AI Patenting


Judge Brinkema sides with USPTO — holding that the Patent Act’s use of the term “individual” is limited to a human person — and thus that only humans can be inventors. USPTO AI patent Decision. PatentRead the decision here: Thayler v.

Patent Protection on AI Inventions

Intellectual Property Law Blog

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. Patents


Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Patent Eligibility Jurisprudence


The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. In both cases, the Government argued that the Court’s recent decisions have strayed from earlier precedent and have fostered uncertainty regarding the patent eligibility standards. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? patent system.

Pesticide Patents: Not ‘Working’ Out?


While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. Notably, several pesticides manufactured by European companies are going off patent in recent times.

Pride in Patent Ownership Act


A bipartisan pair of Senators have proposed the “ Pride in Patent Ownership Act.” ” The premise is that if you own a patent, you should be proud to own the patent — and actually record your ownership interest. Patentby Dennis Crouch.

HP’s Patent Development Group Is Seeking a Patent Attorney

IP Watchdog

HP’s Patent Development Group is seeking a highly motivated patent attorney to join its legal team in either their Houston, TX or Vancouver, WA location. jobs Patent Attorney Position patent job patent jobs patent prosecution jobs

Dapagliflozin Patent receives another Blow: Same Old Coverage-Disclosure Story


To quickly recap the arguments, AstraZeneca claims that sale of Dapagliflozin violates not one but two of its patents: the genus IN 205147 (IN 147) which expired in October 2020, and the species IN 235625 (IN 625) set to expire in 2023. One invention, two patents?

All About Provisional Patent Applications


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?

Low Quality Patents’ Threat to the Patent System

Research suggests that 28% of patents are at least partially invalid. The post Low Quality Patents’ Threat to the Patent System appeared first on - IP Innovation and Analytics. Patent Search & Analytics

Thomas Edison and the Consumer Welfare Benefits of Patent Enforcement

IP Watchdog

Would you believe the following scenario could happen under our patent system?

A Closer, Evidence-Based Look at ‘Patent Quality’ Advocacy

IP Watchdog

The Patent Infringer Lobby has ramped up banging the drum about “patent quality.” They dedicated a week-long campaign to questioning "patent quality,” which its constituents regard as a huge problem. Patent and Trademark Office (USPTO) Director Andrei Iancu left the building.

Stakeholders Should Not Miss Congress’s Invitation For Feedback On Patent Eligibility

Intellectual Property Law Blog

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on on October 7, 2021. According to the opinion, the claimed method was directed to an application of Hooke’s law, and thus patent ineligible.

Federal Circuit Further Eases Path for Obtaining Design Patents


This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases. The result is that it should become easier to obtain design patent protection. Patentby Dennis crouch.

USPTO’s Patent Quality and Pendency Programs are Bearing Fruit

IP Watchdog

According to Strategic Goal 1 of the United States Patent and Trademark Office’s (USPTO’s) FY2020 Performance and Accountability Report (PAR), the USPTO is committed to high-quality patent examination in a timely manner.

USPTO Moves Ahead with Changes to Patent Bar Registration

IP Watchdog

Following a Request for Comments in March 2021, the United States Patent and Trademark Office (USPTO) yesterday published a Federal Register Notice updating the General Requirements Bulletin (GRB) for admission to the registration exam to practice in patent cases before the Office.

Utility Patents Granted per Calendar Year, 1840-2020


I’m getting ready to teach my Fall 2021 Patent Law class, and that means doing an updated patent grant graph. utility patents granted per year from 1840-2020: Data for 2021 isn’t included in the table, but as of July 31, 2021, the authority file contains 195,480 patents.

The U.S. Patent System and Quantum Cryptography: An Awkward Relationship

IP Watchdog

Courts Guest Contributors IP News IPWatchdog Articles Patents Technology & Innovation Guest Contributor innovation intellectual property patent eligibility patent eligible patentability requirements patents quantum computing quantum cryptography Section 101 technology USPTO

Patent 113

IP 101: Patentable Subject Matter

JD Supra Law

Under the patent statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law.

Trade Secrets Pre Patenting


Although trade secrets are independently important, they are play a key temporal role in the patenting process. But, there is typically a months-long process of moving from conception to a filed patent application. During that time the invention is typically kept secret in order to avoid losing patent rights due to early disclosure. Conventional Wisdom: Keep inventions secret until the patent application is filed. Patentby Dennis Crouch.

The ‘Restoring America Invents Act’ Would Open the Floodgates for Patent Owner Harassment

IP Watchdog

The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu.

Most Common Design Patents 1842-2021


This time, I was able to go back to the 1840s and show the most-common design patent titles from each era. The bulk of the data also comes via OCR of images and so there are some artifacts (although I did read-through the first 1,000 design patents). One example that shows up in the data are the “island” patents — that word was somewhat randomly picked-up. Patentby Dennis Crouch. link]. This is a remake of a video I made a few weeks ago.

What is a Patent Waiver?

The term “patent waiver” has dominated domestic intellectual property news since President Biden announced his support for a World Trade Organization (WTO) proposal waiving IP protection for COVID vaccines. Usually, The post What is a Patent Waiver? Patent Filing & Litigation

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part II


In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Flexibility in Procedure or Bending Over Backwards for Higher Patent Filing? Image with the text ‘open the gate’ (Image from here ).

