JD Supra Law

JULY 22, 2024

On July 17, the USPTO published an update to the patent eligibility guidance and added three new examples to aid practitioners and examiners in determining whether a claimed invention is eligible subject matter under Section 101. By: Fish & Richardson

Invention 72

Invention Publishing Patent 72

IP Law 360

JUNE 20, 2024

Patent and Trademark Office's guidance on when inventions developed using artificial intelligence can be patented generated criticism from the American Bar Association's Section of Intellectual Property Law, expressing concern that it could be detrimental as it "casts doubt on inventorship through general acts of human direction."

Invention 97

Invention Intellectual Property Law Intellectual Property IP 97

JD Supra Law

SEPTEMBER 5, 2024

The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent. By: BakerHostetler

Invention 72

Invention Art Patent 72

The IPKat

OCTOBER 31, 2023

The recent decision in T 0258/21 , by contrast, is the first interpretation of G 2/21 leading to a finding of a lack of inventive step in view of an inadequate disclosure of the purported technical effect. However, T 0258/21 related to subject matter for which the EPO has always required additional evidence.

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Invention Art Publishing Patent Application 120

U.S. Department of Commerce

AUGUST 14, 2024

Patent and Trademark Office (USPTO) will host Invention-Con 2024: Expanding your intellectual property potential. Don’t miss Invention-Con 2024, coming virtually (August 16 only) and in person on August 16 from 11:30 a.m. From August 16-17, the Department of Commerce’s U.S. Participate in activities for all ages.

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Invention Inventor Intellectual Property Trademark 81

Patently-O

APRIL 25, 2023

As artificial intelligence progresses at an unprecedented pace, numerous cases have emerged where generative AI has played a crucial role in conceiving an invention. This raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor.

Invention 125

Invention Inventor Patent Intellectual Property 125

JD Supra Law

JULY 31, 2024

Patent and Trademark Office (USPTO) has issued guidance regarding patent eligibility with respect to patenting artificial intelligence (AI) inventions. See an overview of the eligibility test applied by the USPTO.

Invention 81

Invention Patent Patent Application Trademark 81

IP Intelligence

SEPTEMBER 4, 2024

The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent. Though, as the Federal Circuit notes, the expert may still be cross-examined on the lack of requisite experience at the time of the invention. [1]

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Invention Art Patent Intellectual Property 52

JD Supra Law

FEBRUARY 29, 2024

On February 13, the United States Patent and Trademark Office (USPTO) issued inventorship guidance, effective immediately, for inventions created with the assistance of artificial intelligence (AI). By: Lowenstein Sandler LLP

Invention 72

Invention Patent Application Trademark Patent 72

Intellectual Property Law Blog

AUGUST 30, 2021

In the following sections, we will discuss an illustrative list of subject areas that may offer patentable AI inventions. (1) However, inventors often need to improve various aspects of an existing AI system to make it fit and work for their applications. 1) Training phase.

Invention 242

Invention Patent Privacy Inventor 242

JD Supra Law

FEBRUARY 22, 2024

A very important question at the intersection of AI and IP is: how do we define inventorship in situations where artificial intelligence plays a role in the creation of an invention? By: Smart & Biggar

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Invention Intellectual Property Law Intellectual Property IP 122

IP Law 360

FEBRUARY 12, 2024

Patent and Trademark Office on Monday issued guidance on how it will determine whether inventions developed with the assistance of artificial intelligence can be patented, explaining that a human must have made a "significant contribution."

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Invention Patent Trademark 111

JD Supra Law

JULY 18, 2024

Further, patent claims for AI inventions may. By necessity, businesses involved in developing AI solutions rely on this clarity and guidance in order to effectively plan and implement their research and development resources. By: Foley & Lardner LLP

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Invention Patent Business Technology 75

JD Supra Law

AUGUST 2, 2024

The murky world of artificial intelligence-enabled inventions requires illumination. Did the USPTO’s recent guidance provide this much-needed illumination, or merely leave a trail of breadcrumbs?

Invention 72

Invention Patent 72

The IPKat

JULY 18, 2024

The UPC Central Division also takes a strong stance on the patentability of therapeutic antibody inventions in Europe. The decision of the UPC confirms that the US and European approaches to antibody inventions are diametrically opposed. The decision is not just remarkable for being the first decision of its kind.

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Invention Art Patent Patent Law 67

IP Tech Blog

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

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Invention Inventor Patent Patent Application 57

IP Law 360

AUGUST 1, 2024

Patent and Trademark Office's recent guidance allows patents for inventions created with artificial intelligence, but inventors need to address the so-called black-box problem to ensure others can recreate the invention, thus meeting the enablement requirement, say Mark Basanta and Georg Reitboeck at Haug Partners.

Invention 52

Invention Inventor Trademark Patent 52

JD Supra Law

AUGUST 20, 2024

ITC, the Federal Circuit addressed whether the America Invents Act (“AIA”) changed the on-sale bar such that the sale of a product made using a secret process would no longer invalidate later-sought claims on that process. In Celanese Int’l Corp. By: A&O Shearman

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Invention Patent 78

Intepat

APRIL 2, 2022

A patent is a form of intellectual property right granted to an invention. It gives the inventor or patent owner exclusive rights and prevents others from manufacturing, selling, or marketing the invention. Patents are valuable assets that enable one to share their invention in public without any fear of being misused.

