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.” Claims: 1.

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Invention Art Patent Designs 58

Patently-O

SEPTEMBER 20, 2021

So far, the Supreme Court has not granted certiorari in any patent cases for its 2021-2022 Term. Tormasi is a convicted murderer and also a patentee seeking to enforce his disk-drive patent. That provision states that an individual’s capacity to sue is determined by “the law of the individual’s domicile.”

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Patent Law Law Patent Art 105

The IP Law Blog

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? Patent Appl. Thaler, assignee, filed U.S. 16/524,350 (“the ’350 Appl.”)

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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 128

LexBlog IP

JANUARY 31, 2023

PatentNext Summary: Software and computer-implemented inventions (CII) have experienced explosive growth in recent years. This article looks at laws of jurisdictions in Southeast Asia, comparing the status of enforcement and protection of software and CII in various Southeast Asia countries. or by telephone at +65 6956 9943.

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Invention Patent Intellectual Property IP 52

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? Who can file a patent application?

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Patent Inventor Invention Intellectual Property 92

IPilogue

JUNE 2, 2022

Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor.

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Invention Ownership Intellectual Property Inventor 111

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.

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Patent Application Law Patent Prosecution Patent 96

Patent Trademark Blog

FEBRUARY 15, 2023

Will arguments be necessary in your utility patent application? Nine out of ten utility patent applications will get rejected at least once. So, yes, arguments will be required in the vast majority of utility patent applications. Many will get rejected multiple times. Examiners are human. at least for now.

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Patent Application Patent Art Invention 98

IP Watchdog

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) today released guidance for determining inventorship of artificial intelligence (AI)-assisted inventions.

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Invention Patent Law Patent Trademark 64

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

Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. Why file a patent before publicly disclosing your invention?

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Patent Application Patent Invention Inventor 52

Patently-O

APRIL 24, 2023

Vidal , a case involving inventor Dr. Stephen Thaler’s attempt to patent an invention created by his artificial intelligence (AI) system, DABUS. Thaler argued that DABUS, not himself or any other human, conceived the invention and identified its significance.

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Inventor Patent Invention Patent Application 88

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. Alice Corp.

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Patent Invention Patent Application Intellectual Property 98

Patently-O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. Prior Patently-O Patent L.J.

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Journalism Trademark Patent Patent Law 55

IP Law 360

APRIL 28, 2022

Patent law is about striking a balance, and the Restoring America Invents Act goes too far in the wrong direction, making it likely to weaken the rights of inventors and drive small companies out of business, say Russell Slifer at Schwegman Lundberg and Dana Colarulli at ACG Advocacy — both U.S. Patent and Trademark alums.

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Invention Inventor Patent Law Business 40

More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Patent? Patents protect inventions. What Is a Trademark?

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Intellectual Property Trademark Copyright Patent 52

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. What is an invention made in Spain? In this regard, article 115.1 of the LP).

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Invention Inventor Patent Application Due Diligence 52

LexBlog IP

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. Arguably, an AI system, which is a non-human, can also create or invent. But can an AI system be a named inventor on a patent? Patent Appl. Thaler, assignee, filed U.S. 16/524,350 (“the ’350 Appl.”)

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Inventor Invention Patent Application Patent 52

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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Inventor Patent Invention Patent Application 52

IP Watchdog

FEBRUARY 19, 2023

Patent and Trademark Office’s (USPTO’s) announcement early last week that it is requesting public comments on artificial intelligence (AI) and inventorship indicates that changes may eventually be implemented with respect to how the Office considers inventions created, or partially created, by AI machines.

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Invention Patent Patent Law Trademark 52

IPilogue

SEPTEMBER 14, 2022

v Canada (Attorney General) the Federal Court has addressed a long-standing complicated issue in patent law, computer-related subject matter. The Federal Court adopted a new 3-step framework for assessing patentable subject matter in electronics and computer-implemented inventions. In the case of Benjamin Moore & Co.

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Invention Patent Intellectual Property Inventor 105

IPilogue

JANUARY 10, 2022

Part 1: The Four Pillars of Patentability. Part 2: A Beginner’s Guide to Patenting Software and Artificial Intelligence. Part 3: Use It or Lose It: How to Acquire and Protect your Trademarks. CII, such as algorithms, are frequently deemed an abstract idea, and thus not suitable for patent protection.

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Invention Patent Intellectual Property IP 104

The IP Law Blog

JANUARY 13, 2022

Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. A patent protects an invention. The invention can be an article of manufacture, a machine, a process (such as software), or a composition of matter (like a chemical formula). The answer is: It depends.

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Patent Invention Patent Application Confidentiality 104

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. As the U.S. Copyright Office. Again, it depends.

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Confidentiality Invention Business Artistic Work 113

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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False Advertising Advertising Advertising Patent 114

LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. There have been some court decisions on this precise topic, but the law is not completely settled.

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Designs Design Trademark Copyright 52

Kashishipr

DECEMBER 8, 2021

It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions. However, a modified form of life may be considered a patentable subject matter. Whether or not Patents over Life Forms should be Granted?

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Patent Intellectual Property Invention Ownership 105

IP Law 360

JUNE 14, 2022

Patent and Trademark Office Director Kathi Vidal said Tuesday that it's time to consider the next big changes in patent law after the America Invents Act, while also pushing smaller agency changes through as soon as possible.

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Invention Patent Law Trademark Law 96

IPilogue

SEPTEMBER 15, 2022

2021-2022 was a big year for the Osgoode’s mooting team entry for the USPTO National Patent Application Drafting Competition. We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! About the National Patent Application Drafting Competition.

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Patent Application Patent Patent Drafting Invention 81

SpicyIP

JANUARY 30, 2024

As reported , Monish Gujral, the managing director at Moti Mahal says “ You cannot take away somebody’s legacy … The dish was invented when our grandfather was in Pakistan.” Is it about the exclusive right to use a trademark – “butter chicken” or the “look and feel” of a restaurant?;

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False Advertising Social Media Inventor Advertising 116

LexBlog IP

MAY 25, 2023

New Patent Trial and Appeal Board Decision Analysis by John DeStefano We are delighted to announce an important update to our 35 USC 101 Rejection Subject Matter Eligibility Database. This strategic enhancement offers the much-needed insight into how the USPTO interprets the scope of patent eligible subject.

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Intellectual Property Patent Intellectual Property Law Invention 52

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. 102, and are presumed to be enabling.

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Art Invention Patent Application Publishing 110

LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 171(a), design patent protection is permitted to “[w]hoever invents any new, original and ornamental design for an article of manufacture.” (Emphasis added).

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Design Patent Designs Design Patent Law 52

IPilogue

OCTOBER 21, 2021

This is a reminder that submissions to try out for the annual National Patent Application Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! About the Patent Drafting Competition. Invention statements will be released to teams on November 1, 2021. Team patent applications will be due on January 16, 2022.

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Patent Application Patent Drafting Patent Invention 81

IPilogue

OCTOBER 12, 2021

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! 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.

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Patent Application Patent Drafting Patent Invention 78

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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Art Journalism Patent Law Invention 126