article thumbnail

Patenting Biotech Invention

Biswajit Sarkar Copyright Blog

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.

article thumbnail

Interpretation of G 2/21: Inventive step may be supported solely by post-published data (T 0116/18)

The IPKat

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?

Invention 111
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Guidance on Patenting Inventions with AI Contributions

Patently-O

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 121
article thumbnail

New York Enacts Law Limiting Employee Assignment of Inventions

JD Supra Law

On September 15, 2023, New York Governor Kathy Hochul signed into law a new section of the New York Labor Law limiting the assignment of inventions by employees to their employers.

article thumbnail

The relevance of G 2/21 to machine learning inventions (T 2803/18)

The IPKat

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

article thumbnail

New York Enacts Law Limiting Employee Assignment of Inventions

LexBlog IP

On September 15, 2023, New York Governor Kathy Hochul signed into law a new section of the New York Labor Law limiting the assignment of inventions by employees to their employers. California also places a burden on employees to prove that their inventions are not covered by their employee invention assignment agreement.

article thumbnail

Patentable? What makes an invention novel and nonobvious?

Patent Trademark Blog

To be patentable, an invention must be both eligible and unique. Subject matter eligibility relates to the nature of the invention while uniqueness has to do with what has been done in the past. A unique invention must be both novel and nonobvious over the prior art , or past stuff. How can an invention be novel, yet obvious?