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Invention Patent Inventor Intellectual Property 105

The IPKat

FEBRUARY 14, 2024

On 12 February 2024, the United States Patent and Trademark Office (USPTO) announced with a press release the publication of its Inventorship Guidance for AI-Assisted Inventions (Guidance). The guidance embraces the use of AI in innovation and provides that AI-assisted inventions are not categorically unpatentable.

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SpicyIP

DECEMBER 22, 2023

[ On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development. Vedika is a third-year B.A.LL.B. student at National Law University, Delhi.

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Invention Inventor Patent Registration 59

Patently-O

APRIL 29, 2024

by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. The petitioner argues that the Federal Circuit’s test, established in Antares Pharma, Inc.

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Invention Patent Law Technology 80

IP Law 360

JULY 24, 2024

Patent and Trademark Office should adopt the conception standard for reviewing AI-assisted inventions, as well as require the disclosure of artificial intelligence prompts and responses because they are material to patentability, which would then simplify the patent examiner’s invention decision, says Thomas Hamlin at Robins Kaplan.

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Invention Trademark Patent 52

IP.com

SEPTEMBER 22, 2022

Invention disclosure documents are the important first steps in the IP commercialization process. Not only does it represent the first recording of the invention, establishing the date and scope, but they have been used to defeat challenges to dates of invention, inventorship, invention scope, and prior art.

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Invention Art IP Patent 98

JD Supra Law

JULY 24, 2024

Stakeholders voiced apprehension that AI inventions are vulnerable to subject matter eligibility rejections under the current legal framework. The Situation: Concerns that uncertain and unpredictable patent subject matter eligibility jurisprudence thwarts U.S. By: Jones Day

Invention 72

Invention Patent Technology 72

JD Supra Law

SEPTEMBER 29, 2022

In the practice of patent examination in China, to determine whether an invention has prominent substantive features is to determine, to the person skilled in the art, whether the claimed invention is non-obvious as compared with the prior art. By: Linda Liu & Partners

Invention 98

Invention Art Patent 98

The IPKat

SEPTEMBER 10, 2023

The minutes are brief but confirm the Board of Appeal's decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. The inventive step of the claimed invention was acknowledged based on the post-published data submitted by the Patentee. How many moths needed for an invention?

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Invention Publishing Law Patent Application 120

LexBlog IP

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues. an AI] prompt.

Invention 52

Invention Inventor Patent Patent Application 52

JD Supra Law

JULY 15, 2024

This article discusses the February 13, 2024 guidance issued by the United States Patent and Trademark Office (USPTO) regarding the inventorship of artificial intelligence (AI)-assisted inventions. While this guidance marks a significant advancement in AI policy, it is not the first initiative by the USPTO in this area.

Invention 75

Invention Trademark Patent 75

JD Supra Law

NOVEMBER 29, 2022

Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of software patent prosecution can help ensure that software inventions get maximum protection. By: Lewis Roca

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Invention Patent Prosecution Patent Art 96

JD Supra Law

APRIL 14, 2023

Patentability of AI-assisted Inventions- DBL’s Managing Partner Tom Dunlap recently wrote an interesting article about the current state of artificial intelligence (AI) inventorship. Mr. Dunlap detailed the patenting efforts surrounding DABUS, an AI system developed by Dr. Stephen Thaler that autonomously created certain inventions.

Invention 98

Invention Patent 98

IP.com

JULY 14, 2021

Willis Carrier invented the air conditioner in 1902 and was granted a patent for the invention in 1906. Carrier’s invention was the culmination of centuries of experimentation with air, water, The post How Popular Inventions Came to Life: Who Invented the Air Conditioner?

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Invention IP Patent 105

IP Law 360

MARCH 15, 2024

significantly contributed to the invention of a road trailer for transporting liquefied natural gas, upholding a lower court's finding that they must be credited as co-inventors on the patent. The Federal Circuit ruled Friday that two executives of pipe company Tube-Mac Industries Inc.

Invention 98

Invention Inventor Patent 98

JD Supra Law

JANUARY 11, 2024

This past Friday, a federal district court held that the mere fact of combining certain natural products – such as isolated, naturally occurring AAV sequences and a heterologous non-AAV sequence – and putting them into a cultured host cell, without some change, does not give rise to a patent eligible invention under 35 U.S.C. §

Invention 125

Invention Patent 125

JD Supra Law

JULY 26, 2024

The US Patent & Trademark Office (PTO) issued a 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence, which focuses on subject matter eligibility for artificial intelligence (AI)-based inventions. 58128 (July 17, 2024). By: McDermott Will & Emery

Invention 72

Invention Patent Trademark 72

Biswajit Sarkar Copyright Blog

SEPTEMBER 25, 2023

What is invented through biotechnological processes must be protected through patent protection lest a third person misuses the same. This came after careful observation of rising international trends with respect to innovations and inventions concerning biotechnology.

Invention 59

Invention Patent Intellectual Property Technology 59

JD Supra Law

APRIL 30, 2024

This article discusses patent strategies for ADC inventions. Food and Drug Administration (FDA) approval and rapidly growing market size as discussed in previous articles in this series. By: Foley & Lardner LLP

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Invention Patent Marketing Marketing 81