LexBlog IP

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115.

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Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. Importantly, the Federal Circuit suggests that the obviousness inquiry should begin with a primary reference whose whose “design characteristics … are basically the same as the claimed design” and that creates “basically the same visual impression.” Samsung (Fed.

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Design Patent Designs Design Patent 90

Patently-O

MARCH 26, 2024

Teva references the landmark Supreme Court case of Atlantic Works v. Brady for an improved dredge boat design. 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.

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LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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Design Patent Designs Design Patent 52

Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? A US design patent application must be filed within six months of your foreign priority date. What is the cost to file a US design patent application with a priority claim? any known prior art references material to patentability.

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Design Patent Designs Design Patent Application 98

IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] The Guidance strives to ensure balance between protecting and incentivizing AI-assisted inventions and not hindering future human innovation, as “the patent system is designed to encourage human ingenuity.” [2]

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Invention Inventor Patent Application Designs 52

The IP Law Blog

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system. Stephen L.

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SpicyIP

APRIL 30, 2024

By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness. The patent office issued a first examination report in June 2019, (7 years later!)

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Invention Art Designs Design 111

Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Federal Circuit’s 2023 Decision. Patent D657,093. Swisa, Inc. ,

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Design Patent Art Designs Design 68

The IPKat

NOVEMBER 13, 2023

In particular, in this divisional patent Regeneron had attempted to avoid a novelty attack by explicitly disclaiming embodiments of the invention from the claim. Legal background: Undisclosed disclaimers Patent claims generally define the essential features present in the claimed invention.

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Intellectual Property Law Blog

DECEMBER 14, 2023

the case addresses the weight the Patent Trial and Appeal Board (PTAB) should give to the intended purpose of a primary reference when evaluating a Person of Ordinary Skill in the Art’s (POSITA) motivation to combine that primary reference with secondary references. Teleflex Innovations S.A.R.L. , The opinion provides Fig.

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Designs Design Invention Patent 147

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

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. Operations LLC. [1]

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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. With the advances in AI technologies, AI systems create drugs, treatments, designs, and more. That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system. Stephen L.

Inventor 52

Inventor Invention Patent Application Patent 52

Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. Rather, the human must provide significant inventive contribution).

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Inventor Invention Patent Application Designs 119

Intellectual Property Law Blog

FEBRUARY 13, 2024

Did the Board err in finding that a POSITA would have had a motivation to combine the cited prior art references to Robinson and Greim? 2) The Board did not err in finding that a POSITA would have had a motivation to combine the cited prior art references to Robinson and Greim. citing In re Wertheim , 541 F.2d 2d 257, 264–65 (C.C.P.A.

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Art Invention Copying Designs 130

Biswajit Sarkar Copyright Blog

JULY 9, 2022

The term “design” has been defined in Section 2(d) of the Designs Act, 2000 as the features of shape, configuration, pattern, ornament or composition of lines or colours applied on an article that is either two or three dimensional or both. Criteria for design registration.

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IP and Legal Filings

MAY 10, 2024

If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. Further Trademarks Act, 1999 and Designs Act, 2000 allow licensing of trademarks and designs respectively. Before the knowledge or invention is transferred, the owner must make sure they own rights over it.

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The IP Law Blog

MARCH 9, 2023

Plaintiff had argued that using the patented methods in the design process, which guides the subsequent manufacturing process, is sufficient to state a claim. In other words, Defendant argued that alleging a method is used in the design of a product is distinct from alleging that the method is used in the manufacture of the product.

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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.

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Inventor Invention Patent Designs 52

LexBlog IP

APRIL 12, 2022

the Federal Circuit reversed the PTAB’s finding that Gamon’s design patents on gravity-fed displays for soup were non-obvious. Campbell comparison of solid-lined portion of claimed design to primary (Linz) reference. In Campbell Soup Co. Gamon Plus, Inc. , 4th 1268 (Fed. 19, 2021) (“ Gamon II ”).

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Design Patent Designs Design Patent 52

Patently-O

APRIL 30, 2024

References must be sufficiently accessible, clear, and enabling to serve as legitimate evidence of what was previously known. Many of us learned a mantra that “a prior art reference is only good for what it discloses” — but in our expanding world of deep fakes, intentional and otherwise, is face value still worth much?

