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How To Patent An Idea: What You Need To Know About the Patent Application Process

Patent Trademark Blog

Focus on what matters most So much can be said, and has been said, about the patent application process. To avoid information overload, let’s get back to the most basic things you need to know to file a patent application. When do you need to patent an idea?

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All About Provisional Patent Applications

Kashishipr

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. What is a Provisional Patent Application?

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Don’t Be Barred: Reminder to Inventors and Patent Applicants – Do NOT Bring Your Invention into Public View Before Filing a Patent Application

JD Supra Law

provides a timeline reminder to inventors and patent applicants: Do not bring your invention into public view before you have filed your patent application, and if you do, remember the one-year critical date for filing.

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Types of Patent Applications

Biswajit Sarkar Copyright Blog

Patent. For registering the patent, it is essential to file a patent application before the Office of the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion, under the Ministry of Commerce and Industry.

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Artificial Intelligence system as inventor in South African patent application: The case of DABUS

The IPKat

Late last month, South Africa's Companies and Intellectual Property Commission (CIPC) became the first Patent Office in the world to award a patent that names an artificial intelligence as the inventor of a product. Identifying the inventor is a formality in patent applications.

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Key Rules and Cases for Patent Practitioners Working on AI Patent Applications

Intellectual Property Law Blog

Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. Patents A

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What is a Provisional Patent Application?

LexBlog IP

A provisional patent application is a patent application that is filed with the United States Patent and Trademark Office (USPTO) by an inventor, assignee, or registered practitioner.

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‘AISITAs’ and Written Description Requirements: Considerations and Guidance for AI Patent Applications

IP Watchdog

As such, AI has been shown to have near endless applications, driving a surge of inventions and related patent application filings.

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Full Patent Protection vs. a Provisional Patent Application

TraskBritt Intellectual Property

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. Patent Term Extension.

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PCT Patent Application in India

Intepat

PCT Patent Application. The PCT is an international agreement that helps to simplify the process of filing patent applications in several countries. As of 6th April 2022, the WIPO recorded 156 contracting states to the Patent Cooperation Treaty (PCT).

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PCT Patent Application in India

Intepat

PCT Patent Application. The PCT is an international agreement that helps to simplify the process of filing patent applications in several countries. As of 6th April 2022, the WIPO recorded 156 contracting states to the Patent Cooperation Treaty (PCT).

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Dr Thaler seeks special leave to appeal to the High Court from the Full Federal Court of Australia decision which held that an Artificial Intelligence machine cannot be named an inventor on a patent application

JD Supra Law

Background - Dr Stephen Thaler applied for a patent application with his AI device, known as DABUS or the Device for Autonomous Bootstrapping of Unified Sentience. DABUS was recorded as an inventor.

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What is a Provisional Patent Application?

LexBlog IP

A provisional patent application is a patent application that is filed with the United States Patent and Trademark Office (USPTO) by an inventor, assignee, or registered practitioner. It allows inventors to establish an early effective filing date for their invention without needing a complete and formal patent application.

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Tillis and Leahy Urge USPTO to Address Inconsistent Prior Art Statements by Patent Applicants at the FDA

IP Watchdog

Patent and Trademark Office (USPTO), discussing the issue of inconsistent statements made by patent applicants pursuant to their disclosure requirements at the USPTO and other federal agencies, especially the U.S.

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INVENTORS, NOT AI-VENTORS: The Patent Act Requires an “Inventor” to Be a Natural Person

JD Supra Law

Summary: Under the Patent Act , an “inventor” must be a natural person. Therefore, an AI system cannot be an inventor. Thaler filed two patent applications with the PTO listing DABUS, an AI system, as the sole inventor. Before Moore, Taranto, and Stark.

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How to review a draft patent application and provide useful comments

Patent Trademark Blog

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application. What patent review comments would help your patent attorney draft a better patent application? How should you review patent drawings?

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Federal Circuit Affirms Patent Inventors Must Be Human, Not AI

JD Supra Law

Vidal, the Federal Circuit affirmed that patent inventors must be natural persons, rejecting a technologist's attempt to name an artificial intelligence as the sole inventor on patent applications. On August 5, 2022, in Thader v.

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How To File A US Utility Nonprovisional Patent

Patent Trademark Blog

What is a utility nonprovisional patent application? Unlike design patents , utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed.

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Provisional Patent Applications: What Do They Do For You?

JD Supra Law

Many inventors express an interest in obtaining a “provisional patent” (yet that doesn’t actually exist). What they’re referring to is known as a provisional patent application.

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His Honour Judge Hacon turns up the heat on assignments of the right to a future patent application in road heater battle

The IPKat

At its core, the case relates to whether the right to file a patent application in the future is covered by the same provisions relating to the right to an existing patent or patent application.

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Key Rules and Cases for Patent Practitioners Working on AI Patent Applications

Intellectual Property Law Blog

Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. Patents A

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Filing Provisional Patent Applications for Fun and Profit!

GDB Firm Blog

But in our experience, confusion and misunderstandings abound about what provisional patent applications really are, what rights they confer, and how to do it right.

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Humanizing Technology: Back to Basics on DABUS and AI as Inventors

IP Watchdog

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going.

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To Avoid the On-Sale Bar, Patent Applicant’s “Experimental Use” Should be Unmistakable

JD Supra Law

A recent Federal Circuit opinion casts fresh light on two aspects of patent strategy: the experimental use exception to the on-sale bar to patent validity; and the role of a non-infringement legal opinion in defeating an award of treble damages.

