IP Watchdog

AUGUST 7, 2021

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. Further, the USPTO has issued thousands of inventions that utilize AI.

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Inventor Technology Patent Application Invention 142

LexBlog IP

MAY 9, 2022

When filing a CIP application, it is common to add new inventors related to the new disclosure. But, is it necessary to include the previous inventors as well? The short answer is yes; at least a subset of the inventors from the parent application should be included in the CIP application. Understanding CIP Applications.

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Inventor Invention Patent Application Patent Prosecution 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. Absent an assignment, each joint inventor may exploit the invention without the permission of, and without accounting to, the other joint inventors. Practice tip.

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Patent Prosecution Invention Inventor Patent 75

Intellectual Property Law Blog

DECEMBER 14, 2023

During the supplemental examination, Malvern cited seven office action documents from the ’782 patent prosecution in an IDS and introduced two declarations by the co-inventor Rochalski. Specifically, the Federal Circuit considered the plain and ordinary meaning of the term to a skilled artisan at the time of the invention.

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Invention Patent Prosecution Ownership Inventor 130

IP Watchdog

MARCH 16, 2023

Whether or not the law recognizes a machine as the inventor-at-law, the facts are indispensable to determination of the true inventor-in-fact. Vidal caused the discourse to jump over the facts of how the food container and the light stick were invented by DABUS. The procedural posture of Thaler v.

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Inventor Invention Law Patent 76

IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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Inventor Patent Application Invention Patent 130

The IP Law Blog

MARCH 30, 2023

In some industries, patents may even be essentially required to enter the market and compete successfully. However, the cost of obtaining and maintaining patents may be a barrier for individual inventors and small businesses to benefit from the advantage or enter certain markets.

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Business Inventor Patent Licensing 98

Patently-O

OCTOBER 16, 2023

by Dennis Crouch Impact of Sonos on Patent Prosecution : The recent Sonos v. Google decision threatens to grind to a halt, or at least significantly restrict, a once-common patent prosecution strategy – keeping continuation applications pending for years to obtain new claims that cover marketplace developments.

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Patent Patent Prosecution Invention Inventor 126

IP Watchdog

MARCH 24, 2022

The demographic data were collected voluntarily in 2021from the 21 regional programs that administer the PPBP as part of the broader goal of diversifying the patent system. of all inventors named on U.S. patents are women, while a Harvard study said that white individuals are three times more likely to invent than Black individuals.

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Inventor Patent Invention Blogging 133

LexBlog IP

OCTOBER 24, 2023

Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day? 4 of the ‘240 patent shows that this is the type of invention we’d like to keep secret. defense departments (e.g.,

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

Trading Secrets

OCTOBER 24, 2023

Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day? 4 of the ‘240 patent shows that this is the type of invention we’d like to keep secret. defense departments (e.g., Figure 4 of U.S.

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

LexBlog IP

OCTOBER 12, 2023

Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day? 4 of the ‘240 patent shows that this is the type of invention we’d like to keep secret. defense departments (e.g.,

Patent Application 52

Patent Application Invention Inventor Technology 52

IP Watchdog

JULY 29, 2021

South Africa’s patent office has granted the first patent for an invention conceived by an artificial intelligence (AI) inventor, DABUS. The patent is for “a food container based on fractal geometry,” and was accepted by South Africa’s Companies and Intellectual Property Commission on June 24.

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Intellectual Property Journalism Inventor Patent 134

LexBlog IP

JUNE 23, 2022

The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) invalidated the CN Invention Patent No. within six months before the priority date of the ’987 patent), and all the inventors of the ’987 patent are also authors of the article.

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Art Patent Prosecution Patent Application Intellectual Property 52

LexBlog IP

MARCH 25, 2022

Patents are composed of several different parts, each of which serves a particular purpose in securing the rights of an invention. Each component can provide information to the various stakeholders in the life of a patent. These stakeholders range from inventors, patent owners, licensees and patent examiners.

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Patent Inventor Invention Patent Application 52

LexBlog IP

MARCH 30, 2023

In some industries, patents may even be essentially required to enter the market and compete successfully. However, the cost of obtaining and maintaining patents may be a barrier for individual inventors and small businesses to benefit from the advantage or enter certain markets. had a gross income. had a gross income.

Business 52

Business Inventor Patent Licensing 52

SpicyIP

APRIL 3, 2024

The Controller had then cited 4 prior art documents (D1-D4) in the First Examination Report and in the impugned order referred to a fifth prior art document (D5) to find that the invention lacks an inventive step. The impugned order also failed to consider the patent granted to the subject invention in different jurisdiction.

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Patent Art Invention Patent Prosecution 45

SpicyIP

JULY 31, 2023

But first, just to take a step back: What is a Product-by-Process Patent Claim? As a part of the patent bargain, an inventor must describe the invention and disclose the best method to perform it. But what is the scope of protection in such a case? While the IPO guidelines do explain these claims in para 7.9,

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Patent Invention Patent Prosecution Inventor 98

The IP Law Blog

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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Law Patent Invention Intellectual Property 109

SpicyIP

MARCH 16, 2023

Role of the Orders from the Patent Office in Appeals The court underlined the reliance of any appellate body on the order passed by its subordinate authority and the assistance it offers in framing a wholesome understanding of the issue at hand.

