JD Supra Law

JANUARY 10, 2024

As the use of artificial intelligence (AI) in developing new inventions and technologies becomes more prevalent, courts around the world are increasingly addressing whether new inventions developed by AI are eligible for patent protection. By: McCarter & English, LLP

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Invention Patent Technology 72

JD Supra Law

JULY 10, 2023

As AI technologies continue to evolve, the question of intellectual property protection becomes increasingly significant. Patents play a crucial role in safeguarding AI inventions and encouraging innovation in this rapidly advancing field. It is key to know that AI inventions have been examined and issued as U.S.

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Invention Patent Intellectual Property Technology 52

LexBlog IP

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. In compliance with section 5.2(c)(i)

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Invention Inventor Patent Patent Application 52

Patently-O

AUGUST 30, 2023

August 30, 2023) In a non-precedential opinion authored by Judge Pauline Newman, the Federal Circuit has affirmed USC IP Partnership’s asserted patent claims are all invalid. As per usual, the Federal Circuit analyzed patent eligibility under the two-step test set forth in Alice Corp. CLS Bank Int’l , 573 U.S. 208 (2014).

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Invention Technology IP Patent 73

Intellectual Property Law Blog

SEPTEMBER 29, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Telling a detailed story explaining the novelty of the invention instead of merely providing a high level description. On September 22, 2022, the U.S.

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Technology Trademark Patent Prosecution Patent 130

JD Supra Law

FEBRUARY 8, 2024

The evolution of artificial intelligence (AI) technologies has triggered a surge in the filings of patent applications, from machine learning models to applications of those models. patents (June 29, 2022) at 7. See USPTO, Artificial Intelligence (AI) trends in U.S. By: MoFo Tech

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Invention Patent Application Technology Patent 76

SpicyIP

NOVEMBER 8, 2023

Typically, biologics are produced from living cells with the exception of emerging technologies such as the mRNA platform. Since living cells and products of nature are often involved in these inventions, clarity regarding patent eligibility is becoming more important. CLS Bank Int’l. 3(e), in La Renon Health Care Pvt.

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Invention Patent Art Patent Law 69

Patently-O

JANUARY 28, 2024

by Dennis Crouch Ficep begins its petition for certiorari with a brilliant statement of how its patented steel manufacturing method has won numerous awards and complements for its innovative approach, been copied by competitors, and led to numerous successful sales. Ficep petition for certiorari. CLS Bank Int’l , 573 U.S. 208 (2014).

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Technology Invention Designs Design 80

LexBlog IP

NOVEMBER 27, 2021

As such, they concluded that the claims were not directed to patent-eligible subject matter. A ‘feature game’ is a secondary, or bonus, game triggered by the occurrence of a defined event in the ‘base’ game of spinning reels.)

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Invention Technology Patent Art 52

JD Supra Law

FEBRUARY 12, 2024

patent system is based upon a quid pro quo balance that incentivizes innovation via a time-limited patent exclusivity, while encouraging the dissemination of new ideas for public benefit and use upon expiration of the patented innovation. This has led to a lack of. By: Wilson Sonsini Goodrich & Rosati

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Invention Patent Technology Law 69

Intellectual Property Law Blog

SEPTEMBER 30, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Part One – Helpful Tips for Prosecuting Patents in the Biotechnology Space. On September 22, 2022, the U.S.

Technology 130

Technology Trademark Patent Prosecution Patent 130

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 57

Patently-O

APRIL 12, 2023

by Dennis Crouch A decade ago, the US Supreme Court issued a pair of decisions that upended substantial aspects of patent practice. Many thousands of patents have been denied or invalidated under the expanded doctrine. Patent Nos. Mayo Collaborative Servs. Prometheus Labs., 66 (2012); and Alice Corp. CLS Bank Int’l , 573 U.S.

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Technology Art Patent Invention 62

Intellectual Property Law Blog

JUNE 20, 2023

Unlike machine learning technology that merely classifies or predicts, generative AI creates. A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Part One of this series covers claim scope and inventorship. A common defect is claim scope.

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Patent Invention Art Patent Application 130

LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). 2022), and this release provides guidance regarding the open question of human inventorship for inventions developed by a person working with the assistance of an AI system. Vidal , 43 F.4th 4th 1207 (Fed.

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Invention Inventor Intellectual Property Law Intellectual Property 52

JD Supra Law

MARCH 4, 2022

The Patent Trial and Appeal Board issued a decision on February 28 awarding priority of invention of foundational CRISPR gene editing patents to the Broad Institute, Massachusetts Institute of Technology, and Harvard University. By: Morgan Lewis

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Editing Invention Patent Technology 98

SpicyIP

DECEMBER 26, 2023

In a judgement passed on May 15, the Delhi High Court despite noting the lack of clarity on the concepts of “technical effect” and “contribution” in the context of the patentability of Computer Related Inventions, declared that the subject invention had technical effects.

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Technology Licensing Designs Design 59

IP Watchdog

OCTOBER 23, 2021

There’s hardly any area in entrepreneurship today that deals with innovation more than intellectual property rights protection – in fact, cutting edge technology and inventions are at the core of the IP industry.

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Technology IP Intellectual Property Invention 133

The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v. And, nothing in the Act dictates the contrary conclusion.

