Invention and Patent Drafting - Intellectual Property Pulse

Patent drafting steps

Larson & Larson

MAY 16, 2023

Patent drafting is a critical process that involves creating a written document that describes an invention and lays out the grounds for obtaining patent protection. Here are some key points to keep in mind when drafting a patent application: Start by understanding what type of patent protection you need.

Patent Drafting

Patent Drafting Patent Invention Patent Application

Could your patent be invalid if your attorney uses AI in the drafting process?

JD Supra Law

JANUARY 19, 2024

During the patent drafting process, the human inventors meet with the patent attorney to describe the invention. In this meeting, the patent attorney learns the bounds of the invention, and when drafting the patent application, “fills in the gaps” to…. The Federal Circuit held in Thaler v.

Patent Drafting

Patent Drafting Inventor Invention Patent

Legal Lessons from Holiday Lights: Clarity in Patent Drafting

LexBlog IP

DECEMBER 21, 2023

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. When drafting, every Claus should be as clear and bright as a well-lit Christmas tree, ensuring no room for legal Grinches to steal your festive invention.

Patent Drafting

Patent Drafting Patent Invention Inventor

[Audio] How to Write a Technical Disclosure for Patent Drafting

JD Supra Law

JULY 13, 2022

The technical disclosure should contain the following contents, technical background, purpose of the invention, technical solutions, embodiments, technical effects, alternative solutions, and references. Technical Background The technical background allows the attorney to know the present invention's background and.

Patent Drafting

Patent Drafting Inventor Invention Patent

Use of large language models in the patent industry: A risk to patent quality?

The IPKat

OCTOBER 2, 2023

If you are looking for a tool capable of generating meaningful verbal reasoning in the form of a patent draft or office action response, anything predating LLMs may therefore be reasonably ignored. LLMs for patent drafting and prosecution Superficially, patent drafting and prosecution therefore seems to be an ideal use case for LLMs.

Patent Drafting

Patent Drafting Patent Invention Technology

AI Visualize and the Eligibility of Innovative AI Systems

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? Therefore, that limitation could not supply the inventive concept required to transform the claims into patent-eligible subject matter. 4th __ (Fed.

Invention

Invention Technology Patent Drafting Patent

REMINDER: Tryouts for the USPTO National Patent Application Drafting Competition Team – DEADLINE TOMORROW

IPilogue

OCTOBER 21, 2021

Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise in a Word document with your name in the file name to iposgoode@osgoode.yorku.ca. About the Patent Drafting Competition. Invention statements will be released to teams on November 1, 2021.

Patent Application

Patent Application Patent Drafting Patent Invention

CALL FOR TRYOUTS – USPTO National Patent Application Drafting Competition

IPilogue

OCTOBER 12, 2021

Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise by 3 pm on Friday, October 22, 2021. About the Patent Drafting Competition. Invention statements will be released to teams on November 1, 2021.

Patent Application

Patent Application Patent Drafting Patent Invention

The Language of Patents (Part I): Equipping Patent Applications for Pre-and Post-Grant Success

IP Watchdog

SEPTEMBER 28, 2022

Such an interpretation can block the patentability of the claim in the absence of evidence that the examiner’s interpretation of the claim is not reasonable.

Patent Application

Patent Application Patent Patent Drafting Invention

CALL FOR TRYOUTS – USPTO National Patent Application Drafting Competition

IPilogue

SEPTEMBER 15, 2022

Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise by 3 pm on Friday, September 23, 2022. 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. .

Patent Application

Patent Application Patent Patent Drafting Invention

Patent – a shield for modern biotechnology

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. What is patent? Essentially, it protects the functional aspects of inventions.

Patent

Patent Inventor Invention Intellectual Property

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

Intellectual Property Law Blog

SEPTEMBER 8, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).

Patent

Patent Patent Application Invention Art

Jepson Claims

Patently-O

NOVEMBER 30, 2023

” The patent regulations indicate that any “improvement” invention should be drafted in Jepson format. I previously wrote: Jespon claims are so nice to read because they actually spell out what has been improved by the invention. 37 CFR § 1.75.

Art

Art Invention Patent Drafting Patent

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Two Of Three

Intellectual Property Law Blog

SEPTEMBER 1, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).

Patent

Patent Patent Application Technology Invention

Patents and Large Language Models

Biswajit Sarkar Copyright Blog

OCTOBER 11, 2023

One of the concerns involving their use in preparing patent applications is the accuracy and completeness of the generated invention descriptions. LIMITATIONS TO THE USE OF LLMs LLMs are only helpful when given the points of argument in the form of prompts, only then can they produce lengthy argumentative texts.

Patent

Patent Patent Application Patent Drafting Invention

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part One Of Three

Intellectual Property Law Blog

AUGUST 25, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).

Patent

Patent Invention Patent Application Patent Drafting

Patent Search Techniques And Tools

Intepat

JANUARY 21, 2023

An invention becomes patentable when it is novel, has an inventive step or is non-obvious. In order to determine whether a particular invention satisfies these preconditions set forth under the Patents Act 1970, it is imperative that an applicant carries out a thorough patent search.

