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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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. student at National Law University, Delhi. SpicyIP intern Vedika discusses this development. Vedika is a third-year B.A.LL.B.

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Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. AT&T (No.

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LexBlog IP

APRIL 5, 2023

Navigating Korean Patent Law Changes: Accelerated Examination, PTEs, and Court Decisions @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: Maximizing Patent Term Extension(PTEs) Korea’s patent term extension (PTE) is flexible in enabling the potential for multiple extensions.

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IP and Legal Filings

NOVEMBER 7, 2022

Intellectual property rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention. On the other hand competition law aims to maximize social welfare by condemning monopolies. The goal of competition law is to ensure fair functioning of the market. [1]

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LexBlog IP

JULY 31, 2023

AI and IP Law: Podcast with Yuri Eliezer by Yuri L. Eliezer AI and Intellectual Property Law An Insightful Discussion with Yuri Eliezer The intersection of Artificial Intelligence (AI) and Intellectual Property (IP) Law is becoming increasingly significant in the dynamic landscape of technology and innovation.

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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.”

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Patently-O

FEBRUARY 24, 2022

and (2) Is eligibility a pure questions of law (based upon the claims); or does it also involve a “question of fact for the jury based upon the state of the art at the time of the patent?” The invention in Yu was a multi-lens camera deemed abstract by the Federal Circuit. Alice Step 1). 2022)(forthcoming).

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IP Watchdog

JULY 14, 2022

The idea of patented inventions brings to mind machines fully realized - flying contraptions and engines with gears and pistons operating in coherent symphony. The AI inventor’s ways are antithetical to the principles of patent writing, where inventions are described in terms of what does what, why, how, and how often.

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IP Law 360

JANUARY 3, 2023

patent law subject matter eligibility is based on antiquated notions of invention, but basing eligibility on measures that evolve with technology and innovation would allow us to foster innovation, not stifle it, says Aldo Martinez at Oblon.

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IP Watchdog

SEPTEMBER 16, 2021

When the America Invents Act (AIA) was before Congress a decade ago, it was heralded as the first comprehensive patent law since the 1952 Act. Ten years’ perspective on the new law, however, shows that its changes to patent policy have been more evolution rather than revolution.

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LexBlog IP

AUGUST 30, 2022

The diminished bench split 3:3, with Kiefel CJ, Gageler and Keane JJ finding Aristocrat’s claims unpatentable, while Gordon, Edelman and Steward JJ would have allowed the appeal, concluding that the claimed invention was patent-eligible. We were hoping for some clarity on the patent-eligibility of computer-implemented inventions.

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LexBlog IP

SEPTEMBER 23, 2022

In United States patent law, in addition to satisfying the requirements for subject-matter eligibility, novelty, enablement, definiteness, and nonobviousness, a patent must comply with the written description requirement as specified in 35 U.S.C. Written description is an issue of fact, which is resolved on a case-by-case basis.

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SpicyIP

AUGUST 1, 2021

In about 150 pages the Report suggests a major reevaluation of the IP framework in the country. Section 3 of the Patents Act creates a list of restrictions on what inventions are not patentable. The Report suggests loosening some of the restrictions on what a patentable subject matter is.

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The IP Law Blog

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. Stephen L.

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The IP Law Blog

MARCH 15, 2024

Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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LexBlog IP

JANUARY 5, 2023

In United States patent law, in addition to satisfying the requirements for subject-matter eligibility, novelty, enablement, nonobviousness, and written description, a patent must comply with the definiteness requirement as specified in 35 U.S.C. §112(b). [1] §112(b). [1] ” [3].

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Intepat

APRIL 19, 2023

INTRODUCTION As technology continues to evolve at an unprecedented pace, Computer-Related Inventions (CRIs) have become a crucial component of modern innovation. The Patents Act, 1970, provides for the protection of CRIs, but there has been significant debate over the years regarding the patentability of such inventions in India.

