LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). 2022), and this release provides guidance regarding the open question of human inventorship for inventions developed by a person working with the assistance of an AI system. Vidal , 43 F.4th 4th 1207 (Fed.

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Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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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.” Claims: 1.

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Intellectual Property Law Blog

JUNE 5, 2023

Background In 2015, Ironburg Inventions Ltd. 8,641,525 (“the ’525 patent”). . § 315(e)(2); and (2) the “skilled and diligent searcher” inquiry itself with respect to what a skilled and diligent searcher reasonably would have been expected to discover. Ironburg”) sued Valve Corporation (“Valve”) for infringing U.S.

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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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Intellectual Property Law Blog

JUNE 23, 2023

On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023 , which seeks to clarify the jurisprudence surrounding 35 U.S.C. § A mental process performed solely in the mind of a human being. An unmodified human gene, as that gene exists in the human body.

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IP Watchdog

MAY 17, 2023

And the similarly savory subject of who must be named inventor on a bacon patent was the issue in the recent case of HIP, Inc. HIP claimed that one of its employees materially contributed to the invention of Hormel’s patent on methods for precooking bacon. Hormel Foods Corp., 2022-1696 (Fed. May 2, 2023).

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LexBlog IP

JANUARY 11, 2024

This change represents a considerable shift in the intellectual property law landscape within the country, aiming to promote an environment of genuine innovation and integrity. Genuine Inventive Activities: Requires applications to be based on real and original inventive activities.

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Canadian Intellectual Property Blog

MARCH 2, 2021

Companies large and small often think long and hard about whether to patent their products. For larger companies, budget is also a concern, but often it is also the time required of inventors to adequately document an invention disclosure and to work with a patent professional. So, what happens if you decide not to patent?

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Intellectual Property Law Blog

JUNE 20, 2023

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments. Part One of this series covers claim scope and inventorship.

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Texas Intellectual Property Law Blog

JULY 29, 2020

Texas inventors should take a look into getting patents for their discoveries and inventions. A patent gives the creator of a product the property rights to that invention. The patent is supposed to be internationally recognized, but that may be hard to enforce.

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Texas Intellectual Property Law Blog

JULY 29, 2020

Texas inventors should take a look into getting patents for their discoveries and inventions. A patent gives the creator of a product the property rights to that invention. The patent is supposed to be internationally recognized, but that may be hard to enforce.

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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. Thaler and DABUS embarked on their journey for AI patent ownership.

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Intellectual Property Law Blog

JUNE 7, 2023

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments. PART ONE Patent Claims and Inventorship The Federal Circuit in Thaler v.

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Chicago IP

MARCH 31, 2023

CT, the Intellectual Property Law Association of Chicago (“IPLAC”) and the International Relations Committee will host EPO attorney Alexander Korenberg, Partner at Kilburn & Strode LLP. Alexander will share his insights on technical effect in the EPO, and how it relates to patenting Artificial Intelligence (AI) inventions.

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LexBlog IP

AUGUST 11, 2021

With all these various fast food restaurants entering the fray, why did Chick-fil-A or other early players in the chicken sandwich game not block these upstarts with copyright or patent infringement injunctions? A 2015 court case and trade secret law help shed some light on this question.

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JD Supra Law

OCTOBER 4, 2022

When lawyers talk about “intellectual property law” they usually mean the world of trademarks (names or symbols that identify the source of a product), copyrights (creative works, like paintings, songs, books), or patents (inventions).

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Intellectual Property Law Blog

FEBRUARY 28, 2024

United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. The funding agency obtains a license to “subject inventions,” which is defined as “any invention. . . 35 U.S.C. §

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LexBlog IP

MARCH 31, 2023

CT, the Intellectual Property Law Association of Chicago (“IPLAC”) and the International Relations Committee will host EPO attorney Alexander Korenberg, Partner at Kilburn & Strode LLP. On Thursday, April 20, 2023 from 11:00 a.m. to 12:00 p.m. This event is $15 for Members and $45 for Non-Members.

