JD Supra Law

JANUARY 4, 2024

In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law.

Inventor 74

Inventor Patent Law Law Patent 74

Intepat

JANUARY 15, 2024

This section mandates that a patent applicant must identify the inventor and, if the applicant is not the inventor, explain how they derived the right to the patent. Mr. Thaler’s stance was clear: DABUS, as the AI behind the inventions, should be recognized as the inventor.

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Inventor Patent Law Invention Law 94

IPilogue

SEPTEMBER 3, 2021

Junghi Woo is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. . Recently, AI technology once again exceeded the legal community’s expectations by filing a patent for its invention of interlocking food containers. Under patent law, it is the general expectation that inventors are humans, not robots.

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Inventor Patent Law Law Patent 106

Intellectual Property Law Blog

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.

Patent Law 147

Patent Law Patent Law Art 147

SpicyIP

MARCH 11, 2024

Singh’s book on Patent Law is finally out. Also present were foreign dignitaries, including Annabelle Bennett (Former Judge of the Federal Court of Australia, Sydney), Colin Birss (Lord Justice, Court of Appeal, England and Wales), and Klaus Grabinski (President of the Unified Patent Court (EU), Luxembourg).

Patent Law 59

Patent Law Law Patent Intellectual Property 59

Patently-O

AUGUST 22, 2022

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

Patent Law 90

Patent Law Law Patent Invention 90

JD Supra Law

FEBRUARY 15, 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. By: Sheppard Mullin Richter & Hampton LLP

Inventor 67

Inventor Invention Patent Patent Law 67

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?): According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements.

Patent Law 125

Patent Law Law Patent Invention 125

Patently-O

MAY 18, 2023

The Patent Act requires that patent applicant describes the invention in explicit terms to enable any person skilled in the art to make and use the invention. In other words, the specification must enable the full scope of the invention as defined by its claims. 405 (1908) (“[T]he claims measure the invention.”).

Patent Law 120

Patent Law Law Patent Invention 120

Patently-O

APRIL 29, 2024

by Dennis Crouch Ikorongo Technology has filed a petition for certiorari asking the Supreme Court to overturn the Federal Circuit’s heightened disclosure standard for the “same invention” requirement in reissue patents. The petitioner argues that the Federal Circuit’s test, established in Antares Pharma, Inc.

Invention 71

Invention Patent Law Technology 71

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. Mangrove Partners Master Fund, No.

Patent Law 73

Patent Law Law Patent Art 73

JD Supra Law

JANUARY 25, 2024

An AI system cannot be named as the inventor in a UK patent application – the inventor(s) must be human. Technical developments created by AI cannot be ‘inventions’ within the meaning of UK patent legislation. UK patent law does not allow patents to be granted in respect of inventions made autonomously by machines.

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Inventor Invention Patent Application Patent Law 67

Patently-O

OCTOBER 10, 2022

Today in Patent Law Class, we covered the Supreme Court’s important decision in Markman v. 370 (1996) focusing on the question of whether the patentee has a 7th Amendment right to have a jury decide “genuine factual disputes about the meaning of a patent?” by Dennis Crouch. Westview Instruments, Inc.,

Patent Law 97

Patent Law Law Patent Invention 97

JD Supra Law

FEBRUARY 14, 2024

The United States Patent and Trademark Office (USPTO) has recently set a course for the intellectual property landscape with its further guidance on AI-assisted inventions, as outlined in the Federal Register notice. By: Brooks Kushman P.C.

Invention 64

Invention Intellectual Property Patent Law Trademark 64

Patently-O

MARCH 11, 2022

DABUS created two separate inventions — a “Neural Flame” and “Fractal Container.” Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind. Thaler created an AI system that he calls DABUS. Thaler Brief.

Inventor 126

Inventor Patent Law Law Patent 126

JD Supra Law

JULY 2, 2023

The Chinese Patent Law, specifically Article 24, prescribes that an invention-creation for which a patent is applied does not lose its novelty where, within six months before the date of filing, one of the following events occurred: (1) where it was first made public for public interest when the country is in an emergency or an abnormal state; (2) (..)