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Artificial Intelligence as the Inventor of Life Sciences Patents?

JD Supra Law

The question whether an artificial intelligence (“AI”) system can be named as an inventor in a patent application has obvious implications for the life science community, where AI’s presence is now well established and growing.

Inventor 145
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AI Need Not Apply: Federal Circuit Holds Artificial Intelligence Cannot Be an Inventor

JD Supra Law

5, 2022), the Federal Circuit held that an artificial intelligence (“AI”) system cannot be listed as an inventor on a United States patent. On August 5, 2022, in Thaler v. Vidal, No. 21-2347 (Fed.

Inventor 118
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DABUS: An AI inventor or the Emperor's New Clothes?

The IPKat

The question of whether it should be possible to name artificial intelligence (AI) code as an inventor on a patent application continues to dog patent offices and courts around the world. Patent offices do not generally assess claims of inventorship.

Inventor 142
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U.S. District Court Holds that AI Algorithms Cannot Be Listed as Inventors on Patents

IP Watchdog

District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent and Trademark Office (USPTO) and upholding the Office’s view that AI algorithms cannot be listed as inventors on U.S. patents.

Inventor 113
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CALL FOR APPLICATIONS – IP Researchers Needed for DABUS Patent Application

IPilogue

Student researchers are needed to assist in the preparation of arguments for the ground-breaking DABUS AI patent application in Canada. DABUS and its creator Dr. Stephen Thaler have garnered worldwide attention when patent applications naming DABUS as the sole inventor were filed in several national patent offices. In Canada, Deeth Williams Wall LLP is the agent of record for the DABUS patent application.

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Can my AI collaborator be an inventor?

Larson & Larson

This article will explore the implications of AI inventorship, and discuss its potential benefits to inventors and the world at large. The potential applications of AI are nearly limitless, and it is already being used to create new and innovative products. There are several ways in which AI can assist inventors. This can help inventors to quickly and efficiently identify which ideas are worth pursuing. ” An “inventor” is defined in 35 U.S.C. §

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CAFC Snubs Inventor’s Argument that 101 Rejections Violate APA

IP Watchdog

Court of Appeals for the Federal Circuit (CAFC), in a precedential decision issued today, affirmed a Patent Trial and Appeal Board (PTAB) finding that claims to a computer system for identifying eligibility for Social Security Disability Insurance (SSDI) benefits are invalid as patent ineligible.

Inventor 118
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AI Can’t Hold Patents Because They Require an “Inventor” to Be a “Natural Person”

JD Supra Law

5, 2022), that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming earlier rulings from the United States Patent and Trademark Office (USPTO) and the lower court in the Eastern District of Virginia.

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U.S. Court Rules Artificial Intelligence Cannot be an Inventor (Again)

IPilogue

The latest decision from the United States, Thaler v Hirshfeld , comes off the heels of recent judgements in South Africa and Australia asking if AI can be considered the inventor in patent law. Rules Against AI as an Inventor. The Future of AI as an Inventor.

Inventor 106
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Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor”

JD Supra Law

Striking a blow to patent applicants seeking to assert inventorship by artificial intelligence (“AI”) systems, the U.S. District Court for the Eastern District of Virginia ruled on September 3, 2021 that an AI machine cannot qualify as an “inventor” under the Patent Act.

Inventor 127
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Artificial Intelligence as an Inventor on Patents – The Global Divide and the Path Forward

JD Supra Law

It reportedly conceived two separate inventions without any human intervention and therefore, was designated as an inventor on patent applications related to those inventions.

Inventor 129
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Large entity, small entity or micro-entity: which type of patent applicant are you?

IP Spotlight

When applying for a patent application, certain entities are entitled to reduced USPTO filing fees. Applicants who qualify for small entity status can reduce many USPTO fees by 50%. Applicants who are micro entities can reduce certain fees by 75%. An applicant who is neither a small entity nor a micro-entity is considered to be a large entity and must pay standard fees. and 11.5-year anniversaries of the patent’s issuance.

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Why is Market Research Important for Patent Protection?

Kashishipr

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation.

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AI As A Patent Inventor – An Update From South Africa And Australia

JD Supra Law

and UK Patent Offices have denied patent applications on the grounds that an AI system cannot be listed as an inventor, not every country seems to be following that approach and some may be set to buck the trend. Although the European, U.S.,

Inventor 118
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Can AI Be A Patent Inventor? UK Justices To Weigh In

IP Law 360

Britain's highest court will hear a researcher's high-profile attempt to get an artificial intelligence listed as an inventor on a patent application as he pursues his global IP litigation campaign

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Rage against the Machine: Inventors Must Be Human

JD Supra Law

The US Court of Appeals for the Federal Circuit found that an artificial intelligence (AI) software system cannot be listed as an inventor on a patent application because the Patent Act requires an “inventor” to be a natural person.

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EPO report reveals female representation is increasing among named inventors - but remains low

The IPKat

This Kat is looking out for female inventors Gender balance in the European intellectual property profession is a topic of much comment, with the EPO's recent publication of a study on female representation among inventors adding some interesting figures to the discussion.

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DABUS Will Need to Wait—U.S. District Court Affirms USPTO's Denial of AI System as Inventor

JD Supra Law

Earlier this month, a federal district court issued the first judicial decision in the country addressing whether an AI system can be an "inventor" under U.S. patent law.

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DABUS Sent Back to Drawing Board Following Reversal of Inventorship Decision by Australia Court

IP Watchdog

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Each application names DABUS as the sole inventor.

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