Patently-O

APRIL 3, 2023

by Dennis Crouch Ironburg Inventions Ltd. 3, 2023) The recent decision in Ironburg Inventions Ltd. Valve argued that it had no knowledge of those references at the time of its IPR petition and therefore could not have included them as challenge grounds. Valve Corp., — F.4th 4th —, 21-2296 (Fed. Valve Corp.

Invention 110

Invention Art Patent Law 110

LexBlog IP

FEBRUARY 13, 2024

In the IPRs, Medtronic asserted that the “Itou” reference qualified as prior art under the pre-AIA § 102(e). Background Medtronic filed two IPR petitions challenging certain claims in Teleflex’s ’116 patent. ” Medtronic appealed. . §

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Invention Art Inventor Patent 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 provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

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Invention Inventor Patent Patent Application 52

The IPKat

SEPTEMBER 10, 2023

The minutes of oral proceedings have been published from the referring Board of Appeal case behind G 2/21 ( T 0116/18 ). 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. How many moths needed for an invention? 12.5.1).

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Invention Publishing Law Patent Application 120

JD Supra Law

SEPTEMBER 17, 2021

Ironburg Inventions Ltd., August 17, 2021), the Federal Circuit ruled on an issue that is not often appealed—whether the Petitioner had authenticated a submitted prior art reference. . In the recent precedential Federal Circuit decision Valve Corporation v. 2020-1315, 2020-1315, 2020-1379, 2021 WL 3628664 (Fed. By: Jones Day

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Art Invention 100

The IPKat

AUGUST 4, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The referring decision and much of the surrounding commentary to G 2/21 also focused on the terminology of plausibility, which is also often used in the biotech field ( IPKat ).

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Invention Art Patent Reporting 98

The IPKat

NOVEMBER 27, 2023

The full written decision of the Board of Appeal in T 0116/18 , the referring Board to G2/21 , was published today. G2/21: Case catch-up In G2/21 , the Board of Appeal asked the EBA to clarify whether post-published evidence may be taken into account for inventive step. G2/21 clearly does not permit armchair inventing (r.11.1,

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Invention Publishing Patent Application Law 67

JD Supra Law

MARCH 6, 2023

Any invention conceived or reduced to practice with the assistance of federal funding is subject to the Bayh-Dole Act, which provides for ownership of such inventions, but only if the grantee (referred to in the Act as a “contractor”) abides by the terms. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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Invention Ownership 97

Patently-O

APRIL 8, 2024

By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. 103 as part of the Patent Act of 1952, it nonetheless applied a similar requirement for “invention.” 101, all under the general rubric of the “invention” requirement.

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Invention Art Patent Television 62

Patently-O

JULY 13, 2023

by Dennis Crouch If you break it down far enough, every invention is simply a combination of known materials or steps. In Axonics, the court ruled that the obviousness analysis must focus on the motivation to combine references to reach the claimed invention, not motivation to combine for some other purpose described in the prior art.

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Invention Art Patent Patent Law 75

The IP Law Blog

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. Rather the Patent Act supports that an “individual” refers to a human being.

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Inventor Invention Patent Patent Application 96

LexBlog IP

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. 101 and 115.

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Inventor Invention Patent Designs 52

Patently-O

MARCH 26, 2024

Teva references the landmark Supreme Court case of Atlantic Works v. The Supreme Court ultimately reversed the lower court’s decision upholding the patent and found instead that Brady’s claimed invention lacked novelty and did not constitute a patentable advance over the prior art. Brady , 107 U.S. 192 (1883).

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Invention Art Patent Designs 57

IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] The Guidance strives to ensure balance between protecting and incentivizing AI-assisted inventions and not hindering future human innovation, as “the patent system is designed to encourage human ingenuity.” [2]

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Invention Inventor Patent Application Designs 52

LexBlog IP

DECEMBER 15, 2023

Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions. Medtronics filed five IPR petitions using the ’355 patent as the primary prior art reference under pre-AIA 35 U.S.C. § § 102(e). § 102(e).

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Art Inventor Invention Patent 52

Patently-O

DECEMBER 6, 2022

In one of them, LKQ asked the court to rule that the current primary reference requirement for design patent obviousness, as stated in In re Rosen and Durling v. First, the court must identify a primary reference—“a something in existence, the design characteristics of which are basically the same as the claimed design.” Teleflex.

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Designs Design Design Patent Art 54

The IPKat

NOVEMBER 13, 2023

In particular, in this divisional patent Regeneron had attempted to avoid a novelty attack by explicitly disclaiming embodiments of the invention from the claim. Legal background: Undisclosed disclaimers Patent claims generally define the essential features present in the claimed invention.

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Invention Art Patent Law 73

Intellectual Property Law Blog

JUNE 5, 2023

Background In 2015, Ironburg Inventions Ltd. Issue(s) Who bears the burden of proof regarding what prior art references a “skilled and diligent researcher” could have reasonably been expected to discover that could have formed the basis for an invalidity challenge in an IPR petition? 8,641,525 (“the ’525 patent”).

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Invention Art Litigation Patent 130

The IPKat

JUNE 19, 2023

The question in G 2/21 was whether post-published evidence can be used to support a purported technical effect relied on for inventive step. We now have the preliminary thoughts from the referring Board of Appeal on how G 2/21 should be applied. direct comparison data).

