The IPKat

OCTOBER 2, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 arose from a case seeking guidance on the evidence requirement for a purported technical effect relied on for inventive step ( IPKat ). This often creates a problem for applicants in cases where a purported technical effect requires experimental evidence.

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Kluwer Copyright Blog

DECEMBER 11, 2023

Here the final version is a clear improvement over the original Parliament text as it no longer suggests that model providers need to distinguish between copyright-protected and public domain training materials and then apply different transparency standards to both, which would be unworkable.

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LexBlog IP

NOVEMBER 17, 2022

The first notice, titled “Expanding Opportunities To Appear Before the Patent Trial and Appeal Board,” [2] requests public comments on four topics. The USPTO is now considering other procedures and standards for non-registered attorneys. ” [1]. The process for limited recognition would not change.

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Velocity of Content

JUNE 15, 2022

On March 18 th , one aspect of these potential revisions was put on the table, the “ SMART Act ,” which (among other matters) proposes updating how to address “Standard Technical Measures” (STMs). To what does this phrase “Standard Technical Measures” refer?” Before we look forward, we need to back up first. “To

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SpicyIP

FEBRUARY 23, 2023

Image from here A topic close to this blog’s heart – informal innovation, recently made headlines. They may not qualify as ‘inventions’ under the high standards of patent law but they are innovations nonetheless and ones that can go a long way in making positive societal changes. All this and more in the years to come.

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The IPKat

OCTOBER 9, 2023

Article 3) Is it part of the WIPO mandate to provide technical/financial assistance to Developing Countries and Least-Developed Countries? Technical assistance for implementation of the DLT-system? Again, the group defending a strong technical assistance-provision viewed the issue from a mainly principal perspective.

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Olartemoure Blog

AUGUST 10, 2022

Having data management programs synced with technical measures and high standards of data protection allow companies to build confidence in their stakeholders and become a more attractive player in the market. Competitive and reputational matters : privacy is one of the current motives which drives consumer choices in the marketplace.

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LexBlog IP

JANUARY 30, 2024

Translating technical standards into practical, actionable implementation plans. Global technical standards and open-source projects should be translated into practical applications and implemented across new and existing systems. Regulators should work with international standard-setting bodies.

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LexBlog IP

FEBRUARY 28, 2023

” It should also be noted that although the term “technical” is used frequently by the EPO when commenting on patentability, the term is not defined in the EPC. The EPO adopts a “two-hurdle” approach for assessing inventions that may include a mix of technical and non-technical features.

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Technology & Marketing Law Blog

JULY 4, 2022

This case involves copyright protection for fireworks systems–a relevant topic for July 4th! ” This kind of vague technical jargon is what we typically see in patent specifications, not “original works of authorship.” ” The system involves a central unit, field modules, and software to run the system.

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LexBlog IP

MAY 3, 2023

Article 40 further grants the Commission power to adopt delegated acts to further specify the technical conditions under which VLOPs and VLOSEs will be required to permit access to such data. If you would like further information on this topic, please contact A&L Goodbody’s Commercial & Technology team.

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Kluwer Copyright Blog

MARCH 19, 2024

Defense counsel corroborated these arguments with detailed and technical explanations presented to the court. Yet, the court failed to grapple with this topic and missed the opportunity to articulate a workable standard for distinguishing original works and transformative uses from pre-existing art works.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

Copyright law has always been an emotional topic. These are the standard narratives played out in various such occasions – see the public consultation responses. To repeat, copyright law is an emotional topic. Fuelled by AI concerns, it becomes borderline explosive.

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Kluwer Copyright Blog

MARCH 19, 2024

Defense counsel corroborated these arguments with detailed and technical explanations presented to the court. Yet, the court failed to grapple with this topic and missed the opportunity to articulate a workable standard for distinguishing original works and transformative uses from pre-existing art works.

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Art Plagiarism Artwork Graphic Design 52

The IPKat

JANUARY 27, 2023

However, the EBA's decision also included some pointed remarks on the limitations of ViCo, and went so far to say that in-person proceedings were the gold-standard and should be the default in the absence of a general state of emergency impairing the parties' ability to attend ( IPKat ).

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LexBlog IP

SEPTEMBER 24, 2022

The NSF funding Regional Innovation Engines to support biotechnology and biomanufacturing topics such as manufacturing life-saving medicines. The post Executive Order for Advancing Biotechnology and Biomanufacturing Innovation Signed by President Biden appeared first on Big Molecule Watch.

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Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive. from Audible Magic or Pex ).

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The IPKat

APRIL 10, 2024

Chilling effect: The ease of access to subscriber information under the Regulation might create a chilling effect on freedom of expression, particularly for individuals who rely on private communication for sensitive topics like political activism or reporting on government misconduct.

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LexBlog IP

DECEMBER 15, 2023

Definition of “Offer Health IT” Under the information blocking regulatory framework, health IT developers of certified health IT are held to a higher standard with respect to information blocking and are subjected to higher potential penalties for information blocking than health care providers.