Patent

Patent Invention Inventor Publishing

What Does it Mean to be an Inventor? The Inventor Diary Project and Kicking off the Diversity Pilots Initiative Blog Series

Patently-O

APRIL 26, 2023

Today, on World IP Day, this post shares the often-overlooked personal journeys of invention that patent professionals play a crucial role in, by encouraging idea submission, collaborating with engineers and innovators, managing outside counsel, and in patent drafting, prosecuting claims, patent examining, and studying and teaching patenting.

Inventor

Inventor Blogging Invention IP

Narrowing the Analogous Arts with a Problem-Solution Statement

Patently-O

SEPTEMBER 11, 2023

This case also raises questions about the value of explicitly stating the problem solved within the patent document, and perhaps directly in the patent claims. The statutory obviousness test requires a comparison of the claimed invention and the prior art from the perspective of a person having ordinary skill in the art (PHOSITA).

Art

Art Invention Patent Drafting Patent

EPO Decisions – The Not So Holy Grail?

SpicyIP

JULY 13, 2023

One of the other main concerns raised by IPQC members is that, currently, the patent examination seems to be more biased in the favour of granting patents regardless of the merit of a particular invention. – The patent system needs complete searches and substantive examination for functioning well.

Patent Application

Patent Application Invention Designs Design

Full Patent Protection vs. a Provisional Patent Application

TraskBritt Intellectual Property

MAY 27, 2021

However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? A provisional patent application allows a patent applicant to reserve priority in an invention before committing to the full utility patent application process.

Patent Application

Patent Application Patent Invention Inventor

How long does it take to get a patent in 2021? And what about COVID-19?

TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Patentability Search. COVID Update.

Patent Application

Patent Application Patent Invention Patent Prosecution

It’s All in the Hardware: Overcoming 101 Rejections in Computer Networking Technology Classes

IP Watchdog

SEPTEMBER 3, 2021

Technologies such as computer networking, which, unlike software inventions, typically incorporate at least some hardware elements, may be less vulnerable to rejection under the U.S. Supreme Court’s decision in Alice v. However, responding to these rejections when they are issued still requires some finesse.

Technology

Technology Invention Patent Drafting Patent Prosecution

Tesla’s Lasers on Vehicle Patent

TraskBritt Intellectual Property

MARCH 30, 2021

Filing a patent application first requires an invention. An invention includes both (1) conception and (2) reduction to practice. Conception is the formation, in the mind of the inventor, of a definite and permanent idea of a complete and operative invention. Solvay S.A. Honeywell International , 742 F.3d For example.

Patent Application

Patent Application Patent Invention Inventor

The IPKat’s 20th Birthday Conference Reports – Part 4

The IPKat

JUNE 10, 2023

One argument in favour of the UK doctrine of equivalents is that it achieves a fair outcome for what is invented despite what is claimed, but Darren pointed out that the patentee is responsible for patent drafting, and adopting the UK doctrine of equivalents puts a price on the third party.

Reporting

Reporting Invention Patent Drafting Patent

The Tragic Tale of the Abandoned Jack-O-Lantern Display Stand

LexBlog IP

OCTOBER 31, 2023

Venturing into the patent archives reveals a plethora of Halloween-inspired inventions, highlighting the seamless blend of creativity and business during this eerie season. Today we descend into the cryptic catacombs of patent drafting to exhume a narrative of innovation entangled in a web of woes.

Inventor

Inventor Patent Drafting Patent Application Invention

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

LexBlog IP

SEPTEMBER 8, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. Part One can be viewed here. Part Two can be viewed here. Part Three.

Patent Application

Patent Application Patent Invention Art

Are diagnostic methods patentable?

The IPKat

NOVEMBER 1, 2021

Whilst patenting a diagnostic method in the US remains challenging following the infamous decision in Mayo , other jurisdictions have, by contrast, recently confirmed their willingness to recognise the patentability of diagnostic inventions.

Patent

Patent Invention Patent Drafting Intellectual Property

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part One Of Three

LexBlog IP

AUGUST 25, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. 2020-005406 (PTAB Feb.

Patent

Patent Invention Patent Application Intellectual Property

Micro Entity Status: Qualifying to Reduce Patent Fees

LexBlog IP

MARCH 23, 2022

Micro entity status is a newer status, introduced under the America Invents Act Leahy-Smith America Invents Act (“AIA”) in 2011 as an effort to reduce the cost of patenting for small businesses and individual inventors. At Founders Legal, we offer a variety of cost-efficient patent services for clients of all sizes.

Higher Education

Higher Education Patent Inventor Patent Application

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Two Of Three

LexBlog IP

SEPTEMBER 1, 2021

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. Part One can be viewed here.

Patent

Patent Patent Application Invention Technology

How to review a draft patent application and provide useful comments

Patent Trademark Blog

JULY 30, 2021

What types of patent review comments are less important? Avoid spending too much time reviewing the background of the invention. How should you review patent drawings? Patent drawings enable you to claim features that help distinguish your invention from the prior art.

