Patently-O

APRIL 25, 2023

As artificial intelligence progresses at an unprecedented pace, numerous cases have emerged where generative AI has played a crucial role in conceiving an invention. This raises the question of whether it is appropriate to designate the human, who contributed to only a part of the invention and collaborated with the AI, as the sole inventor.

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Invention Inventor Patent Intellectual Property 125

JD Supra Law

FEBRUARY 14, 2024

On Monday, the US Patent and Trademark Office (USPTO) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence (AI).

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JD Supra Law

FEBRUARY 13, 2024

Patent and Trademark Office released detailed guidance regarding inventorship of inventions created with the assistance of artificial intelligence (AI). By: McDonnell Boehnen Hulbert & Berghoff LLP

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Intellectual Property Law Blog

AUGUST 30, 2021

1 are defined in an article published in 2020 by the USPTO. In the following sections, we will discuss an illustrative list of subject areas that may offer patentable AI inventions. (1) The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. 1) Training phase.

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SpicyIP

MARCH 16, 2024

Image from here On March 15, the Patent (Amendment) Rules, 2024 were published in the Gazette of India, making crucial changes in the Indian patent regime. Furthermore, under this agreement, parties cannot publish confidential information, including information on commercial value.

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JD Supra Law

FEBRUARY 14, 2024

The United States Patent and Trademark Office (USPTO) published a Federal Register Notice on Feb. 13, 2024, providing guidance on inventorship for artificial intelligence-assisted inventions. The Guidance applies to all patent applications filed before, on, or after February 13, 2024. By: Fox Rothschild LLP

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Invention Patent Application Publishing Trademark 62

IP.com

SEPTEMBER 8, 2021

How you describe your invention matters—a lot. The post Defensive Publishing Mistakes (and Potential Consequences) appeared first on IP.com - IP Innovation and Analytics. Writing a great defensive publication, or defensive disclosure, is more than checking for spelling mistakes and grammatical errors.

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The IPKat

JULY 11, 2022

The EPO Board of Appeal has published its full decision on the question of whether a machine can be an inventor ( J 8/20 ). The decision in J 8/20 demonstrates that the current patent system is more than capable of dealing with AI inventions when and if they arise, without harming innovation or treating the AI inventors unfairly.

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IP Watchdog

APRIL 18, 2024

Patent and Trademark Office (USPTO) today announced a Notice of Proposed Rulemaking (NPRM) that will be officially published in the Federal Register tomorrow and that addresses a subset of issues from the controversial April 2023 Advance Notice of Proposed Rulemaking (ANPRM).

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The IPKat

OCTOBER 21, 2022

The final decision in this referral has the potential to either lower or increase the plausibility requirement in EPO inventive step analysis. In its preliminary opinion , the EBA hedges its bets but hints at accepting a standard of lack of ab initio implausibility for a technical effect supporting inventive step.

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LexBlog IP

JANUARY 29, 2024

On January 10, 2024, the USPTO published guidelines for assessing enablement in view of Amgen v. § 112(a) that the specification must describe the invention in such terms that one skilled in the art can make and use the claimed invention.” ” The post USPTO Publishes Enablement Guidelines in view of Amgen v.

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Patently-O

MAY 25, 2023

These patents, US Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379, cover inventions devised to offer an “enhanced backup support” in contrast to using a guide catheter individually. Under this regulation, a third party’s US or PCT patent application becomes prior art once published.

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Invention Inventor Art Patent Application 70

The IPKat

SEPTEMBER 21, 2021

As recently reported here on IPKat , we are imminently expecting a referral to the Enlarged Board of Appeal (EBA) on the issue of using post-filed data to support plausibility for inventive step. As such, it was argued, the post-published documents should not be taken into account.

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Likelihood of Confusion

NOVEMBER 17, 2022

Patently-O publishes a rather ambitious patent application that could actually make that mainstay of PTO rejection fodder, perpetual motion machines, look quite reasonable: “Chris Roller wants exclusive right to the. The post PTO invents perpetual spam machine appeared first on LIKELIHOOD OF CONFUSION™.

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Invention Patent Application Publishing Patent 52

JD Supra Law

JULY 6, 2022

The UK Government on 28 June 2022 published its response to its Consultation on Artificial Intelligence (“AI”) and Intellectual Property (“IP”). By: Locke Lord LLP

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Intellectual Property Government Publishing Invention 98

JD Supra Law

FEBRUARY 15, 2024

In accordance with an executive order on the use of artificial intelligence (“AI”), the United States Patent and Trademark Office (“USPTO”) published guidance on February 13, 2024, that explained that a human can obtain a patent even in instances where “an AI system—like other tools—could perform acts that, if performed by a human, could constitute (..)

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The IPKat

MARCH 29, 2024

The patent was found novel and inventive on the grounds that the efficacy of the drug in the claimed subpopulation could not be derived, or be reasonably expected, in view of the press releases. The clinical trial assessed empagliflozin in patients with mild, moderate or severe impairment.

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The IPKat

AUGUST 11, 2023

PatKat has been sceptical about Dr Thaler and his purported inventing machine, DABUS, for some time ( IPKat ). In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. Sceptical Kat Has DABUS invented?