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LexBlog IP

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115.

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IP Watchdog

JULY 15, 2022

Clearing the air on labyrinthine subject-matter eligibility standards for computer-implemented inventions (CIIs), a Canadian Federal Court last month revisited the issue in Benjamin Moore & Co. Attorney General of Canada, 2022 FC 923.

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The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v. And, nothing in the Act dictates the contrary conclusion.

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IP Watchdog

FEBRUARY 16, 2022

Nine months in, and we are still awaiting the Biden administration’s decision as to whether the law of patent eligibility should be clarified. Neapco Holdings, LLC—a case in which a method for manufacturing vehicle driveshafts was deemed ineligible under 35 USC § 101 as being directed to a law of nature.

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SpicyIP

AUGUST 9, 2021

In this post, I will be analysing the recommendations pertaining to the amendment of patent laws in order to facilitate inventorship and ownership by AI. I will be restricting the discussion to the evaluation of the Indian patent regime, as the implications of AI on Indian copyright law has been previously dealt with here.

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LexBlog IP

JANUARY 31, 2023

PatentNext Summary: Software and computer-implemented inventions (CII) have experienced explosive growth in recent years. This article looks at laws of jurisdictions in Southeast Asia, comparing the status of enforcement and protection of software and CII in various Southeast Asia countries. or by telephone at +65 6956 9943.

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SpicyIP

AUGUST 1, 2021

A significant portion of the suggested reforms to the Patents Act is dedicated to recommendations on loosening the procedural norms of patent filing and patent examination. Issues of executive interference , vacancies , and mismatched expertise of adjudicating members had long plagued the IPAB, a specialized IP forum.

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The IPKat

MAY 19, 2024

The international standards for patentability require that an invention is novel and inventive in view of the prior art. Brave new world Alternatively, AI could be thought of as akin to a natural phenomena, from which isolating a chemical or structure may be considered an invention. Comments are due by 29 June 2024.

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Patently-O

AUGUST 4, 2021

Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Does substantive South African patent law preclude AI inventorship? Was granting the patent a mistake? Stephen Thaler and Prof.

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Intepat

MAY 4, 2023

Competition law (hereinafter used interchangeably with antitrust law) and Intellectual Property Rights (IPR) have been regarded as two ends of the spectrum in an economy. Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence.

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IP Law 360

SEPTEMBER 15, 2021

When the America Invents Act became law 10 years ago this week, it reshaped the patent world in ways that are continuing to evolve. Here's a look at the most significant changes the AIA brought about — and the potential impacts that haven't yet been felt.

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The IPKat

SEPTEMBER 15, 2022

Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. The common denominator is the use of changes to the IP law as a political instrument towards states taking “unfriendly” actions against Russia.

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IPilogue

JUNE 2, 2022

Michelle Mao is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. 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.

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IP Blog

JANUARY 20, 2021

The Everyday IP blog series was triggered by a brainstorming session in which we realized how many people — including us, sometimes! — Socks, of all things, factor into the early patent laws of the U.K., Socks, of all things, factor into the early patent laws of the U.K., Europe and the U.S., Europe and the U.S.,

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IPilogue

NOVEMBER 3, 2022

Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. This exposes some concerns about our patent laws.

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The IPKat

JULY 13, 2021

In early June, the University of Illinois Chicago School of Law ’s Center for Intellectual Property, Information, and Privacy Law organized and hosted its 12th Annual Ethics in the Practice of IP Law virtual seminar. The Seminar also discussed implicit bias in the practice of IP.

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The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services.

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LexBlog IP

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”).

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LexBlog IP

DECEMBER 21, 2023

The Federal Circuit disagreed and noted that in any event, a reference does not teach away if it merely expresses a general preference for an alternative invention but does not criticize, discredit or otherwise discourage investigation into the invention claimed (citing UCB, Inc. Actavis Laby’s UT, Inc. , 4th 679, 692 (Fed.

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