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Intellectual Property Law Blog

FEBRUARY 13, 2024

Background Medtronic filed two IPR petitions challenging certain claims in Teleflex’s ’116 patent. In Medronic, Inc. Teleflex Life Sciences Limited, 2022-1721, 2022-1722 (Fed. 16, 2023) , the Federal Circuit considered whether U.S. In the IPRs, Medtronic asserted that the “Itou” reference qualified as prior art under the pre-AIA § 102(e).

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Intellectual Property Law Blog

OCTOBER 6, 2023

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § patent system from a first-to-invent system to a first-to-file system.

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JIPL Online

APRIL 22, 2021

i] This confusion has a direct impact on the willingness to invent, drug pricing, the recovery of research and development (R&D), and other basic purposes of the Act. [ii]. Here, patent law can be very helpful in determining whether a generic manufacturer satisfies the novelty, usefulness, and non-obviousness standards.

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Intellectual Property Law Blog

DECEMBER 15, 2023

Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions. Teleflex Innovations S.A.R.L. ,

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JD Supra Law

JULY 23, 2021

Amgen) to rehear enablement requirements in a patent disclosure. Enablement” refers to a requirement that a patent application must describe how to make and use a claimed invention. By: Caldwell Intellectual Property Law

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Intellectual Property Law Blog

FEBRUARY 25, 2021

As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these concepts. For more information, view our Flipbook. Data as of January 30, 2021 at USPTO.gov.

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Intellectual Property Law Blog

DECEMBER 21, 2023

16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. Patent Nos. Background Palette Life Sciences, Inc.

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Intellectual Property Law Blog

MAY 22, 2023

After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. § 112(a), and are thus invalid. In re Wands , 858 F.2d 2d at 737, 8 USPQ2d at 1404 (Fed.

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IPilogue

SEPTEMBER 3, 2021

Recently, AI technology once again exceeded the legal community’s expectations by filing a patent for its invention of interlocking food containers. Under patent law, it is the general expectation that inventors are humans, not robots. Patent Law in Canada. Why is this an issue? Potential Benefits.

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Intellectual Property Law Blog

OCTOBER 6, 2023

This case addresses whether patents relating to methods and systems for connecting users based on their answers to polling questions claim patentable subject matter under 35 U.S.C. § Background Trinity sued Covalent for patent infringement of U.S. Patent 9,087,321 (“the ’321 patent”) and U.S. 321 patent col.

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Intellectual Property Law Blog

SEPTEMBER 8, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See Alice Corp.

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LexBlog IP

MAY 25, 2023

New Patent Trial and Appeal Board Decision Analysis by John DeStefano We are delighted to announce an important update to our 35 USC 101 Rejection Subject Matter Eligibility Database. This strategic enhancement offers the much-needed insight into how the USPTO interprets the scope of patent eligible subject.

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Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. He would also understand the profitability and commercial viability of his invention.

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Intepat

NOVEMBER 13, 2023

While historically, the field of patent filing has been dominated by men, an inspiring shift is taking place. Women inventors are making significant strides, leaving an indelible mark on the world of innovation and intellectual property. In 1809, Mary Dixon was the 1st Woman to receive the US Patent.

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LexBlog IP

AUGUST 9, 2022

What is at the core of invention? All inventions boil down to applying some natural law , but where is the line between natural law and invention? ” The most recent Supreme Court case which granted certiorari with regard to an “inventive concept” is Alice Corp. By: Banks Griffin.

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Intellectual Property Law Blog

OCTOBER 8, 2021

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. According to the opinion, the claimed method was directed to an application of Hooke’s law, and thus patent ineligible. See American Axle & Manufacturing, Inc.

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IPilogue

NOVEMBER 1, 2021

In July 2021, the Federal Court of Australia affirmed in Thaler v Commissioner of Patents [2021] FCA 879 that artificial intelligence (AI) systems may be deemed “inventors” under Australian patent law. The principal question at hand is whether non-human entities, such as AI systems, should have legal capacity.

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LexBlog IP

MAY 16, 2023

Whether you view him as a brilliant inventor or a misguided genius, there’s no denying that Midgley’s inventions offer a compelling case study for any intellectual property guru. The Inventions Born in 1889, Midgley was a mechanical engineer and chemist. serves as a fascinating case study.

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