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.

Inventor 142

Inventor Technology Patent Application Invention 142

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. However, different countries have different patentability requirements and prosecution schemes, and these differences.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

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.

Patent 125

Patent Patent Prosecution Invention Inventor 125

The IP Law Blog

MARCH 30, 2023

The United States Patent and Trademark Office (“USPTO”) has reduced the patent fees for small businesses and certain other applicants. This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system.

Business 98

Business Inventor Patent Licensing 98

LexBlog IP

MAY 9, 2022

In many cases, it may be desirable to file a new patent application that both relies on information disclosed in a previous patent application and includes new information that builds on the previous disclosure. When filing a CIP application, it is common to add new inventors related to the new disclosure. ” 35 U.S.C. §

Inventor 52

Inventor Invention Patent Application Patent Prosecution 52

Intellectual Property Law Blog

DECEMBER 14, 2023

Specifically, the Federal Circuit found the plain and ordinary meaning of “pipette guiding mechanism” sufficient and addressed how various claim construction doctrines affected its analysis, including the use of a non-related patent cited in an IDS as intrinsic evidence. 8,827,549 (the “’549 patent”) and its parent, U.S.

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Invention Patent Prosecution Ownership Inventor 130

IP Watchdog

MARCH 24, 2022

Patent and Trademark Office’s (USPTO’s) Patent Pro Bono Program (PPBP) were African American or Black and 41% were female, according to the latest USPTO Director’s Blog. of all inventors named on U.S. of all inventors named on U.S. Thirty percent of respondents to a survey of applicants using the U.S.

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Inventor Patent Invention Blogging 133

SpicyIP

JULY 31, 2023

Image from here In a significant development, the Delhi High Court on July 24, 2023 passed a detailed order on ‘product-by-process’ patent claims in Vifor International Ltd. Controller of Patents , analysed by Amit here and here and the IPAB order in the State University of New York v. MSN Laboratories Pvt. Ltd and an r.

Patent 98

Patent Invention Patent Prosecution Inventor 98

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

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.

Inventor 130

Inventor Patent Application Invention Patent 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.

Inventor 75

Inventor Invention Law Patent 75

LexBlog IP

MARCH 30, 2023

The United States Patent and Trademark Office (“USPTO”) has reduced the patent fees for small businesses and certain other applicants. This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system.

Business 52

Business Inventor Patent Licensing 52

LexBlog IP

MARCH 25, 2022

What Information is included in a Patent? And Does it Apply to Stakeholders of a Patent Lifecycle. 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.

Patent 52

Patent Inventor Invention Patent Application 52

SpicyIP

APRIL 3, 2024

Over the course of the last 2 years, we have seen High Courts remand numerous orders (read: reject) to the Indian Patent Office for reconsideration. Controller of Patents is the latest addition in this list of remands on the above grounds. The authors would like to acknowledge an anonymous reader for sharing this development with us.

Patent 45

Patent Art Invention Patent Prosecution 45

Trading Secrets

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. 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?

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

The IP Law Blog

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

Law 109

Law Patent Invention Intellectual Property 109

LexBlog IP

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. 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?

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

LexBlog IP

OCTOBER 12, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. 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?

Patent Application 52

Patent Application Invention Inventor Technology 52

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.

Art 52

Art Patent Prosecution Patent Application Intellectual Property 52

Patent Trademark Blog

APRIL 14, 2022

Will your patent be rejected? Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. How to respond to utility patent rejections.

Patent Application 52

Patent Application Patent Design Patent Art 52

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. Berkheimer, No.

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Patent Intellectual Property Invention Inventor 102

The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject? Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

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Patent Troll Patent Litigation Inventor 122

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. She has been working in the field of access to medicines, patents and IP for more than a decade.

Patent 72

Patent Patent Application Intellectual Property Law 72

LexBlog IP

SEPTEMBER 9, 2021

Software Patents: When is enough enough? [1]. 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.

Inventor 52

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. How to reduce your patent fees. Free patent consultations.

Higher Education 52

Higher Education Patent Inventor Patent Application 52

SpicyIP

MARCH 16, 2023

Image from here [This post is co-authored with Swaraj Paul Barooah] Various authors on this blog have repeatedly pointed out the lack of proper reasoning in patent orders, both from courts (see here ) as well as from the patent offices (see here ). Controller of Patents and Designs ( pdf.), In Dolby International v.

Invention 105

Invention Patent Prosecution Patent Application Patent 105

LexBlog IP

FEBRUARY 7, 2022

Patent Rights: Assignors Transferring Rights and Infringing on Assigned Patents. v Hologic case, t he US Supreme Court (“SCOTUS”) ruled that assignor estoppel is limited and may allow a previous assignor, under specific circumstances, to challenge the validity of patents they have subsequently reassigned.

Patent 52

Patent Inventor Intellectual Property Patent Prosecution 52

LexBlog IP

DECEMBER 14, 2023

.” Specifically, the Federal Circuit found the plain and ordinary meaning of “pipette guiding mechanism” sufficient and addressed how various claim construction doctrines affected its analysis, including the use of a non-related patent cited in an IDS as intrinsic evidence. 8,449,175 (the “’175 patent”).

Invention 52

Invention Patent Prosecution Ownership Inventor 52

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. Patentability Search. Office Actions.

Patent Application 52

Patent Application Patent Invention Patent Prosecution 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2020

What is a utility patent? [1]. The definition of a utility patent is a patent that covers “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” [i] i] Utility patents are the most prevalent type of patent. Who can apply for a patent?

Patent 52

Patent Invention Patent Application Inventor 52

Patently-O

JULY 8, 2021

At the behest of several leading Senators, the USPTO has begun a study on the “Current State of Patent Eligibility Jurisprudence.” The agency would like input from various stakeholders, including inventors, owners, investors, licensees, users, and patent attorneys.

Patent Prosecution 95

Patent Prosecution Intellectual Property Inventor Invention 95

The IPKat

SEPTEMBER 23, 2022

Over to our Belgian Katfriends : " While 2022 is in full swing with high levels of business in the Belgian courts, 2021 was a quieter year for patent litigators in Belgium. 25 EPC, and the disappearance of the cautio iudicatum solvi that was sometimes required from foreign plaintiffs launching (patent) proceedings in Belgium.

Litigation 82

Litigation Law Patent Invention 82

LexBlog IP

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” § 101. §101. .”

Law 52

Law Invention Patent Intellectual Property 52

Kashishipr

NOVEMBER 24, 2021

Obtaining a patent is an uphill battle. Even after a patent is secured, it is not the end of all battles. There are instances where a patent holder may be deterred from enforcing his patent against an act of infringement on account of equitable defenses like unclean hands, estoppel, or laches. What is Inequitable Conduct?

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Patent Application Invention Patent Inventor 105

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.

Patent Application 98

Patent Application Patent Invention Patent Prosecution 98

Selvam & Selvam Blog

AUGUST 11, 2023

In what appears to be an almost exasperated tone, the Hon’ble Judge prefaced the order by stating that the Court never “ceases to be surprised” at the kind of orders which come before it, from the office of the Registry of Trade Marks/Controller General of Patents. In April this year, the Delhi HC in Blackberry Ltd v.

IP 52

IP Intellectual Property Due Diligence Trademark 52

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., The Regents of the University of California v. 15/981,807.

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Inventor Invention Editing Patent 52