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Art Invention Patent Application Publishing 110

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. You’ve Been Referred Here Because You’re Wrong About The First Amendment.” The prior part explained the most recent ruling, a devastating but not unexpected loss for hiQ. Don’t worry! You’re not alone.

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The IPKat

APRIL 2, 2024

The Board of Appeal held that the claimed invention was novel and involved an inventive step. The German courts have been referring to 'artistic freedom,' rather than following the terminology from the CJEU case law, which refers to the distinct concept of 'creative freedom.' We will await the judgment from the CJEU.

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Intellectual Property Social Media Invention Copyright 57

Patently-O

FEBRUARY 27, 2024

.” Before Graham and the 1952 Act, the courts had ground their obviousness analysis in the statutory requirement of “invention” and the Constitutional purpose to “promote the Progress.” The guidelines do not reference the US Constitution or any other Supreme Court cases besides Graham and KSR. .”

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Art Invention Patent Application Patent 121

SpicyIP

OCTOBER 20, 2023

Reengineering of the Requirement of Disclosure of Foreign Applications by the 2019 Patent Manual – on the requirement to disclose the corresponding foreign patent applications. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods.

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Patent Application Designs Design Invention 64

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. Active Mfg.

Design Patent 52

Design Patent Designs Design Patent Law 52

SpicyIP

OCTOBER 9, 2023

Image by pvproductions on Freepik A gentle reminder to our readers that the last day to submit comments for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines is just around the corner. As discussed earlier , CGPDTM has invited comments from the interested stakeholders by October 15, 2023.

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Patent Application Invention Designs Design 69

SpicyIP

MAY 14, 2024

The Controller General of Patents & Designs , clarified that a working example does not define the patent’s scope. The Controller General of Patents & Designs observed that though “ working examples are essential for demonstrating the feasibility and workability of an invention, they do not define the patent’s scope.”

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Invention Patent Application Patent Designs 59

Patent Trademark Blog

JANUARY 18, 2023

What makes an invention eligible for patent protection? Subject matter eligibility refers to whether an invention is qualified for patent protection. An invention must still overcome the hurdle of uniqueness which includes novelty and non-obviousness. 35 USC 101 – Inventions patentable. What is Section 101?

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Patent Application Invention Graphic Design Design Patent 98

IP Watchdog

DECEMBER 6, 2023

10, 2023), a key issue in inter partes reviews: how to establish a reference patent as prior art based on the filing date of an earlier-filed application, such as a provisional. 2015), do not apply for post-America Invents Act (AIA) patents. Rapidpulse, Inc., IPR2021-01466, Paper 34 (Mar. Nat’l Graphics, Inc., 3d 1375 (Fed.

Art 52

Art Patent Invention Designs 52

Patently-O

FEBRUARY 19, 2024

Vanda sued, but lost on obviousness grounds — with the court holding that the claimed combination was obvious because it was directed to a set of known elements and a person of ordinary skill would have a “reasonable expectation of success” in reaching the resulting invention. NAPP Amicus Brief. Greenwood , 52 U.S. (11

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Invention Art Patent Designs 90

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. Assembly Guidance Systems, Inc. In KSR Int’l Co.

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Art Invention Patent Patent Law 58

LexBlog IP

MARCH 9, 2023

Plaintiff had argued that using the patented methods in the design process, which guides the subsequent manufacturing process, is sufficient to state a claim. In other words, Defendant argued that alleging a method is used in the design of a product is distinct from alleging that the method is used in the manufacture of the product.

Designs 52

Designs Design Patent Patent Infringement 52

SpicyIP

JULY 13, 2023

One of the other main concerns raised by IPQC members is that, currently, the patent examination seems to be more biased in the favour of granting patents regardless of the merit of a particular invention. In Societe Des Produits Nestle Sa vs The Controller Of Patents and Design and Anr. , In Agfa NV & Anr.

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Patent Application Invention Designs Design 95

The IP Law Blog

JANUARY 18, 2024

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.” And with patents, the only protection arises when the USPTO issues a patent on an invention. The answer is what you might expect from a lawyer: “It depends.”

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LexBlog IP

DECEMBER 14, 2023

the case addresses the weight the Patent Trial and Appeal Board (PTAB) should give to the intended purpose of a primary reference when evaluating a Person of Ordinary Skill in the Art’s (POSITA) motivation to combine that primary reference with secondary references. Teleflex Innovations S.A.R.L. , Medtronic, Inc.

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Designs Design Patent Invention 52