The IPKat

SEPTEMBER 10, 2023

The minutes are brief but confirm the Board of Appeal's decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. The inventive step of the claimed invention was acknowledged based on the post-published data submitted by the Patentee. How many moths needed for an invention?

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SpicyIP

MAY 16, 2024

Image by freepik The recent decision of the Indian Patent Office in Suman Das v. Arcelormittal (Application no. Here, Arcelormittal’s patent application was for a method of producing a specific type of steel sheet. Here, Arcelormittal’s patent application was for a method of producing a specific type of steel sheet.

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Larson & Larson

NOVEMBER 30, 2022

Crafting a patent application is a key step in helping to ensure that your business is safe from outside competition. In this post, we’ll take a deep dive into what goes into drafting a patent application and how to make the most of your efforts while doing so. What can and cannot be patented.

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Patent Application Patent Invention Business 40

Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. See my 2014 post. Amgen Inc. Hoechst Marion Roussel, Inc. ,

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TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

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Intellectual Property Law Blog

FEBRUARY 25, 2021

As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these concepts. For more information, view our Flipbook. Data as of January 30, 2021 at USPTO.gov.

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LexBlog IP

AUGUST 28, 2023

PatentNext Takeaway: To date, the Federal Circuit has not reviewed many cases involving artificial intelligence (AI). Enablement of a claimed invention is one requirement of U.S. Patent Law (specifically 35 U.S.C. § Patent Application 15/299,124 (“the ‘124 application”).

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Patent Trademark Blog

MARCH 28, 2022

What if we adjust our initial filing patent cost to match your budget? Nearly every patent firm sets their own attorney’s fees and service rates. 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?

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Patent Patent Application Invention IP 94

Intellectual Property Law Blog

JUNE 20, 2023

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments. Part One of this series covers claim scope and inventorship.

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Kashishipr

JULY 28, 2021

The doctrine stipulates that the scope of a patent is not confined to the literal terms laid in the claims; instead, it embraces all the equivalents to the claims described in the said application. The doctrine embraces fairness while affording appropriate protection to the proprietor of the rights ensuing from the patent.

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Patent Application Patent Invention Art 59

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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Reporting Non-Fungible Tokens IP Intellectual Property 130

Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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Invention Patent Inventor Intellectual Property 127

Garrigues Blog

JUNE 22, 2021

In accordance with the Spanish Patent Law, the first application for a patent made in Spain must be filed at the Spanish Patents and Trademarks Office and penalties can be imposed in the event of the breach of this requirement. In this regard, article 115.1 In this regard, article 115.1

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Patently-O

APRIL 21, 2024

2024), gives me pause to consider more general eligibility issues of AI Inventions. When does the design or creation of AI system elements qualify as an eligible invention? Nikola Datzov wrote what we have all been thinking: “Innovative applications of AI are everywhere we look [and are] revolutionizing our society.”

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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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The IPKat

SEPTEMBER 15, 2021

The question of whether it should be possible to name artificial intelligence (AI) code as an inventor on a patent application continues to dog patent offices and courts around the world. The inventor of DABUS, Dr Thaler, claims that his AI invention has extraordinary powers (for a machine).

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LexBlog IP

MAY 20, 2022

PatentNext Summary: Artificial Intelligence (AI) Patent Application filings continue their explosive growth trend at the U.S. Patent Office (USPTO). At the end of 2020, the USPTO published a report finding an exponential increase in the number of patent application filings from 2002 to 2018.

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The IPKat

FEBRUARY 11, 2024

A key aspect of the Basic Proposal is an international disclosure requirement for patent applications (Article 3): For inventions based on genetic resources, applicants would be required to disclose the country of origin, or if that is unknown, the source of the genetic resources.

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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. Things that are not patentable (by judicial exceptions) include laws of nature, natural phenomena, and abstract ideas. On Monday this week, the Director of the U.S.

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Patent Invention Patent Application Intellectual Property 98

IPilogue

FEBRUARY 13, 2023

For the first time in decades, the US Supreme Court will engage with enablement in patent applications. Specifically, Amgen seeks to appeal a decision from the Federal Circuit , in which the court found Amgen’s patents invalid for lack of enablement. The requirement of enablement in US patent law is codified in 35 USC s.

