

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Inventor Patent Invention Patent Application 87

LexBlog IP

FEBRUARY 15, 2024

Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

Inventor 52

Inventor Patent Invention Patent Application 52

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.

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Inventor Invention Patent Designs 52

Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. Why file a patent before publicly disclosing your invention?

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Patent Application Patent Invention Inventor 52

Patently-O

JANUARY 17, 2022

The Deepsouth case was about patented equipment for deveining shrimp in order to render them “more pleasing to the fastidious as well as more palatable.” patent law. patents are territorially limited. We know that U.S. patents are territorially limited. Patent Law Amendments Act of 1984, Pub.

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Patent Invention Litigation Patent Law 120

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. This isn’t limited to logo design. AI isn’t perfect.

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Designs Design Trademark Copyright 52

LexBlog IP

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. 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? Patent Appl. Thaler, assignee, filed U.S. 16/524,350 (“the ’350 Appl.”)

Inventor 52

Inventor Invention Patent Application Patent 52