LexBlog IP

SEPTEMBER 9, 2021

PatentNext Summary: In some instances, software-based patent applications can fail to include a sufficient algorithm describing “how” the software interacts with the underlying hardware of the invention. Therefore, as a general rule, software-related patents should include an algorithm.

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IP Watchdog

SEPTEMBER 16, 2021

On Day 2 of IPWatchdog LIVE, a lively morning panel was convened on the subject of “Is the Federal Circuit Killing Software Patents?”

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LexBlog IP

DECEMBER 21, 2023

Stephen Thaler, nelle quali veniva designato come unico inventore il sistema di intelligenza artificiale “DABUS”, di proprietà dello stesso Dott. Stephen Thaler. Le due domande erano state inizialmente respinte dall’UKIPO nel 2019 (decisione disponibile qui ), sostenendo che il Dott. §§ 54-73).

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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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LexBlog IP

MAY 31, 2023

part of a patent claim), does the AI system need to be listed as an “inventor”? patent law, an inventor is one who contributes to the conception of at least one claim element of a given patent claim (i.e., patent law. patent law. Conception is important because, at least under U.S.

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Larson & Larson

JANUARY 10, 2021

Patents were designed to protect inventions and ideas that are new and non-obvious. Ultimately, a patent is a form of intellectual property protection that gives the creator exclusive rights to legally market, sell, manufacture, and profit from the invention. Utility Patent. Design Patent. Plant Patent.

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Patently-O

AUGUST 29, 2023

The case offers a few key takeaways for entrepreneurs delving into the patent system. Background : William Taylor and his business partner developed a software application called SafeCell and assigned the patent rights to their startup company W2W. They hired Hunton AK to handle the patent application process.

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JD Supra Law

DECEMBER 1, 2021

There is a split developing in the world over whether artificial intelligence software (AI) can be listed as an inventor on a patent application. In September 2021, the district court held that there was “overwhelming evidence” that Congress defined the term inventor in the Patent Act to include only natural persons.

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The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” A patent protects an invention.

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Olartemoure Blog

JULY 21, 2023

MULTI-CHANNEL BRAIN OR CORTICAL ACTIVITY MONITORING AND METHOD US 11,553,869 B1 Inventors: Stéphane Bibian, Tatjana Zikov Assignee: NeuroWave Systems Inc. Date of Patent: Jan. SYSTEM FOR VARIABLY CONFIGURABLE, ADAPTABLE ELECTRODE ARRAYS AND SOFTWARE US 11,633,595 B2 Inventor: Michael P. Date of Patent: Apr.

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IP Watchdog

AUGUST 8, 2023

Recently, it has come to my attention that a system that utilizes a camera to capture images and software to run facial recognition is being rejected by the United States Patent and Trademark Office (USPTO) as an abstract idea.

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The IP Law Blog

DECEMBER 8, 2022

A lot of people have gotten patents for things related to Christmas. There are a number of patents intended to help parents convince children that Santa has been there. This patent covers a Christmas stocking that contains a light bulb or LED, a battery to power the light, and a hidden switch that turns on the light. 10,123,646.

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Biswajit Sarkar Copyright Blog

OCTOBER 30, 2023

The use of fingerprint recognition has grown significantly in recent years. It is now a common feature in many aspects of our lives, from unlocking our smartphones and accessing secure apps to entering high-security facilities, this technology is everywhere. These features are used to create a unique digital representation of the fingerprint.

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Intepat

MAY 2, 2024

This journey is about unlocking the potential of quantum technology while ensuring that inventors and innovators are rightfully recognized and protected. The unique nature of quantum innovations poses novel challenges in patenting, necessitating legal frameworks that acknowledge the intricate dance of particles in the quantum realm.

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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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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

FEBRUARY 13, 2023

During one of the meetings, Sywula apparently sketched-out a diagram on a napkin that he gave to DaCosta and that eventually served as a basis for the patent filings in this case. Then came the patenting. Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting.

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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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Kashishipr

MARCH 9, 2022

A patent is a form of Intellectual Property (IP) granted to the owners of an invention or innovation, giving them the right to control how others could use or exploit their invention or innovation. If a business company releases its software via open-source licensing, it can limit the company’s ability to assert its Patent Rights.

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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

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Introduction Software refers to a compilation of instructions, data, or programs designed to operate machinery and execute specific tasks. The realm of software serves as the driving force behind modern efficiency and innovation in various industries, relying on intricate instructions and programs to accomplish specific tasks.

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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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IP Law 360

MAY 19, 2023

An inventor of anti-malware software is asking the Federal Circuit for en banc review after a panel tossed a $20 million jury patent verdict in his favor against Google and its Chrome browser, saying the opinion risks improperly invalidating "countless reissue patents that otherwise meet the conditions of patentability."

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IPilogue

NOVEMBER 23, 2021

Patent and Trademarks Office (USPTO) closed the public comment period on the contentious topic of patent eligibility. Patent and Trademarks Office (USPTO) closed the public comment period on the contentious topic of patent eligibility. The law outlines what innovators can and cannot patent in the United States.

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IP Watchdog

AUGUST 26, 2021

Yet the debate still rages over when a software (or computer-implemented) claim is patentable versus being simply an abstract idea “free to all men and reserved exclusively to none” (as eloquently phrased over 73 years ago by then-Supreme Court Justice Douglas in Funk Bros. Supreme Court’s 2014 Alice Corp. CLS Bank decision.

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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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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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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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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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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

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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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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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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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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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. This trend has continued.

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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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Canadian Intellectual Property Blog

JANUARY 6, 2021

Some of the most valuable inventions are software implemented methods. Many software methods are business method patents designed to make business more efficient. Software patents, historically, were not considered patentable. This changed in 2010 with the granting of the Amazon 1-click patent.

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