Patently-O

JANUARY 9, 2024

by Dennis Crouch The text of pre-AIA Section 102(a) suggests that an inventor’s own prior publication qualifies as invalidating prior art, even if within the 1-year grace period. The press release specifically quotes and references Dr. Bill Forbes, who is listed as an inventor on the IBS-D patents. ” In re Katz , 687 F.2d

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Inventor Art Invention Patent 49

LexBlog IP

FEBRUARY 7, 2024

However, the use of AI in litigation also bears risk, as highlighted by a recent First-tier Tribunal (Tax) decision, where an appellant had sought to rely on precedent authorities that, in fact, were fabricated by AI (a known risk with AI using large language models, referred to as hallucination). [1]

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Publishing Government Litigation Inventor 52

LexBlog IP

JULY 31, 2023

AI can access and analyze patents published in various languages, improving the quality of the patent system by ensuring that patents granted are truly novel. Impact on Patent Litigation and Licensing : Yuri predicts that AI could reduce the number of contested patents and therefore the amount of litigation.

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Law IP Intellectual Property Intellectual Property Law 52

LexBlog IP

MARCH 11, 2024

Publish guidance to USPTO patent examiners and applicants addressing inventorship and the use of AI, including generative AI, in the inventive process and how inventorship issues ought to be analyzed; 2. Vidal affirmed the holding “that only a natural person can be an inventor.” 1] In section 5.2

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Invention Inventor Intellectual Property Patent 52

Patently-O

JANUARY 20, 2023

Gernsback was also an inventor and serious scientific thinker in his own right. To support his business, he initially published catalogs for mail-order electrical components, but the catalogs soon morphed into full-sized magazines with titles like “Modern Electrics, ” marketed to inventors and amateur “tinkerers.”

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Patent Law Law Inventor Patent 95

Patently-O

AUGUST 17, 2021

Corsair purchased the companies in 2019, but by that time the litigation with Valve was well underway. Ironburg won a $4 million judgment regarding two patents (now on appeal) and the district court stayed the litigation regarding U.S. Patent Nos. 9,289,688 and 9,352,229. Those two patents are the subject of this appeal.

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Art Litigation Publishing Inventor 124

The IPKat

DECEMBER 7, 2021

nd What Should Happen Next", by Stefan Lederer , which was published in connection with Forbes magazine and the Forbes Business Council on July 22, 2021. The worst of these patent trolls pick up low-quality patents and take advantage of asymmetries in the economics of litigation to make quick cash. Patent Trolls, ?nd

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Patent Troll Patent Litigation Inventor 122

Patently-O

FEBRUARY 13, 2023

Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting. An inventor is a presumptive owner of any resulting patent rights. However, he is missing one purportedly crucial qualification: he cannot claim to be an inventor of any patented technology.

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Inventor Ownership Invention Patent 74

Patently-O

AUGUST 16, 2022

Prior Art By Another : Seagate was a collaborator with the UMN inventors (Moon and Brickner). And, back in September 1995, the inventors submitted a report to Seagate about their work. But, in January 1996 Seagate filed a patent application (Tsang) that does not list the UMN inventors. Pre-AIA Section 102(e). by another.”

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Inventor Art Patent Application Reporting 74

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) ??

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Inventor Invention Patent Art 123

Patently-O

SEPTEMBER 15, 2021

The transition to a first inventor to file system was needed to harmonize the U.S. The establishment of the first regional offices of the USPTO made our intellectual property system more accessible to all, and of course, prioritized examination, allowing inventors to accelerate the examination of certain patents, makes business sense. .

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Invention Intellectual Property Inventor Intellectual Property Law 131

Erik K Pelton

MAY 28, 2024

Pelton & Associates, PLLC ® (“EMP&A”), in response to the Notice of Proposed Rulemaking, published on March 26, 2024, in the Federal Register at 89 Fed. trademark prosecution, maintenance, and litigation. 20,897 (March 24, 2024) (“Rulemaking”). Since 1999, EMP&A has represented thousands of clients in U.S.

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Registration Trademark Business Reporting 147

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. For a review of Privacy legislation in Canada, check out Emily Prieur’s article published this week. Top 10 Most Read IPilogue Articles Published in 2021. v Sport Maska Inc.

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IP Copyright Infringement Inventor Intellectual Property 106

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. Guest Post by Meshandren Naidoo and Dr. Christian E. The pitfalls of formal examination in South Africa.

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Invention Patent Inventor Intellectual Property 128

Kashishipr

MAY 25, 2022

A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. There are five types of patent searches that a patent applicant or inventor can perform, and they are as follows: 1) Freedom to Operate (FTO) Search. Types of Patent Search.

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Patent Patent Application Inventor Invention 78

Kluwer Copyright Blog

FEBRUARY 2, 2023

” (For a comment, see here ) The DABUS team (the Artificial Inventor Project ) starting testing copyright law back in 2018, seeking to register with the US Copyright Office (USCO) A Recent Entrance to Paradise , an image created by DABUS. Registration was refused in August 2019, in line with previous US case law and guidance.

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The IPKat

JANUARY 12, 2024

At the close of 2023, the Supreme Court of the United Kingdom handed down its eagerly awaited and widely publicized judgment in Thaler v Comptroller-General confirming that a patent application may not name an AI machine as an inventor. So for those beloved folks, this article in Cycling Weekly will really hit the spot.

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IP Intellectual Property Law Law Invention 67

LexBlog IP

OCTOBER 18, 2021

The case arises out of a 2018 lawsuit, in which four self-described inventors of DNA Arrays brought suit against Illumina, a “multibillion-dollar, global player in genetic analysis,” alleging that Illumina and its associates conspired to steal Petitioner’s trade secrets and covertly conceal the information in patent applications.

