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.

Invention 128

Invention Patent Inventor Intellectual Property 128

Patently-O

SEPTEMBER 20, 2022

In my view, it is unquestionable that AI regularly contribute to inventive concepts so substantially as to be named joint-inventors alongside their human counterparts, if it were permitted. Many of us are hung-up on the notion that inventorship requires “conception in the mind”–a feat perhaps beyond any computer today.

Inventor 81

Inventor Invention Patent Law Patent 81

The IPKat

DECEMBER 28, 2021

2021 saw key decisions on claim supremacy, types of antibody claims, the data threshold for second medical use inventions and the AI inventor debate. ?? DABUS: An AI inventor or the Emperor's New Clothes? 3 Sep 2020) Is it time to move on from the AI inventor debate? (2 15 Sep 2021) ??

Inventor 123

Inventor Invention Patent Art 123

IPilogue

JANUARY 14, 2022

Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. First Time Interpreting Patent Agent Privilege.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

LexBlog IP

FEBRUARY 26, 2023

From Idea to Invention The patent process can be very daunting if you’re new to intellectual property law. Fortunately, with some basic knowledge and guidance, patenting your invention can be a straightforward and rewarding experience. Below is helpful information about patenting an invention.

Patent 40

Patent Invention Design Patent Designs 40

The IP Law Blog

AUGUST 19, 2021

How many of the lawyers out there liked hypotheticals in law school? So, for those of you who enjoy hypotheticals, here it is: Company A, a North Carolina LLC, owns four patents. And assume that the Western District of Texas is a very fast and favorable court for plaintiffs in patent infringement cases.)

Patent Infringement 98

Patent Infringement Inventor Business Technology 98

Patently-O

JUNE 29, 2021

Minerva asks the same questions, but for patents. Practice Note: The holding in the case suggests that attorneys may want to begin to require inventors to sign a confirmatory assignment at the time of patent issuance. . = = = =. In that scenario, the assignment contains no representation that a patent is valid.

Invention 89

Invention Inventor Patent Law 89

43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Seems like a lower bar for entry for design patent than TM protection. Lowry: For many people/products, the first few years are the only years that matter, and design patents are a tool for that.

Intellectual Property 84

Intellectual Property Design Patent Law Designs 84

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. However, different countries have different patentability requirements and prosecution schemes, and these differences.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

LexBlog IP

JULY 26, 2022

Garcia, signed an order assigning all new patent suits filed in the Waco Division to all of the remaining district judges in the Western District (with the exception of Judge Guaderrama in El Paso). ” This order, however, will have some massive consequences for the nation’s patent docket. .”

Litigation 52

Litigation Patent Infringement Patent Inventor 52

LexBlog IP

AUGUST 19, 2021

Smith & Nephew, Inc , the Supreme Court determined that the structure of Administrative Patent Judge (“APJs”) appointments—or lack thereof—was unconstitutional and took it upon itself to restructure the Patent Office’s chain of command. This makes removing patents far easier.

Patent Troll 52

Patent Troll Inventor Patent Invention 52

Erik K Pelton

JUNE 10, 2023

Last week, Erik provided comments to the USPTO’s Trademark Public Advisory Committee regarding proposed changes (increases) to many trademark fees. Perhaps it would be beneficial to explore different fee levels for small and large applicants – akin to the patent side of the USPTO.

Business 130

Business Trademark Registration Inventor 130

The IPKat

MAY 31, 2023

The US Supreme Court recently ruled in the high profile Amgen versus Sanofi patent dispute. 2021 ), the Supreme Court found Amgen's function and epitope defined PCSK9 antibody patents to lack enablement ( Amgen Inc v Sanofi, No. The patents in dispute in Amgen v Sanofi defined a class of antibodies by their function and epitope.

