Intellectual Property Law Blog

JUNE 7, 2023

Industry stalwarts and startups alike have launched generative models that can create new text, images, video, 3D models, and even software code — with the promise of more powerful and disruptive innovations to soon follow. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments.

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Patent Intellectual Property Patent Application Inventor 130

LexBlog IP

AUGUST 11, 2022

Previously, the Court of Appeals for the Federal Circuit (“Federal Circuit”) has found that a non-human may infringe patents. But can an AI system be a named inventor on a patent? That may have been done by the AI system, which raises the question as to who is the inventor of the invention created by that system.

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Intellectual Property Law Blog

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. AI patent activities by year. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development.

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Invention Patent Privacy Inventor 242

JD Supra Law

FEBRUARY 13, 2023

Steven Thaler filed two patent applications naming “Device for the Autonomous Bootstrapping of Unified Science” (DABUS) as the sole inventor. DABUS is an artificial intelligence software system. Thaler petitioned the PTO Director to vacate the notices, which the PTO denied. Thaler then sued the PTO in the U.S.

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Inventor Patent Application Trademark Patent 52

Patently-O

DECEMBER 19, 2022

That problem had apparently been known in the legislation drafting software area for a while, too. Xcential then was the first, and apparently only, one to file a patent application naming its long-time coding expert as inventor. The patent application is here. By David Hricik, Mercer Law School.

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Patently-O

APRIL 10, 2024

By Dennis Crouch In a recent unpublished decision, the Georgia Court of Appeals affirmed summary judgment in favor of CPA Global Support Services, LLC (“CPA”) (now part of Clarivate) against a claim of negligent misrepresentation brought by inventor James C. and his patent holding company (Spectrum Spine). Robinson, M.D.

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Contracts Law Inventor Patent Application 75

SpicyIP

APRIL 30, 2024

Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. Background The appellant (Microsoft) filed a patent application on 27 February 2012 for an invention titled “Message Communication of Sensor and other Data.”

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IPilogue

SEPTEMBER 6, 2022

The IP principle that abstract ideas cannot be patented has often been misapplied to the development of software, often boiling down to concluding software to be unpatentable. However, which parts of software are patentable, and which parts are not?

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IP Law Patent Patent Application 59

Patent Trademark Blog

APRIL 14, 2022

Will your patent be rejected? Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. How to respond to utility patent rejections.

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LexBlog IP

MAY 20, 2022

PatentNext Summary: Artificial Intelligence (AI) Patent Application filings continue their explosive growth trend at the U.S. Patent Office (USPTO). At the end of 2020, the USPTO published a report finding an exponential increase in the number of patent application filings from 2002 to 2018.

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IPilogue

FEBRUARY 13, 2023

For the first time in decades, the US Supreme Court will engage with enablement in patent applications. Specifically, Amgen seeks to appeal a decision from the Federal Circuit , in which the court found Amgen’s patents invalid for lack of enablement. The requirement of enablement in US patent law is codified in 35 USC s.

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Patently-O

APRIL 21, 2024

Datzov, The Role of Patent (In)Eligibility in Promoting Artificial Intelligence Innovation , 92 UMKC L. AI Visualize had asserted four related patents that facilitated use of a low-bandwidth web portal for visualizing 3D/4D medical scans. Patent Nos. Patent Nos. .” Nikola L. 1, 4 (2023). AI Visualize, Inc.

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Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. Sunoco’s patents cover systems for blending butane into gasoline. The patents here are pre-AIA and so the on-sale bar included a one-year pre-filing grace period.

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Invention Contracts Licensing Inventor 82

LexBlog IP

DECEMBER 6, 2021

A comprehensive guide to intellectual property and legal protections for software technology. As a software developer, investor, visionary that has invested significant time and resources into software technology, it is crucial not to share the details of your innovation until you have taken steps to protect it properly.

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Intellectual Property Patent Application Invention Branding 52

IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

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Patently-O

MAY 13, 2022

Following a failed en banc petition, famed inventor Gilbert Hyatt hired a new Supreme Court counsel (the famed Erwin Chemerinsky) who has now filed a petition for writ of certiorari focusing on standards for dismissing Administrative Procedure Act (APA) claims. Of those, 99% list Gilbert Hyatt as an inventor.

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Patent Inventor Patent Application Law 133

IPilogue

OCTOBER 25, 2021

Part 3: Filling for a Patent or Trademark, What Can I Expect? Part 4: Filing for a Patent in Canada and Beyond. Patent protection is jurisdictional, which means that your invention is only protected in the country (or countries) where the patent was issued. The US Provisional Patent.