CAFC Reverses PTAB Patentability Finding in Campbell Soup Dispenser Case

IP Watchdog

Court of Appeals for the Federal Circuit yesterday reversed the Patent Trial and Appeal Board’s (PTAB's) finding that Campbell Soup Company, Campbell Sales Company, and Trinity Manufacturing, LLC did not demonstrate the claimed designs of Gamon, Inc.’s The U.S.

Art 99

In First Half of 2021, 63% of U.S. Patents, 48.9% at EPO and 40.1% in China Were Software-Related

IP Watchdog

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.

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

Intellectual Property Law Blog

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. patents,” Office of the Chief Economist, IP Data Highlights (October 2020). Patent Office Appeals

Building High-Quality Patent Portfolios in the United States and Europe: Part II – Software Patents

IP Watchdog

In Part II, we will focus on software patents with U.S. The number of software related patent applications that are filed at the United States Patent and Trademark Office (USPTO) and European Patent Office (EPO) continues to increase despite heightened scrutiny during examination.

Art 80

Patents and Drug Availability


The district court found Amarin’s asserted patent claims obvious and the Federal Circuit affirmed that holding in a R.36 I expect EPADI to lose its appeal, but it raises an ongoing interesting question about the role of patents in the availability and pricing of drugs and biologics.

Art 71

Elevate your Patent Prosecution


PatentCool upcoming event in Salt Lake City. See you there in a few weeks! Sept 24-25, 2021. Elevate your Prosecution.

Industry Snapshot: Cannabis Plant Patents

JD Supra Law

A plant patent is granted to an inventor who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. Patent Office between December 20, 2016 and June 29, 2021.

Data on Transition Phrases in Patent Cases


You may have heard that most US utility patent claims use the open transition phrase COMPRISING. The chart below shows data from independent claims gleaned from issued US patens grouped by patent issue year. ” Patentby Dennis Crouch.

Muncy, Geissler, Olds & Lowe is Seeking a Patent Associate

IP Watchdog

located in Fairfax, VA, is seeking a Patent Attorney / Agent with 2+ years of experience as a registered patent attorney or patent agent. This associate will have the opportunity to work (remotely or onsite in Fairfax, VA) on a variety of patent prosecution projects.

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part I


The Report focuses on reviewing the working of the Patents Act since its 2005 amendment that brought the Indian legislation in compliance with the TRIPS Agreement. The singular focus of these recommendations is on increasing patent filing in the country.

Federal Circuit Kills PersonalWeb’s ‘Content-Based Identifier’ Patent Claims Under 101

IP Watchdog

that PersonalWeb Technologies' patent claims were ineligible under Section 101. The case has a long history and the CAFC has dealt with the patented technology before. The specific patents at issue here are U.S. Patent Nos. The U.S.

Teva Wins One, Loses Two at CAFC in Migraine Treatment Patent Cases

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit today issued two precedential decisions and one nonprecedential decision in cases involving Teva Pharmaceuticals and Eli Lilly, delivering wins and losses for each company.

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. What is a Provisional Patent Application?

How to Successfully Obtain Blockchain Patents

Intellectual Property Law Blog

As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these concepts. Blockchain Patents Blockchain Patents

Key Insights from the PTAB’s Updated Orange Book and Biologic Patent Study

IP Watchdog

Patent and Trademark Office Patent Trial and Appeal Board (PTAB) recently released an update to its Orange Book patent and biologic patent study, examining post-grant petitions filed against Orange Book patents and biologic patents between September 16, 2012, and June 30, 2021.

Do R&D Teams Really Need a Patent Search Tool?

Not long ago, patent searching was seen as the exclusive domain of IP departments. Some company cultures discouraged researchers, engineers, and other inventors from looking at patents at all, fearing. The post Do R&D Teams Really Need a Patent Search Tool?

Tesla’s Lasers on Vehicle Patent

TraskBritt Intellectual Property

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” The Tesla laser patent application also considers using the technology to clean debris from photovoltaic solar panels.

CAFC Clarifies Standard for Damages Under Patent Marking Statute

IP Watchdog

District Court for the Central District of California that had awarded damages to Lubby Holdings LLC for patent infringement by Henry Chung. The U.S. Court of Appeals for the Federal Circuit (CAFC), in a precedential opinion authored by Judge Dyk, partially reversed a ruling by the U.S.

Patent Filings Roundup: Trio of Actions Accuse IP Investments of Coordinated Campaign with Intellectual Ventures Backend; Judge Albright Cancels One of 141 WSOU-Asserted Patents; New Magnetar Entity Surfaces

IP Watchdog

A light Patent Trial and Appeal Board (PTAB) and busy district court week for patent filings marked the 10-year anniversary of the passage of the America Invents Act, with 18 petitions (two post grant reviews [PGRs] and 16 inter partes reviews [IPRs]) and 78 district court complaints filed.

Federal Circuit Affirms 101 Invalidation of Secure Transaction System Patents in Victory for Apple and Visa

IP Watchdog

in which the appellate court affirmed the District of Delaware’s grant of a motion to dismiss Universal Secure Registry’s (USR) patent infringement allegations. On Thursday, August 26, the U.S.