IPilogue

OCTOBER 21, 2021

This is a reminder that submissions to try out for the annual National Patent Application Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .

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Patent Application Patent Drafting Patent Invention 81

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. And, nothing in the Act dictates the contrary conclusion.

Invention 98

Invention Inventor Patent Moral Rights 98

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. Patent Appl.

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Inventor Invention Patent Patent Application 96

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. The Report recommends the shortening of this time frame to reduce delays that occur in the process of examining and granting patents.

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Reporting Patent Law Patent Application Patent 136

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. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications. Stephen Thaler and Prof.

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Invention Patent Inventor Intellectual Property 127

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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Invention Intellectual Property Patent Copyright 52

IPilogue

JUNE 2, 2022

Thaler’s application for his AI, DABUS, to be the patent owner of an invention titled “ Food container and devices and methods for attracting enhanced attention ,” a product solely created by DABUS without any human interference. What Does This Mean in the Canadian Context? In Apotex Inc v Wellcome Foundation.,

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Invention Ownership Intellectual Property Inventor 111

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: Recent Case Law: Divisional Applications and ST.26 thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: block!important;}}@media

Patent Law 52

Patent Law Law Intellectual Property Patent 52

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.

Law 52

Law IP Intellectual Property Intellectual Property Law 52

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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Invention Inventor IP Ownership 122

Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. How much will it cost to file a patent?

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Patent Application Patent Invention Inventor 52

LexBlog IP

MAY 12, 2023

This trend brings about new risks to intellectual property (IP), including new challenges in procuring IP protection and new risks of IP infringement. Part I of this two-part post will focus on IP procurement. Patenting an invention requires pinning down the correct inventorship. Yet, the U.S.

IP 40

IP Invention Intellectual Property Inventor 40

LexBlog IP

AUGUST 28, 2023

However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and the written description of the patent to which it belonged failed to describe “ how ” the claimed invention implemented this element. § 112(a)).

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Invention Patent Application Art Patent 52

The IP Law Blog

FEBRUARY 29, 2024

LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea. Under section 101, only certain types of inventions are patentable: machines, articles of manufacture, compositions of matter, and processes (methods).

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Patent Patent Application Invention Advertising 111

Patently-O

SEPTEMBER 13, 2022

The Supreme Court’s 2021 decision retained assignor estoppel as a cognizable patent law doctrine that can bar a former patent owner from later challenging the patent’s validity. ” The embodiments in the application all use a “moisture permeable” applicator head.

Invention 60

Invention Inventor Patent Application Patent 60

LexBlog IP

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. ” And, nothing in the Act dictates the contrary conclusion.

Invention 52

Invention Inventor Patent Moral Rights 52

LexBlog IP

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. Patent Appl.

Inventor 52

Inventor Invention Patent Application Patent 52

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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Reporting Non-Fungible Tokens IP Intellectual Property 52

LexBlog IP

MAY 31, 2023

If such new content forms part of a new “invention” (i.e., part of a patent claim), does the AI system need to be listed as an “inventor”? It may all come down to “conception” – that is, whether an AI system can mentally conceive and contribute to an invention. an invention).

Inventor 40

Inventor Patent Application Invention Patent 40

IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Not surprisingly, there were a number of patent applications filed that bridged the March 16, 2013 AIA effective date.

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Invention Inventor Patent Application Patent Law 124

LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 171(a), design patent protection is permitted to “[w]hoever invents any new, original and ornamental design for an article of manufacture.” (Emphasis added).

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Design Patent Designs Design Patent Law 52

LexBlog IP

FEBRUARY 15, 2024

Guidance on using AI to Invent Due to the quick rise of artificial intelligence (AI), most (if not all) of the laws relating to the US patent system were not written with AI in mind. Vidal , a Federal Court of Appeals case that determined whether AI can be listed as an inventor on a patent application.

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Inventor Patent Invention Patent Application 52

The IP Law Blog

JANUARY 13, 2022

A patent protects an invention. The invention can be an article of manufacture, a machine, a process (such as software), or a composition of matter (like a chemical formula). Thus, there is some overlap between what can be protected by a trade secret or a patent. Once the patent is issued, it provides certain protections.

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Patent Invention Patent Application Confidentiality 104

LexBlog IP

JULY 26, 2022

PatentNext Summary: The Legal Board of Appeal (the “Board”) of the European Patent Office (EPO) recently suggested that the owner of an artificial intelligence (AI) machine could possibly be listed as an inventor of an AI-generated Invention. ” J 8/20 (Designation of inventor/DABAS) at para.

Inventor 52

Inventor Invention Patent Designs 52

IPilogue

FEBRUARY 13, 2023

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. For the first time in decades, the US Supreme Court will engage with enablement in patent applications. The requirement of enablement in US patent law is codified in 35 USC s.

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Patent Invention Art Inventor 101

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?

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Patent Application Invention Inventor Patent Prosecution 52

LexBlog IP

APRIL 3, 2023

Navigating the Patent Application Process to Secure Protection and Privacy for Innovative Products As an innovator, you may find yourself in the delicate situation of trying to balance the protection of your trade secrets and obtaining patent protection. This effectively provides retroactive patent protection.

Confidentiality 52

Confidentiality Patent Application Patent Invention 52

Traverse Legal Blog

NOVEMBER 16, 2021

A main focus in most M&A transactions involves conducting intellectual property (IP) due diligence, including patent due diligence in order to properly assess risk involved in the potential transaction. Have all conveyances, including assignments, been properly recorded for the IP assets with the respective IP offices?

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Due Diligence IP Intellectual Property Invention 75

SpicyIP

JULY 22, 2023

While there are a number of aspects covered by “Artificial Intelligence”, ranging from definitions to scope, from life-saving to life-threatening, there has been surprisingly limited public policy discussion on the intersection of AI and IP in India. Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh.

IP 98

IP Intellectual Property Reporting Government 98

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

The IP Law Blog

JULY 28, 2022

Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. A patent protects an invention. In 2014, the Supreme Court established a two-part test to determine whether an invention is patent-eligible. Alice Corp. CLS Bank International , 573 U.S.

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Patent Invention Patent Application Intellectual Property 98

LexBlog IP

APRIL 26, 2022

The Court found (at [105]) that: the law relating to the entitlement of a person to the grant of a patent is premised upon an invention for the purposes of the Patents Act arising from the mind of a natural person or persons. Those who contribute to, or supply, the inventive concept are entitled to the grant.

Invention 52

Invention Inventor Patent Law Patent 52

LexBlog IP

FEBRUARY 7, 2022

1985) (stating the “elementary principle of patent law that when, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art” (citation omitted)). The limited specification support (e.g., See Titanium Metals Corp. Banner , 778 F.2d

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Invention Art Inventor Publishing 52

The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. The ‘498 Patent was issued from this application in 2018. Iolab Corp.

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Inventor Invention Art Patent 110

SpicyIP

MARCH 21, 2024

This report which is mandated under American law and placed before the US Congress, requires the USTR to conduct a review of the intellectual property (IP) laws and enforcement policies of American trading partners in order to identify those laws or practices which maybe detrimental to American interests.

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Patent Patent Application Government Reporting 52

LexBlog IP

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

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Invention Confidentiality Privacy Public Use 59

IPilogue

SEPTEMBER 14, 2022

v Canada (Attorney General) the Federal Court has addressed a long-standing complicated issue in patent law, computer-related subject matter. The Federal Court adopted a new 3-step framework for assessing patentable subject matter in electronics and computer-implemented inventions. In the case of Benjamin Moore & Co.

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Invention Patent Intellectual Property Inventor 105