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Intellectual Property Law Blog

MAY 2, 2023

Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). This Guidance covers some important topics.

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LexBlog IP

SEPTEMBER 9, 2022

The notice reminds practitioners, “The USPTO hold those individual subject to this duty [of disclosure] to the highest standards. Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1. Technical Advisor. Who Has a Duty to Disclose. John DeStefano.

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LexBlog IP

JANUARY 3, 2022

The plaintiff – Healthcare Resources Management Group, LLC (“HRMG”) – is a producer of pharmaceutical-grade hemp products that sells a topical cannabidiol (“CBD”) cream under its Pharmalieve brand and on a “white label” basis using alleged trade secrets. at *4-6, 15. ” Id. FOOTNOTES. [1]

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Velocity of Content

JULY 8, 2021

As I dug down further on the topic, I ended up tumbling down a bit of a rabbit hole concerning certain nooks & crannies of copyright that I hadn’t known much about; at that point, I thought it might be useful (to some) and interesting (to others) to share them here. There are standard answers to many of these questions.

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Copyright Blogging Intellectual Property Registration 70

The IPKat

DECEMBER 28, 2021

Nonetheless, the written decision, when this finally became available, included reasoning on how in-person proceedings should be preferred, and went so far to say that in-person proceedings were the gold-standard ( IPKat ). from common general knowledge) that the purported technical effect had in fact been achieved at the filing date.

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Invention Publishing Patent Law 67

IP and Legal Filings

NOVEMBER 30, 2022

Trade in goods and services, investments, intellectual property, dispute resolution, e-commerce, small and medium-sized businesses, and economic cooperation are the main topics of discussion during the negotiations. Non-tariff measures (NTMs) advocate for more open customs policies and practises to facilitate trade for RCEP member nations.

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Kluwer Copyright Blog

JANUARY 17, 2024

On the topic of authorship, it could be argued that someone (one person or a group of persons) will still have high-level control of the training process, and that control could be enough to attribute authorship. In fact, each weight is a simple instruction, which can only be expressed that way, i.e. as a numerical value.

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The IPKat

DECEMBER 22, 2023

G2/21 and the mysteries of plausibility The topic that this Kat has spent the most electronic ink on this year is undoubtedly G 2/21. Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Food for thought.

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The IPKat

JULY 30, 2023

Counterfeit goods Last but not least, a hot topic for second-hand fashion is the resale of counterfeit goods. Online platforms will handle all technical aspects like shipping, logistics and authentication while gaining credibility, more popularity, and customers by partnering with brand owners. 49,50, 75).

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LexBlog IP

FEBRUARY 7, 2024

4] Globally, countries are at varying stages in enacting rules governing AI, signalling a range of approaches to the technology’s regulation across jurisdictions. [5] 6] For example, the CMA published an initial report on AI foundation models in September 2023. [7] 2] Ibid , at para. 3] Ibid , at para. 5; see also paras. 23 and 24. [4]

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The IPKat

FEBRUARY 14, 2022

The first webinar will be held by Professor Jack Kloppenburg on "Stand and Deliver: Biopiracy, Law, and the Balkanization of the Genescape" on 22 February 2022 from 9:00am to 10:00am, Australian Eastern Standard Time. More information about this topic is available here.

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The IPKat

MARCH 21, 2024

The patentee pointed to numerous technical difficulties that a skilled person would face in modifying the method of the prior art to work in situ , and argued that the skilled person would thus have had no reasonable expectation of success. Further reading What is the standard for preliminary injunctions before the UPC?

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Invention Art Patent Licensing 57

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Part II explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive. Is this technically plausible?

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Kluwer Copyright Blog

APRIL 22, 2022

Readers interested in the topic, should also note another important study on copyright and AI conducted in parallel and just released by the team of Alain Strowel, Sari Depreeuw, Luc Desaunettes-Barbero et al., The crux of the test is therefore in step (3), which encapsulates the essence of the originality standard under EU copyright law.

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The IPKat

MARCH 24, 2023

In order to understand whether a purported technical effect may be relied on for inventive step, the EBA concludes that the substantive question remains what would the skilled person understand from the application as filed? For the EBA, the substantive question at the heart of G 2/21 is a familiar one that needs no reference to plausibility.

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IP Tech Blog

APRIL 11, 2023

There has been pervasive use of Generative AI over the past few months, to create essays, works of art, music, and even source code for computer programs, as well as to take standardized examinations such as the LSAT, classroom exams, and even bar exams. OpenAI’s ChatGPT and Google Bard are the most recent prominent Generative AI entries.

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Patently-O

MAY 23, 2022

Experienced patent litigators, many of whom also prosecuted patents, brought their technical and litigation experience to the table. The advantages of standardized and coordinated patent case management became apparent and have revolutionized patent case management. SELECTED TOPICS. PATENT INFRINGEMENT. THREATS ACTIONS.

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

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