Patent Law 52

Patent Law Law Patent Invention 52

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.

Invention 59

Invention Inventor Patent Registration 59

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.

Patent Law 52

Patent Law Law Intellectual Property Patent 52

Patently-O

AUGUST 5, 2022

Patent Law, because the U.S. Patent Act was amended in 2011 to expressly require that inventors be “individuals.” In its newest decision on the topic, the Federal Circuit declares instead, for the purposes of patent law, an inventor must be human. The word individual is important for U.S. 35 U.S.C. § 100(f) (2022).

Invention 99

Invention Inventor Patent Law Patent 99

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

Patent Law 94

Patent Law Law Inventor Patent 94

JD Supra Law

DECEMBER 7, 2023

Generative artificial intelligence (AI) has the remarkable ability to develop novel solutions to problems, and patent law has historically protected those solutions. Under current statutes and jurisprudence, however, only humans can invent new and useful devices that receive patent protection.

Invention 72

Invention Patent Patent Law Law 72

Patently-O

SEPTEMBER 20, 2021

That provision states that an individual’s capacity to sue is determined by “the law of the individual’s domicile.” In patent law, we also have the “ Kessler doctrine,” which sits between the two. Hu’s inventions, for instance, cover various ways to make use of quantum entanglement.

Patent Law 104

Patent Law Law Patent Art 104

Biswajit Sarkar Copyright Blog

SEPTEMBER 25, 2023

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.

Invention 59

Invention Patent Intellectual Property Technology 59

Patently-O

APRIL 23, 2024

Patent and Trademark Office announced the winner of this year’s National Patent Application Drafting Competition (NPADC), the University of Missouri-Kansas City School of Law. I would encourage any law student interested in pursuing a career in patent prosecution to consider participating in the competition next year.

Patent Application 95

Patent Application Law Patent Prosecution Patent 95

JD Supra Law

JULY 6, 2023

Over the last several weeks, lobbying organizations and high-tech blogs have been slowly introducing the same old false, misleading, and deceptive arguments against patent law.

Patent Law 58

Patent Law Law Patent Invention 58

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.”

Invention 57

Invention Art Patent Designs 57

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]

Patent Law 52

Patent Law Law Patent Intellectual Property 52

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.

Patent Law 40

Patent Law Law Patent Invention 40

Patently-O

APRIL 8, 2024

By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. The case involved a patent infringement suit over an improved vacuum tube used in radio communications. Background The patent at issue, U.S. General Electric Co. , 571 (1931).

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Invention Art Patent Television 62

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.

Patent Law 137

Patent Law Patent Inventor Invention 137

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).

Patent Law 95

Patent Law Law Patent Litigation 95

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.

Invention 124

Invention Patent Patent Law Law 124

The IPKat

JANUARY 24, 2023

This Kat is delighted to review “ A Practitioner’s Guide to European Patent Law: For National Practice and the Unified Patent Court ” (Hart Publishing, 2022, 664 pp.). The book consists of seventeen chapters, mainly on substantive law, but it also addresses certain procedural matters and questions of international private law.

Patent Law 86

Patent Law Law Patent Editing 86

The IPKat

AUGUST 11, 2023

PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. Sceptical Kat Has DABUS invented?

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Inventor Invention Law Ownership 52

The IPKat

AUGUST 4, 2023

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.

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Invention Art Patent Reporting 98

JD Supra Law

MAY 25, 2023

21-757 dealt with patent law’s “enablement” requirement. Sanofi, U.S., Justice Gorsuch delivered the opinion for a unanimous Court.

Patent Law 52

Patent Law Law Patent Invention 52

Patently-O

DECEMBER 5, 2021

Crunch admits that all of the elements of his invention were individually available in the prior art. In particular, mini-trampolines with handles were already available, as were touch screens for displaying real-time instructions.

Patent Law 111

Patent Law Law Patent Art 111