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WIPO Magazine

MARCH 25, 2024

Using technical information in patent data seldom published elsewhere to map the intersections between patents and the UN Sustainable Development Goals reveals robust relations and emerging connections.

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Invention Intellectual Property Patent Publishing 52

The IPKat

AUGUST 30, 2022

Historically, the EPO has used a higher bar to assess the novelty for purity of compound inventions. Previously, purity inventions were only considered novel if a high purity could not be achieved by conventional means. On appeal, the patentee cited T 1085/13 , which was published after the Opposition decision.

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LexBlog IP

SEPTEMBER 20, 2023

The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has recently published a set of draft amendments (“Draft Rules”) to the Indian Patent Rules, 2003. The amendments are currently open for comments from the public. The draft amendment rules can be accessed at – [link].

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JD Supra Law

MAY 13, 2024

The US Patent and Trademark Office (USPTO) has published a request for comment (RFC) on “how AI could affect evaluations of how the level of ordinary skills in the arts are made to determine if an invention is patentable under U.S. By: AEON Law

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JD Supra Law

AUGUST 31, 2021

1 are defined in an article published in 2020 by the USPTO. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. using big data in automated systems).

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Invention Patent Patent Application Publishing 97

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? thegem-vc-text.thegem-custom-640f87a71087f6782{display: block!important;}}@media

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Intellectual Property Law Blog

NOVEMBER 1, 2023

The EO requires the USPTO Director to: within 120 days of the date of this order, publish guidance to USPTO patent examiners and applicants addressing inventorship and the use of AI , including generative AI, in the inventive process, including illustrative examples in which AI systems play different roles in inventive processes and how, in each example, (..)

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IP Intellectual Property Copyright Invention 262

Patently-O

AUGUST 4, 2021

Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Like the ‘conception’ test in American patent law – the object of the test is to determine the identity of the ‘devisor’ of the invention.

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Invention Patent Inventor Intellectual Property 127

Patently-O

SEPTEMBER 13, 2021

I was considering calling for a new publication regime; Something along the lines of amending Section 122 with a statement to the effect that Any application that has not already been made publicly available 5-years after its effective filing date will be published by the USPTO.

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Invention Patent Application Publishing Patent 122

LexBlog IP

FEBRUARY 7, 2022

As a result, the claims’ effective filing date was so late that prior art published between the patent’s actual filing date and its earliest claimed priority date rendered the claims unpatentable. Here the prior art was none other than the Patent Office’s publication of one of the claimed priority applications. ” Id.

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Canadian Intellectual Property Blog

MARCH 2, 2021

For larger companies, budget is also a concern, but often it is also the time required of inventors to adequately document an invention disclosure and to work with a patent professional. It also allows you to license your invention to others and collect a royalty fee. So, what happens if you decide not to patent? What are the risks?

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Invention Patent Inventor Intellectual Property 52

IP Tech Blog

JANUARY 4, 2022

The USPTO’s notice published in September extended the Pilot Program to December 31, 2021, and removed the limit on the number of applications that could receive prioritized examination. The post The USPTO Again Extends the Fast Track Program for COVID-Related Inventions appeared first on Global IP & Technology Law Blog.

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Invention Intellectual Property Inventor Patent Application 57

IP Watchdog

OCTOBER 4, 2022

During IPWatchdog’s LIVE event in Dallas, Texas, in September, USPTO Texas Regional Office Director Hope Shimabuku explained that issuing “robust and reliable patents”—which seems to have replaced the oft-maligned term, “patent quality,”—is a key focus for USPTO Director Kathi Vidal.

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JD Supra Law

MARCH 1, 2024

On February 13, 2024, the USPTO published Inventorship Guidance for AI-Assisted Inventions in the Federal Register, explaining how the USPTO plans to assess inventorship for inventions that were “assisted by” AI, and soliciting public comment through an ensuing 90-day comment period.

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Invention Publishing Trademark Patent 65

Patent Trademark Blog

SEPTEMBER 23, 2021

Claims vs. Description of the Invention. Where is the description of the invention? What is the difference between claims and the description of the invention? A patent gives you the right to exclude others from doing your invention. What is the primary purpose of the description of the invention?

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Invention Patent Application Art Patent 40

JD Supra Law

APRIL 23, 2024

One year ago, the United States Patent and Trademark Office (USPTO) issued an Advance Notice of Proposed Rulemaking (ANPRM) that set forth several ideas related to America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB).

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Invention Publishing Trademark Patent 65

Trading Secrets

APRIL 18, 2023

This article was originally published on Seyfarth’s Gadgets, Gigabytes & Goodwill blog. In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? enablement).

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Patently-O

APRIL 30, 2024

Services like All Prior Art are using AI to churn out and ‘publish’ many millions of generated texts, hoping some will preempt future patent applications. That claim requires too much follow-on research work and so does not sufficiently disclose the invention. See my 2014 post. 32, 42 (2015).

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LexBlog IP

APRIL 18, 2023

This article was originally published on Seyfarth’s Gadgets, Gigabytes & Goodwill blog. In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention?

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