Patent Application

Patent Application Editing Patent Design Patent

Unambiguous disclosure without patent profanity (T 2171/21)

The IPKat

DECEMBER 20, 2023

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. The case law relating to pointers and selection inventions is well established CLBA, II-E-1.6.2c) ).

Patent

Patent Invention Patent Drafting Patent Application

Patent Prior Art Search

Biswajit Sarkar Copyright Blog

MARCH 6, 2024

This means that an invention should not be anticipated by documents, products, or publications in the country or elsewhere before the priority or filling date of the patent application, whichever is earlier. Prior art search determines the merits of patent applications. It is not necessary for all the technologies to be novel.

Art

Art Patent Public Domain Invention

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

The IPKat

OCTOBER 30, 2023

PM sought revocation of the patent, and BAT counterclaimed infringement of the patent by PM's heat-not-burn IQOS ILUMA device. During proceedings, BAT submitted an amendment to the claims in an attempt to overcome invalidity for inventive step. Final thoughts: Added matter versus patent profanity?

Invention

Invention Patent Application Patent Drafting Patent

Double Patenting in Canada

LexBlog IP

FEBRUARY 22, 2024

Similar to other jurisdictions, a patent in Canada is granted for one invention only. Accordingly, in instances where multiple inventions are claimed in a single application, it may be necessary to parse out the inventions and protect them by filing divisional applications.

Patent

Patent Invention Patent Drafting Inventor

The Analogous Art Doctrine Post-KSR: Insights from the Federal Circuit’s Daedalus Decision

Patently-O

MARCH 13, 2024

The law of analogous art is a critical concept in determining the obviousness of an invention under 35 U.S.C. § Even if a reference qualifies as prior art under Section 102, it can only be relied upon for an obviousness rejection if it is considered “analogous” to the invention at issue. 4th 1352 (Fed.

Art

Art Invention Inventor Patent

ChatGPT and Intellectual Property (IP) related Topics

LexBlog IP

MARCH 27, 2023

Patents: Inventorship Can an AI, such as ChatGPT, invent? No, according to various patent offices and patent laws around the world. Patent law, the term “inventor” is defined as an “individual” or “individuals” who “invented or discovered the subject matter of the invention.”

Intellectual Property

Intellectual Property IP Inventor Copyright

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

Trading Secrets

NOVEMBER 2, 2023

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.

Copyright

Copyright Intellectual Property Fair Use IP

Schemes, Policies And Programmes For Patent Facilitation

IIPRD

MAY 10, 2020

National Research Development Council(NRDC) was established by the Government of India with the primary objective to promote, develop and commercialize the technologies, inventions, patents, processes emanating from various R&D institutions or universities and is presently working under the Department of Scientific & Industrial Research.

Intellectual Property

Intellectual Property Patent Government Technology

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

LexBlog IP

NOVEMBER 2, 2023

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.

Copyright

Copyright Intellectual Property Fair Use IP

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

LexBlog IP

NOVEMBER 1, 2023

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.

Copyright

Copyright Intellectual Property Fair Use IP

Patent drafting steps

Could your patent be invalid if your attorney uses AI in the drafting process?

Trending Sources

Legal Lessons from Holiday Lights: Clarity in Patent Drafting

[Audio] How to Write a Technical Disclosure for Patent Drafting

Use of large language models in the patent industry: A risk to patent quality?

AI Visualize and the Eligibility of Innovative AI Systems

REMINDER: Tryouts for the USPTO National Patent Application Drafting Competition Team – DEADLINE TOMORROW

CALL FOR TRYOUTS – USPTO National Patent Application Drafting Competition

The Language of Patents (Part I): Equipping Patent Applications for Pre-and Post-Grant Success

CALL FOR TRYOUTS – USPTO National Patent Application Drafting Competition

Patent – a shield for modern biotechnology

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

Jepson Claims

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Two Of Three

Patents and Large Language Models

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part One Of Three

Patent Search Techniques And Tools

What Does it Mean to be an Inventor? The Inventor Diary Project and Kicking off the Diversity Pilots Initiative Blog Series

Narrowing the Analogous Arts with a Problem-Solution Statement

EPO Decisions – The Not So Holy Grail?

Full Patent Protection vs. a Provisional Patent Application

How long does it take to get a patent in 2021? And what about COVID-19?

It’s All in the Hardware: Overcoming 101 Rejections in Computer Networking Technology Classes

Tesla’s Lasers on Vehicle Patent

The IPKat’s 20th Birthday Conference Reports – Part 4

The Tragic Tale of the Abandoned Jack-O-Lantern Display Stand

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

Are diagnostic methods patentable?

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part One Of Three

Micro Entity Status: Qualifying to Reduce Patent Fees

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Two Of Three

How to review a draft patent application and provide useful comments

Unambiguous disclosure without patent profanity (T 2171/21)

Patent Prior Art Search

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

Double Patenting in Canada

The Analogous Art Doctrine Post-KSR: Insights from the Federal Circuit’s Daedalus Decision

ChatGPT and Intellectual Property (IP) related Topics

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

Schemes, Policies And Programmes For Patent Facilitation

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

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

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