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Invention Patent Prosecution Patent Application Patent 105

LexBlog IP

DECEMBER 14, 2023

During the supplemental examination, Malvern cited seven office action documents from the ’782 patent prosecution in an IDS and introduced two declarations by the co-inventor Rochalski. Specifically, the Federal Circuit considered the plain and ordinary meaning of the term to a skilled artisan at the time of the invention.

Invention 52

Invention Patent Prosecution Ownership Inventor 52

Patently-O

JULY 8, 2021

The agency would like input from various stakeholders, including inventors, owners, investors, licensees, users, and patent attorneys. The agency appears to be looking from key insight regarding the actual experience of parties involved — telling a story of the impact of patent eligibility doctrine.

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Patent Prosecution Intellectual Property Inventor Invention 96

Patent Trademark Blog

APRIL 14, 2022

In other words, examiners will typically reject a utility patent for not being new or unique enough. Even if you think your invention is new, your utility patent app might get rejected for being obvious. Claim amendments may be required to refine your invention so that it’s not so broad. This involves a compromise.

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Patent Application Patent Design Patent Art 52

LexBlog IP

SEPTEMBER 9, 2021

Developing a Disclosure for Software Patents : Discuss with the inventor the technological underpinnings of the novel functional aspects of the software and how those technological considerations support that function. Ask the inventor to explicitly describe why the invention is more than the expected sum of its parts.

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Inventor Patent Invention Technology 52

LexBlog IP

MARCH 23, 2022

Micro Entity Status: Qualifying to Reduce Patent Fees. Are you a small business or an individual inventor filing for a patent in the U.S.? If so, keep reading to learn about how you can reduce your patent fees through micro entity status. patent system. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-623b791352da51164{flex-wrap:

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Higher Education Patent Inventor Patent Application 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2020

Who can apply for a patent? Anyone with an invention—an inventor—may apply for a patent. Additionally, a person or entity to whom an inventor has assigned or is under an obligation to assign their invention, may apply for a patent, with certain exceptions. What are the contents of a utility patent?

Patent 52

Patent Invention Patent Application Inventor 52

Kashishipr

NOVEMBER 24, 2021

One of such defenses is the doctrine of inequitable conduct, which is referred to as a breach of the duty of being honest or acting fraudulently in conduct while dealing with the Patent Office. It may so happen that the patent holder makes a misleading or misrepresenting or false disclosure of information, which is material to the invention.

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Patent Application Invention Patent Inventor 105

TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Draft and file the application. COVID Update.

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Patent Application Patent Invention Patent Prosecution 52

Patently-O

OCTOBER 5, 2021

Like the dissenting judge on the panel, several of the opinions denying rehearing en banc faulted the panel majority for establishing a new “nothing more” test—if the claimed invention “clearly invokes a natural law, and nothing more, to accomplish a desired result”—for patent ineligibility. patent enforcement and litigation; c.

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Patent Intellectual Property Invention Inventor 102

LexBlog IP

FEBRUARY 7, 2022

This particular case can be framed with the following question: Can an assignor 1) transfer their patent rights to an assignee, 2) go on to infringe the assigned patents, and 3) then challenge the validity of the assigned patent as a defense against patent infringement? Exception One: Employment Agreements.

Patent 52

Patent Inventor Intellectual Property Patent Prosecution 52

LexBlog IP

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

Law 52

Law Invention Patent Intellectual Property 52

The IPKat

DECEMBER 7, 2021

The worst of these patent trolls pick up low-quality patents and take advantage of asymmetries in the economics of litigation to make quick cash. The root source of this situation, according to Lederer, is the patent prosecution process. Start with the sheer volume of patent applications. Focusing on the U.S.,

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Patent Troll Patent Litigation Inventor 122

Selvam & Selvam Blog

AUGUST 11, 2023

In a similar case, the Judge observed that “ If inventors, who seek to invent patents, are going to suffer such treatment, it would ultimately disincentivize persons from exercising their inventive faculties and coming with new and innovative technologies which would ultimately be deleterious to the national interest as well.

IP 52

IP Intellectual Property Due Diligence Trademark 52

The IPKat

SEPTEMBER 23, 2022

selected address issues such as SPC protection for combination products, double patenting, prosecution history estoppel and the influence of declarations made by the patentee in parallel proceedings, the possibility for national courts to request technical opinions from the EPO under Art. The decisions we (arbitrarily!)

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Litigation Law Patent Invention 82

IP Watchdog

JULY 25, 2021

As such, AI has been shown to have near endless applications, driving a surge of inventions and related patent application filings. Many AI-based systems are able to recognize trends, patterns and connections, test hypotheses using available data sets, and continuously improve decision trees based on user input.

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Patent Application Patent Invention Patent Prosecution 98

LexBlog IP

MARCH 18, 2022

On February 28, 2022, the Patent Trial and Appeal Board (“ PTAB ”) issued a decision on priority in an interference proceeding between the Broad Institute, Inc. Patent Application No. The inventors listed on Broad’s patent are Feng Zhang, Ph.D., 8,697,359 or claim 156 of CVC’s U.S. 15/981,807.

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Inventor Invention Editing Patent 52

IP Watchdog

SEPTEMBER 3, 2021

Technologies such as computer networking, which, unlike software inventions, typically incorporate at least some hardware elements, may be less vulnerable to rejection under the U.S. Supreme Court’s decision in Alice v. However, responding to these rejections when they are issued still requires some finesse.

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Technology Invention Patent Drafting Patent Prosecution 69