Invention 93

Invention Patent Patent Law Law 93

The IPKat

JULY 30, 2021

For his parting post, he returns to Germany and patent injunctions. As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here , earlier Katpost here , news coverage here ]. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

Patently-O

SEPTEMBER 11, 2023

The Patent Trial and Appeal Board’s sided with the patentee, holding that a key prior art reference was not analogous art. 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.

Art 55

Art Invention Patent Drafting Patent 55

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

Information and statements” may include, among other items, information that “refutes, or is inconsistent with, a position that the applicant takes in” either “opposing an argument of unpatentability relied on by the Office” or “asserting an argument of patentability.”. the party has a duty to submit the information to the USPTO.”.

Patent Prosecution 76

Patent Prosecution Due Diligence Reporting Inventor 76

IP Watchdog

FEBRUARY 16, 2022

This patent infringement case is potentially one of the largest of the year and is related to very important technology that miniaturized radio frequency (RF) transceivers, thus paving the way for the invention of the smartphone. Lawyer arguments in these hearings are very interesting, and you can learn a lot about the law.

Patent Infringement 98

Patent Infringement Invention Technology Patent 98

LexBlog IP

MARCH 1, 2022

Patent Rights defined. How a search is performed. Other patent search options to consider. How to Secure Your Innovation. Patent Rights. This is because many patents are granted upon products that improve other patented products. How is a freedom to operate search performed? important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-621e9d93aaa3b116{flex-wrap:

Intellectual Property 52

Intellectual Property Art Technology Patent Infringement 52

LexBlog IP

AUGUST 19, 2021

How many of the lawyers out there liked hypotheticals in law school? So, for those of you who enjoy hypotheticals, here it is: Company A, a North Carolina LLC, owns four patents. And assume that the Western District of Texas is a very fast and favorable court for plaintiffs in patent infringement cases.)

Patent Infringement 52

Patent Infringement Inventor Business Technology 52

The IPKat

JANUARY 9, 2022

Over to Adam : "Patents and Technology: Perspective, Truth, and Change WIPO’s Deputy Director-General of Patents & Technology, Ms. Jorgenson also discussed how COVID-19 affected WIPO and the Patent Cooperation Treaty (PCT) system. Adam Ernette (UIC) reports on the seminar. The buzzword for Ms.

Reporting 57

Reporting Law IP Patent 57

SpicyIP

SEPTEMBER 5, 2022

Moderna recently sued Pfizer alleging patent infringement of three out of eight patents that cover its Covid 19 vaccine (Spikevax). The sheer size of sales and revenue coupled with patent monopolies and the immense potential of the mRNA technology, makes both these entities King-like – rich, supreme and sometimes hypocritical.

Litigation 137

Litigation Patent Technology Ownership 137

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. The focus in these cases was on parody.

Copyright 145

Copyright Art Fair Use Registration 145

Patently-O

SEPTEMBER 15, 2021

Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). She spent a decade at Google leading their patent team. . Many of the AIA reforms strengthened our patent system. with the rest of the world.

Invention 131

Invention Intellectual Property Inventor Intellectual Property Law 131

Plagiarism Today

OCTOBER 19, 2022

Earlier this week, developer and professor of Computer Science at Texas A&M Tim Davis took to Twitter to highlight how GhitHub’s artificial intelligence coding tool Copilot, was producing code very similar to his own, showing a side-by-side comparison of the two snippets. The code in question is different from the example given.

Licensing 215

Licensing Copying Fair Use Litigation 215

LexBlog IP

DECEMBER 30, 2022

Part II (below) describes the many forces that I believe are contributing to this shift, as well as the impact this development will have on trade secret owners, small companies, large companies and lawyers whose practices focus on trade secret cases. See Alice Corp. CLS Bank Int’l , 573 U.S. 208, 134 S. 2347, 189 L.

Litigation 52

Litigation Technology Invention Inventor 52

LexBlog IP

JUNE 20, 2023

Given the push back from Congress on the apparent overreach of many of the ANPRM proposals, it is highly unlikely that the agency will carry such proposals forward to the NPRM. Finally, the ANPRM proposes as “substantial overlap” analysis to ascertain the overlap in claim scope of a given patent to a previously challenged patent.