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LexBlog IP

MARCH 25, 2022

What Information is included in a Patent? And Does it Apply to Stakeholders of a Patent Lifecycle. Patents are composed of several different parts, each of which serves a particular purpose in securing the rights of an invention. Each component can provide information to the various stakeholders in the life of a patent.

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Patently-O

AUGUST 2, 2021

During that time he filed a number of patent applications that came from his time on-leave and that he assigned to Omni. However, UM argued that it owned the patents based upon his employment agreement; that it had expended some ongoing funds; and that Islam had bounced ideas off of some of the faculty members. Omni MedSci v.

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Patent Contracts Inventor Ownership 99

Kashishipr

MAY 5, 2021

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ ’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition.

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The IP Law Blog

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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Intepat

OCTOBER 13, 2023

Section 3 of the Patents Act, 1970 (the Act) puts forth the criteria of what does not fall under the ambit of “inventions”. The inventive step as designated in the application reduces time associated with scheduling job execution in HPC systems with a direct impact on reduced computational demands.

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IPilogue

MAY 31, 2022

Google’s contribution to the US patent system. Healthy patent systems can sometimes be described as a way to incentivize creative inventions, encourage building on existing ideas, and avoid frivolous litigation. Concern with the US patent system. Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

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Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. Berkheimer, No.

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Patent Intellectual Property Invention Inventor 102

Larson & Larson

MARCH 26, 2021

What is a Patent? Understanding what exactly a patent is, and the purpose they serve, is important when determining if you need one. Well-known examples of patents include the iPhone, where Apple has exclusive rights to determine where iPhones can be sold and how they are represented, or even GPS. The Different Types of Patents.

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LexBlog IP

MAY 31, 2023

Supreme Court invalidated two of Amgen’s patents for its cholesterol drug, Repatha, making it more difficult for patentees to obtain broadly worded patents. [1] The patents incorporated what is known as functional claims, where an invention is defined by its function instead of its physical components.

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LexBlog IP

SEPTEMBER 8, 2021

Knowing this, a friend recently directed me to a podcast from a well-known marketing guru who was giving advice about intellectual property, and patents in particular, during one of his episodes. Patent and Trademark Office gave away process patents like candy. In reality, what is patentable is set out by statute.

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Patent Invention Intellectual Property Inventor 52

LexBlog IP

JULY 6, 2023

Interesting Patents | Revolutionizing Interaction in Virtual Reality: Sony’s New Peripheral Tracking System by Founders Legal The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. Looking for more information on patents ?

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Patent Patent Application Technology Intellectual Property 52

Intepat

APRIL 19, 2023

CRIs are inventions that are based on computer software or hardware and are becoming increasingly important in a variety of fields, including finance, healthcare, and telecommunications. The article delves into the legal framework surrounding CRIs in India, through the lens of case laws and guidelines issued by the Indian Patent Office.

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IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Patents and the Magical World of Psychedelics by Bonnie Hassanzadeh. Introducing the College of Patent Agents & Trademark Agents. Photo by Engin Akyurt ( Unsplash ). David Vaver. Copilot or Co-Conspirator?

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LexBlog IP

MAY 4, 2023

In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO. The patent system enables the protection of innovative ideas, and newly published patent applications provide a glimpse into the future of technology and innovation.

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LexBlog IP

AUGUST 30, 2021

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. AI patent activities by year. Inventors and patent attorneys often face the challenge of effectively protecting new AI technology development.

Invention 52

Invention Patent Privacy Inventor 52

LexBlog IP

JUNE 15, 2023

Interesting Patents | Snap: Geolocation Based Playlists + D’Addario: Synthetic Reed With Cane Particles by Jaime Chandra The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. Looking for more information on patents ?

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LexBlog IP

APRIL 11, 2023

Interesting Patents | USA | Tuesday, April 11, 2023 @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-6435b7e7bf4cc5036{display: important;}} The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period. Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc.

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The IPKat

DECEMBER 24, 2022

Board of Appeal finds no legal basis for the requirement to amend the description in line with the claims (T1989/18) (26 Dec 2021) Can amending the description to summarize the prior art add matter to the patent application as filed? (T Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) ST.26

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The IPKat

OCTOBER 2, 2023

Therefore, while the interpretation of G 2/21 has so far predominantly been in Board of Appeal cases in the biotech field ( T 0873/21 , T 1394/21 , T 0116/18 ), G 2/21 also has relevance to any case for which a new technical effect, not mentioned in the application as filed, is relied on for inventive step.

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