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Legal Lessons from Holiday Lights: Clarity in Patent Drafting

LexBlog IP

This jolly invention lights up each branch individually, featuring a central bus wire nestled near the trunk, branching into 5 to 10 light circuits, each sporting 10 to 20 bulbs. 7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S. patent law.

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EPO Decisions – The Not So Holy Grail?

SpicyIP

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.

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Tesla’s Lasers on Vehicle Patent

TraskBritt Intellectual Property

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.

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Unambiguous disclosure without patent profanity (T 2171/21)

The IPKat

US patent attorneys wishing to understand certain peculiarities of European patent drafting need look no further than the recent Board of Appeal decision in T 2171/21. However, the EPO has a particularly narrow definition of what it means for subject matter to have been “disclosed in the application as filed”.

Patent 108
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Adding matter by cherry-picking from separate embodiments: Philip Morris v BAT ([2023] EWHC 2616 (Pat))

The IPKat

The case thus reaffirms the need for careful drafting of international patent applications in order to circumvent, as much as possible, the potential for invalidity due to the strict added matter standard in Europe and the UK. Final thoughts: Added matter versus patent profanity? PM argued that the amendment added matter.

Invention 112
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ChatGPT and Intellectual Property (IP) related Topics

LexBlog IP

Marshall Gerstein’s practice areas include patents, trademarks, copyrights, trade secrets, and related litigation, as well as IP licensing, counseling, and transactions. Patents: Inventorship Can an AI, such as ChatGPT, invent? No, according to various patent offices and patent laws around the world.

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White House Directs Copyright Office and USPTO to Provide Guidance on AI-Related Issues

Trading Secrets

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.