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Invention Inventor Patent Moral Rights 98

JD Supra Law

JANUARY 5, 2024

Under certain circumstances, federal agencies have statutory authority to force inventors of patented technology developed with federal funding to grant licenses allowing others to practice the invention. This authority is known as “march-in.”

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Technology Inventor Invention Licensing 69

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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Inventor Invention Patent Patent Application 96

JD Supra Law

APRIL 4, 2024

The use of AI in bioinformatics and computational genomics innovations presents unique patentability issues that require specific considerations in any effective intellectual property (IP) strategy. As companies expand their understanding in these areas of technology, it is important that they take. By: Fish & Richardson

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Invention Intellectual Property Patent IP 49

IP Watchdog

APRIL 25, 2023

Patent and Trademark Office (USPTO) held its East Coast Listening Session on AI Inventorship today, featuring both USPTO staff and patent stakeholder speakers contemplating possible approaches to patenting in a world in which generative artificial intelligence (AI) almost seems to have snuck up on everyone.

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Invention Trademark Patent Inventor 131

IP Watchdog

APRIL 29, 2024

GlaxoSmithKline filed a four-count civil action for patent infringement in the United States District Court for the District of Delaware late last week seeking damages for Pfizer and BioNTech’s infringing manufacture, use, sale and marketing of both the original “monovalent” and “bivalent” Comirnaty COVID-19 vaccines.

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Patent Patent Infringement Invention Marketing 111

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

JD Supra Law

MARCH 22, 2024

In 2023, the Patent Trial and Appeal Board (PTAB) reversed examiners’ decisions in about 30% of appeals, and only in about 7% of appeals related to patent applications for business methods, which include financial technology (fintech) inventions. By: ArentFox Schiff

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Patent Application Patent Invention Business 72

IPilogue

SEPTEMBER 28, 2021

Apotex ], I have decided to look at precedence from around the world where courts have contemplated recognizing artificial intelligence (AI) technology as an “inventor.” However, this 2002 decision did not define whether AI technology can be an inventor. Australia: Thaler v Commissioner of Patents [2021] FCA 879.

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Technology Inventor Patent Patent Law 111

Patently-O

NOVEMBER 13, 2023

by Dennis Crouch Berkely Center for Law & Technology is hosting a great half-day virtual-conference this week: “AI as an Inventing Tool – it’s Implications for Patent Law” organized by Prof. Rob Merge s, Dr. Yuan Hao (PhD), and Prof. Colleen Chien.

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Patent Law Invention Law Art 67

IPilogue

MARCH 29, 2022

The 5 th Annual IP Data & Research Conference , organized by the Canadian Intellectual Property Office (“CIPO”) and the Centre for International Governance Innovation (“CIGI”), included a session on “Clean Technologies” about the status of Canada’s IP ownership and cleantech sector. Clean Technologies’ Economic Impact and Innovation.

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Technology IP Intellectual Property Ownership 122

JD Supra Law

JULY 28, 2023

Patent and Trademark Office to reject patent applications directed to biotechnology-related inventions, held (In re Brana) that utility of such inventions did not require demonstration of therapeutic effectiveness, those determinations being the purview of the FDA.

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Technology Invention Patent Application Trademark 98

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Biotechnology-the word suggests that this is biological advancement based on technology. 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.

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Patent Inventor Invention Intellectual Property 92

IPilogue

OCTOBER 24, 2022

Sonos achieved a major milestone in their Canadian patent battle against Google, which follows several rulings in favour of Sonos in their corresponding US litigation (previously published in the IPilogue here ). This case concerns the infringement of Claim 7 of Canadian Patent No. Claim 7 of the 150 Patent is valid. BACKGROUND.

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Technology Patent Invention Art 85

JD Supra Law

FEBRUARY 16, 2023

Generative artificial intelligence (AI) is quickly becoming a major force in the world of technology, with its ability to create new content and even replicate the styles of individual humans, including as a tool used by inventors in the creation of patent-eligible technology. By: Venable LLP

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Invention Inventor Technology Patent 101

LexBlog IP

MARCH 13, 2023

Combining Multiple Inventions in an Single Patent Application @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: However, is combining multiple related inventions into a single patent application worth the cost savings? important;}}@media screen and (max-width: 767px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display:

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Patent Application Invention Patent Licensing 52

Intepat

APRIL 19, 2023

INTRODUCTION As technology continues to evolve at an unprecedented pace, Computer-Related Inventions (CRIs) have become a crucial component of modern innovation. The Patents Act, 1970, provides for the protection of CRIs, but there has been significant debate over the years regarding the patentability of such inventions in India.

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Invention Intellectual Property Patent Copyright 52

JD Supra Law

APRIL 22, 2024

On April 17, 2024, I had the honor of moderating an online panel entitled “Promoting Inventor Equity in Patenting”—part of the OHSU Innovates series hosted by the OHSU Technology Transfer office and OHSU Collaborations and Entrepreneurship team. By: Schwabe, Williamson & Wyatt PC

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Inventor Patent Invention Technology 61

JD Supra Law

OCTOBER 19, 2022

Standard Essential Patents (SEP) are patents that claim inventions needed to comply with a technical standard e.g., the 3G or LTE standards in mobile telecommunications technology. A SEP can benefit the patentee when licensed to standard implementers (e.g.,

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Technology Patent Invention Licensing 58