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Invention Art Publishing Patent 57

IP Intelligence

DECEMBER 20, 2022

The Federal Circuit reversed a district court’s summary judgment that interpreted the claims based on a definition in a separate patent that was incorporated by reference. Though they do incorporate by reference a patent that does define a Downloadable as “a small executable ….”. 1] Finjan LLC v.

Patent 52

Patent Invention 52

LexBlog IP

DECEMBER 20, 2022

The Federal Circuit reversed a district court’s summary judgment that interpreted the claims based on a definition in a separate patent that was incorporated by reference. ” Though they do incorporate by reference a patent that does define a Downloadable as “a small executable.” 1] Finjan LLC v.

Patent 52

Patent Invention Intellectual Property 52

LexBlog IP

DECEMBER 20, 2022

The Federal Circuit reversed a district court’s summary judgment that interpreted the claims based on a definition in a separate patent that was incorporated by reference. ” Though they do incorporate by reference a patent that does define a Downloadable as “a small executable.” 1] Finjan LLC v.

Patent 52

Patent Invention Intellectual Property 52

Patently-O

MAY 31, 2022

This case raises the novel legal issue of whether a patent can be obtained for an invention created by an artificial intelligence (AI) in the absence of a traditional human inventor (“AI-Generated Invention”). This ignores fundamental statutory and constitutional principles and also stymies innovation. Appellee Brief.

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Invention Inventor Art Patent 89

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. Importantly, LLMs know the references and have their key points accessible for dynamic consideration and analysis. Colleen Chien.

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Patent Law Invention Law Art 67

The IPKat

AUGUST 10, 2021

A Board of Appeal is about to refer questions to the Enlarged Board of Appeal (EBA) on the ability of a patentee to rely on post-published evidence to support the inventive step of a claim, and particularly to support the plausibility that the technical problem has been solved over the full scope of the claim.

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Invention Publishing Patent Application Patent 113

JD Supra Law

FEBRUARY 13, 2024

Robert Bahr, Deputy Commissioner for Patent Examination Policy, notes that the patent statutes preclude construing “inventor” to cover machines because Title 35 of the United States Code consistently refers to inventors at natural persons.”). See USPTO Says AI Machine Cannot Qualify as an Inventor (e.g.,

Invention 69

Invention Inventor Patent Application Patent 69

JD Supra Law

DECEMBER 18, 2023

Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions. Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. By: Sheppard Mullin Richter & Hampton LLP

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Art Invention Patent 58

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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Invention Publishing Patent Application Patent 86

LexBlog IP

AUGUST 11, 2022

Arguably, an AI system, which is a non-human, can also create or invent. While these systems may have been programmed and/or trained by a human, the human may not have actually invented the apparatus or method claimed in the patent application. Rather the Patent Act supports that an “individual” refers to a human being.

Inventor 52

Inventor Invention Patent Application Patent 52

SpicyIP

APRIL 30, 2024

This post attempts to critically analyse the relevance of difference in the purported function of the invention and prior art to determine non-obviousness in identifying the inventive step. ” The invention aimed to simplify the communication of sensor data to applications by converting raw sensor data into lightweight messages.

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Invention Art Designs Design 105

LexBlog IP

SEPTEMBER 2, 2021

a CAFC panel reversed an obviousness determination by the PTAB (“Board”), holding that the Board improperly found motivation to modify a prior art reference, where the “inventive concept’ of the prior art reference taught away from that modification. Daikin Industries, Ltd. , Read more.

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Art Invention Intellectual Property 40

Patently-O

MAY 19, 2022

a) the invention was … patented or described in a printed publication … before the invention thereof by the applicant for patent, or. (b) b) the invention was patented or described in a printed publication … more than one year prior to the date of the application for patent in the United States, or.

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Invention Inventor Art Patent 54

LexBlog IP

AUGUST 9, 2022

What is at the core of invention? All inventions boil down to applying some natural law , but where is the line between natural law and invention? ” The most recent Supreme Court case which granted certiorari with regard to an “inventive concept” is Alice Corp. .” By: Banks Griffin.

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Inventor Invention Patent Prosecution Law 52

Patently-O

APRIL 30, 2024

References must be sufficiently accessible, clear, and enabling to serve as legitimate evidence of what was previously known. Many of us learned a mantra that “a prior art reference is only good for what it discloses” — but in our expanding world of deep fakes, intentional and otherwise, is face value still worth much?

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Art Invention Patent Application Publishing 109

Intellectual Property Law Blog

DECEMBER 14, 2023

the case addresses the weight the Patent Trial and Appeal Board (PTAB) should give to the intended purpose of a primary reference when evaluating a Person of Ordinary Skill in the Art’s (POSITA) motivation to combine that primary reference with secondary references. Teleflex Innovations S.A.R.L. , The opinion provides Fig.

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Designs Design Invention Patent 147

Intellectual Property Law Blog

DECEMBER 15, 2023

Medtronic’s invention concerns a medical device that stimulates sacral nerves. The “real question” is “why a person of ordinary skill in the art would have combined elements from specific references in the way the claimed invention does.” In fact, they make no reference to sacral neuromodulation. Patent Nos.

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Art Invention Patent Infringement Patent 147

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. You’ve Been Referred Here Because You’re Wrong About The First Amendment.” The prior part explained the most recent ruling, a devastating but not unexpected loss for hiQ. Don’t worry! You’re not alone.

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Blogging Law Contracts Cease and Desist 115