Litigation 52

Litigation Ownership Patent Inventor 52

Patently-O

DECEMBER 20, 2023

The ongoing reckonings with systemic racism and sexism in the United States might seem, on first glance, to have little to do with patent law. Yet scholarship on racial and gender inequality in the patent system is growing. In addition, scholars have explored racist and sexist norms baked into the content of patent law itself.

Government 68

Government Patent Law Patent Law 68

The IPKat

SEPTEMBER 1, 2023

This second consultation focuses on specific trade marks and designs issues, but also includes some proposals on patents and tribunals. This suggests many customers have difficulties with filing series marks. The IPO actively encourages parties to mediate, as a quicker and less costly alternative to litigation.

Designs 70

Designs Design Government Inventor 70

LexBlog IP

MARCH 27, 2023

How was ChatGPT trained? Reinforcement learning, on the other hand, seeks to train a machine learning model over many iterations of pass-fail, trial-and-error attempts, where the model is provided with a “reward” (a positive value) for interactions where a positive result is returned by a model being trained.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

LexBlog IP

APRIL 24, 2023

Regardless, of how or why the expansive ANPRM came to be, I’ll walk through each proposal/idea in detail below. Exclude PGR from discretionary denial based on parallel litigation? Patent Owner disclosure on relationships for 314(a) consideration? The Patent Owner disclosure requirement to argue 314(a) will not be popular.

Settlement 52

Settlement Litigation Patent Business 52

LexBlog IP

JUNE 22, 2023

Also yesterday, some of the very same senators introduced the Patent Eligibility Restoration Act of 2023. The co-introduction of these bills suggests a plan to drive compromise on patent eligibility. The PREVAIL ACT is a collection of pro-litigation/anti-Tech proposals that would do far more harm to the U.S. Thom Tillis(R-N.C.),

Settlement 52

Settlement Litigation Patent Art 52

LexBlog IP

APRIL 12, 2023

recently argued before the United States Supreme Court, and which presented the question of whether one could understand the language of the Lanham Act to apply outside the United States in some manner, i.e. does it have extraterritoriality and how do we define “commerce”? Eset, LLC, a patent case. Vitronics Corp.

Law 52

Law IP Intellectual Property Copyright 52

LexBlog IP

JANUARY 5, 2022

Seeing no immediate litigation alternative, I called for “common sense Congressional legislation to make States directly liable for damages for copyright infringement,” because I felt it unfair that, after Allen , copyright owners “would find themselves defenseless from state-sponsored copyright piracy.” 2d 480 (Fed.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Trading Secrets

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. See our prior post discussing some of the patentability issues for AI.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Patently-O

MARCH 30, 2022

patent law. 62 (1853), the famous inventor of the single-line telegraph (Morse) claimed patent rights to the use of electro-magnetism for transmitting a signal–without limit to any “specific machinery or parts.” An example of this is famously seen in the Wright Brothers early aircraft patents.

Art 74

Art Inventor Invention Patent 74

LexBlog IP

MARCH 10, 2023

Do You Need Multiple Patents for a Single, Multi-Use Invention? If your invention has multiple innovations or components, you may be wondering whether to file separate patent applications for each innovation or file one application for the entire invention. Generally, a patent application should only claim a single use of an invention.

Invention 52

Invention Patent Application Patent Licensing 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 11, 2021

In celebration of Pride Month 2021, Fish litigation associate and LGBTQ+ Affinity Group chair, Jeremy Saks, authored the article “ How Legal Profession Can Help LGBTQ Patent Attys Thrive ” for Law360. LGBTQ attorneys have also made significant contributions to patent law and policy. patent law.

Patent 73

Patent Patent Law Intellectual Property Intellectual Property Law 73