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Patent Application Inventor Patent Infringement Invention 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. Absent an assignment, each joint inventor may exploit the invention without the permission of, and without accounting to, the other joint inventors. Practice tip. Right of priority.

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Patent Prosecution Invention Inventor Patent 75

Patently-O

JANUARY 11, 2024

by Dennis Crouch The USPTO has published new examination guidelines regarding the enablement requirement for utility patent applications in light of the Supreme Court’s May 2023 decision in Amgen v. Sanofi , 143 S. 1243 (2023). Most notably, Amgen does not mention In re Wands , 858 F.2d 2d 731 (Fed. Genentech, Inc., 4th 1362 (Fed.

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Art Invention Publishing Patent 52

TraskBritt Intellectual Property

MARCH 30, 2021

Even if Tesla has no intention of developing the laser system to clean glass surfaces on a car or photovoltaic solar panels, obtaining patent protection will give Tesla the option to enforce the patent against potential competitors by engaging in patent litigation. Steps to Obtain a Patent. Solvay S.A. Honeywell International , 742 F.3d

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Patent Application Patent Invention Inventor 52

Patently-O

OCTOBER 5, 2021

Additionally, if you are a patent owner or inventor, please include the number of U.S. patent enforcement and litigation; c. and foreign patent applications you have filed; the number of U.S. Please include impacts on as many of the following areas as you can, identifying concrete examples and supporting facts when possible: a.

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SpicyIP

JULY 25, 2023

In this regard, the scientific community can learn from gene patent litigation strategies adopted in the past, in countries like the US (Myriad as discussed below), to help courts and policy makers craft solutions that balance the interests of both the inventing community and public health needs. Is Messenger RNA Patent-Eligible?

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LexBlog IP

AUGUST 19, 2021

.” The AIA’s co-sponsor, Representative Lamar Smith (R-TX), stated that the intent of the AIA was to fight against “ patent trolls [that] hurt small businesses and independent inventors.” Congress needs to amend the AIA to re-instill confidence that the patent system will protect inventors and their innovations.

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Patent Troll Inventor Patent Invention 52

SpicyIP

AUGUST 8, 2021

She agrees with the observation that a broader principle of RTBF was undesirable here, in the interest of judicial transparency that would likely invite litigation from those with influence and means, regardless of the circumstances of the acquittal and what evidence or perceptions it was based on.

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Privacy Journalism Inventor Music 105

43(B)log

OCTOBER 1, 2022

Burstein: in the past, small inventors were sometimes diverted to design patents by skeevy methods (even though the design patent may have been broader in some ways than the utility patent); this may have contributed to the disrepute/neglect of the design patent regime. Pending design patents are not published. More partial designs.

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Intellectual Property Design Patent Law Designs 84

IP Watchdog

JANUARY 19, 2022

Tillis sent an initial letter on December 10, 2021, four days after the DOJ published the latest iteration of the Policy Statement for public comment. Patent and Trademark Office (USPTO)-National Institute of Standards and Technology (NIST) Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments.

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Publishing Technology Trademark Patent 110

LexBlog IP

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process.

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Copyright Intellectual Property Fair Use IP 52

Trading Secrets

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

SpicyIP

AUGUST 3, 2023

After much coaxing, it was later found that APEDA incurred huge legal expenses on Basmati and litigations were pending worldwide (as of that post). Though it’s a different story that even RTIs couldn’t penetrate its secrets of how much it legal expenses it incurred on Basmati , not once but twice ! Whither Indian “Bayh Dole” Bill? :

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Registration IP Copyright Blogging 98

IP and Legal Filings

JULY 30, 2021

It becomes important to get in touch with important IP news which can affect the inventors and businesses planning to set up in Taiwan. Taiwan publishes its latest draft amendment to the Trademark Act earlier in 2021. Image Source: Taiwan].

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Trademark IP Intellectual Property Technology 52

Intepat

FEBRUARY 13, 2021

Journals, Articles, any published material, known commercial inventions, presentations at public conferences, previously held patent applications are also supposed to. However, an FTO search results will end up saving lots of litigation costs. Patent Classification: Types of classification are CPC, IPC, US, ECLA, etc.

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Art Invention Due Diligence Patent Application 52

IPilogue

SEPTEMBER 3, 2021

To date, we have published over 2,600 original posts and 1,400 comments. Our students gain valuable practical experience which will assist them in obtaining employment after law school, and some of our students’ research in the program has been published in the Intellectual Property Journal (IPJ).

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IP Intellectual Property Intellectual Property Law Patent Application 81

LexBlog IP

SEPTEMBER 9, 2021

This can lead to issues in both prosecution and litigation, creating unnecessary expense or invalidation of a related patent. This can lead to issues in both prosecution and litigation, creating unnecessary expense. Therefore, as a general rule, software-related patents should include an algorithm. Overview of Section 112 Requirements.

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LexBlog IP

MARCH 27, 2023

Marshall Gerstein’s practice areas include patents, trademarks, copyrights, trade secrets, and related litigation, as well as IP licensing, counseling, and transactions. See also PatentNext’s article Can an Artificial Intelligence (AI) be an Inventor? Patent law requires at least one human inventor. ” 35 U.S.

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Intellectual Property IP Inventor Copyright 52

Patently-O

MARCH 31, 2024

Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. Was there long felt need for a solution to the problem facing the inventors, which was satisfied by the claimed invention?

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