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Patently-O

FEBRUARY 27, 2024

While these new guidelines are not legally binding, they offer important insight into how the Office plans to apply an even more flexible approach to obviousness — something Director Vidal sees as mandated by the Supreme Court’s 2007 decision in KSR Int’l Co. Reiterating the Central Role of Graham v. John Deere. John Deere Co.,

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Art Invention Patent Application Patent 120

Patently-O

APRIL 25, 2024

This question of who among lawyers, academics, or innovators reaches the next milestone in the progression of a career is relevant in many settings. Which professors publish in the top journals? And which innovators become inventors? Strikingly, participation rates for women at each step of this journey are significantly lower.

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Inventor Invention Patent Patent Application 62

SpicyIP

MARCH 20, 2024

In part I of the post we discussed the implication of the new patent amendment Rules on the obligation to file working statements and information on corresponding foreign applications to the Indian patent applications. And if the Controller accepts this, the patent applicant will be notified accordingly.

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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.

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Patent Application Invention Designs Design 95

Patent Trademark Blog

JUNE 20, 2023

Should you go with a flat rate patent attorney? Some argue that fixed fee patents do not provide a good value. 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.

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Patent Application Patent Art Designs 52

Larson & Larson

FEBRUARY 10, 2021

So you have a great idea for a product that you have been working on and you want to patent it; but what are your next steps moving forward? Successfully filing a patent application is critical in order to ensure that you have the sole rights to your invention and that your intellectual property is protected.

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Patent Application Patent Invention Intellectual Property 52

Patently-O

NOVEMBER 9, 2021

In the past 50 years, the Supreme Court has decided about 70 patent cases (depending upon how you count). The case was set-up as a showdown on questions of patent eligibility in the “highly esoteric field of computer technology.” The Patent Office rejected the claims, but the CCPA revived them. ” Id.

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LexBlog IP

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. AI patent activities by year. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development.

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Invention Patent Privacy Inventor 52

SpicyIP

AUGUST 1, 2021

In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Flexibility in Procedure or Bending Over Backwards for Higher Patent Filing? The recommendations on making procedural norms of patent filing less stringent are noteworthy.

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The IPKat

FEBRUARY 14, 2024

Patents Happy Valentine's Day from the IPKat! With the WIPO Diplomatic Conference fast approaching in May 2024, this Kat considered how the proposal for a disclosure of origin requirement in patent applications for inventions based on genetic resources compares with the recent law reform efforts in Australia and India.

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Editing Intellectual Property Copyright Patent Application 62

SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Image from here A ‘Captured’ Patent Office? Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office. Prashant Reddy T.

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Patent Patent Application Government Reporting 52

IPilogue

FEBRUARY 9, 2022

As the lifespan of first-generation turbines comes to an end, new decommissioning issues in the renewable energy sector is making room for new patent opportunities as well. Moreover, the physical remoteness of many infrastructure sites raises logistical challenges concerning the mobilization of equipment and resources. .

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Patent Patent Application Intellectual Property Technology 106

LexBlog IP

MAY 9, 2023

Patent applications are often filed at the last minute. Priority considerations force the application to be filed expeditiously to avoid statutory bars or catastrophic public disclosure issues. Unfortunately the requirement for a foreign filing license applies to every type of invention. What is a Foreign Filing License?

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Patently-O

AUGUST 24, 2023

By: Suzanne Harrison , Chair of the Patent Public Advisory Committee (PPAC) at the USPTO. So, for the 6 Pledgees that reported two years of data, we can see that focusing on increasing inclusivity in inventorship for women, led to an average increase of women on patent applications of 23%.

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Kashishipr

DECEMBER 28, 2021

The agreement enabled the three parties involved to obtain Freedom to Operate (abbreviated as FTO) , thereby authorizing one another to use some of their respective patented technologies without worrying about Patent Infringement. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

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Patently-O

APRIL 14, 2024

by Dennis Crouch As many of you know, I have done machine learning work for many years — starting in the 1990s while in college. On the Patently-O side, I have been honing my approach somewhat. In my patent prosecution class, the students are busy drafting a patent application. hallucinate).

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Blogging Patent Prosecution Patent Application Invention 57

Patently-O

NOVEMBER 22, 2023

The chart above shows a visualization of the percentage of issued patents that include means-plus-function (MPF) claims over time, with two separate estimates based on the wording used in the claims. ” The decline in MPF claims can be linked to several legal decisions and changes in patent doctrine.

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