The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

Litigation 82

Litigation Law Patent Invention 82

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.

Invention 64

Invention Intellectual Property Patent Application Patent Law 64

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.

Invention 128

Invention Patent Inventor Intellectual Property 128

The IPKat

JANUARY 5, 2022

The EPO Guidelines for Examination require the description of a patent application to summarise the background art ( F-II-4.3 ). The Opposition Division further found that by introducing this subjective statement, the applicant had effectively introduced a disclaimer into the description.

Art 113

Art Patent Application Patent Invention 113

Patent Trademark Blog

MARCH 28, 2022

So we asked ourselves the following question: What can we do to make utility patents more affordable? What would make patents more accessible to potential clients? Some law firms are more focused on IP litigation while others, such as our firm , are heavily focused on filing patents and trademarks.

Patent 94

Patent Patent Application Invention IP 94

The IPKat

AUGUST 16, 2023

Patents Image from Pixabay Rose Hughes reflected on the patent applications filed by Dr Thaler, which claim inventions purportedly invented by the AI machine, DABUS. Trademarks Marcel Pemsel discussed the recent Jägermeister litigation in Austria and Germany.

Invention 52

Invention Inventor Branding Brands 52

IPilogue

MAY 31, 2022

Google’s contribution to the US patent system. Healthy patent systems can sometimes be described as a way to incentivize creative inventions, encourage building on existing ideas, and avoid frivolous litigation. Concern with the US patent system. Google also helped discover the License on Transfer Network.

Patent Troll 118

Patent Troll Patent Litigation Invention 118

SpicyIP

NOVEMBER 30, 2023

The nuances of Section 3(d) continue to plague and please litigants, depending on which side of it they end up falling. Patent applications are often filed as soon as a potential invention is noticed, while clinical trials take years to complete.

Patent Prosecution 72

Patent Prosecution Patent Application Invention Patent 72

IPilogue

FEBRUARY 7, 2023

A patent protects your intangible property from others’ use, but what happens when patent protection operates in a way that ensures no other innovators can build upon a patented invention? Here we see IP and competition law colliding with blocking patents wielded as an anti-competitive tool.

Patent 105

Patent Invention Patent Application Marketing 105

SpicyIP

MAY 10, 2023

Justice Singh further writes about the preferred appeals against the rejection orders wherein the Controller’s analysis on “inventive step” was not clear, and about the cases where re-grant oppositions were disposed of within an extremely short span of time. 965/DELNP/2006 and the patent office’s rejection order (dt.

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Trademark Invention Patent Art 126

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

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 7, 2021

In the August 2021 edition of our monthly Texas Patent Litigation Monthly Wrap-Up, we cover a case concerning the doctrine of prosecution laches. After the jury trial in March, 2021, the jury found unanimously that Apple infringed at least one of the claims 13, 14, 15, or 16 of the ’091 Patent. Apple, Inc. , August 2021).

Litigation 52

Litigation Patent Patent Application Technology 52

Kashishipr

MAY 25, 2022

A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process. Types of Patent Search.

Patent 78

Patent Patent Application Inventor Invention 78

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). A patent is territorial in nature.

Patent 52

Patent Invention Patent Application Government 52

TraskBritt Intellectual Property

MARCH 30, 2021

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” The Tesla laser patent application also considers using the technology to clean debris from photovoltaic solar panels. Steps to Obtain a Patent. Solvay S.A.

Patent Application 52

Patent Application Patent Invention Inventor 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.

Inventor 110

Inventor Invention Art Patent 110

IP Watchdog

APRIL 20, 2022

Germany’s Federal Patent Court has set aside a decision by the country’s Patent and Trademark Office (DPMA) that refused a patent application naming an artificial intelligence (AI) as the inventor. The application was filed on October 17, 2019, and is titled “Food Container”. It named the applicant as Stephen L.

Inventor 130

Inventor Patent Application Invention Publishing 130

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

Intellectual Property Law Blog

DECEMBER 15, 2023

Allgenesis also asserted settlement conversations as evidence of a likelihood of litigation for patent infringement when Allgenesis brings its product to market. However, the Federal Circuit rejected this argument and determined that Allgenesis did not establish that the Board’s decision will have preclusive effect.

Marketing 162

Marketing Marketing Settlement Patent 162

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.

Law 109

Law Patent Invention Intellectual Property 109

Patently-O

OCTOBER 4, 2021

As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued.

Art 126

Art Journalism Patent Law Invention 126

SpicyIP

JULY 13, 2023

Image from here Issues related to patent quality are pressing and worrying, even a standard measure of monitoring patent quality has been difficult. Of late, even in the EU, there has been an increased focus on the quality of patents in response to the rise of business models centered around patent litigation.

Patent Application 95

Patent Application Invention Designs Design 95

Kashishipr

DECEMBER 28, 2021

FTO agreements have now become common in certain sectors, particularly the IT sector, where there is extensive Patent Filing and risks involved in commercialization are being blocked by a competitor who holds a patented technology incorporated within some product. Seeking Patent Protection for the Technology.

IP 105

IP Patent Invention Licensing 105

LexBlog IP

JULY 31, 2023

He suggests that the standard might need to change in instances where AI is used for patent examination, as what is “obvious” to an AI might not be obvious to a human. Impact on Patent Litigation and Licensing : Yuri predicts that AI could reduce the number of contested patents and therefore the amount of litigation.

Law 52

Law IP Intellectual Property Intellectual Property Law 52

IP Watchdog

SEPTEMBER 23, 2022

The written description requirement is really the backbone of the quid pro quo between the public and the patent applicant. In exchange for information about an invention, society is willing to grant the applicant a patent, which conveys exclusive rights for a limited period of time to what is claimed, not described.

Invention 69

Invention Patent Patent Application Technology 69

IP Watchdog

SEPTEMBER 7, 2021

Dr. Stephen Thaler (DABUS’s creator and owner) filed patent applications on these inventions that were filed around the world, listing Thaler as the applicant and listing only DABUS as the inventor.

Inventor 117

Inventor Patent Invention Patent Application 117

Patent Trademark Blog

JUNE 20, 2023

The argument is that flat rate patent lawyers would be tempted to do less work for a fixed fee. Patent lawyers may be tempted to bill more hours in working on a patent application. This principle applies whether the work is coming from a hourly or flat rate patent attorney.

Patent Application 52

Patent Application Patent Art Designs 52

IP Watchdog

JANUARY 21, 2024

As reported on IPWatchdog, the UK Supreme court recently ruled that a trained neural network (an Artificial Intelligence known as DABUS) could not be listed as the inventor on two patent applications filed by Dr. Stephen Thaler at the UK Intellectual Property Office (UKIPO).

Inventor 59

Inventor Intellectual Property Patent Application Invention 59

Patently-O

OCTOBER 4, 2021

As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued.

Journalism 105

Journalism Art Patent Law Invention 105

SpicyIP

JULY 25, 2023

Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Section 3 of the Patents Act, 1970 is the key section on “patent eligibility” and lists out what are not “inventions”. For mRNA, sections 3(c), 3(d), 3(i) and 3(j) are of relevance.

Patent 97

Patent Invention Litigation Law 97

IP Intelligence

AUGUST 9, 2022

Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. While the Patent Act does not define “individual,” the Circuit relied on a previous U.S.

Inventor 52

Inventor Patent Invention Patent Application 52

IP.com

JANUARY 29, 2024

Over the last decade, the total annual patent applications submitted to the United States Patent and Trademark Office (USPTO) each year is over 600,000 applications. The fastest patent review process time is 6-12 months if fast-tracked via Track One , with the average taking up to 22 months.

Inventor 52

Inventor Patent Application Patent Technology 52

LexBlog IP

AUGUST 9, 2022

Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. who invented or discovered the subject matter of the invention” (emphasis added).

Inventor 52

Inventor Invention Patent Patent Application 52

LexBlog IP

JUNE 9, 2022

In order to obtain a design patent, the applicant must file a patent application. The patent application consists of a set of detailed drawings of all views of the article showing the design. If a design patent application is allowed, the design patent has a term of 15 years from the date the patent issues.

Design Patent 52

Design Patent Designs Design Patent 52

The IP Law Blog

JUNE 9, 2022

In order to obtain a design patent, the applicant must file a patent application. The patent application consists of a set of detailed drawings of all views of the article showing the design. If a design patent application is allowed, the design patent has a term of 15 years from the date the patent issues.

Design Patent 52

Design Patent Designs Design Patent 52

IP Watchdog

OCTOBER 12, 2021

Companies, universities, and inventors world-wide noted the importance of AI and began seeking to patent various aspects of AI technology. Until 2018, these patent applications identified a human inventor who invented a particular aspect of the AI technology.

Inventor 75

Inventor Patent Application Invention Technology 75

LexBlog IP

SEPTEMBER 16, 2022

” [1] His point was simple and well taken—every invention is a combination of something old. ” That is, inventions that yield predictable results are far less likely to be considered patentable. But inventions that yield unexpected results are more likely to overcome these arguments of predictability.

Invention 52

Invention Patent Application Patent Art 52