4,861 results on '"PATENT law"'
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2. The Pros and US Intellectual.
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INTELLECTUAL property , *COPYRIGHT , *TRADEMARKS , *PATENT law , *MUSIC & technology - Abstract
The article examines current legislative efforts to protect intellectual property and enhance public access to codes and standards. Topics discussed include the Pro Codes Act's balance between copyright protection and public access, the Music Modernization Act's impact on music licensing and royalties, and the challenges and updates in trademark and patent law.
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- 2024
3. ESTOP ME NOW: THE NEED FOR EXTRINSIC EVIDENCE IN REBUTTING PROSECUTION HISTORY ESTOPPEL VIA TANGENTIAL AMENDMENTS.
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WHEELER, WILLIAM F.
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PATENT law , *LEGAL evidence , *APPELLATE courts , *PRESUMPTIONS (Law) , *JURISPRUDENCE - Abstract
In 2002, in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., the U.S. Supreme Court significantly changed patent law when it rejected the Federal Circuit's absolute bar approach to prosecution history estoppel. The decision expanded the doctrine of equivalents by creating three exceptions to prosecution history estoppel. Of the three exceptions, however, the Court provided de minimis guidance on the tangential amendment exception, leaving the Federal Circuit to sort out when a narrowing claim amendment is only tangentially related to a claimed equivalent. This ambiguity has resulted in pronounced inconsistency among Federal Circuit panels in deciphering the scope of this exception. Differing judicial approaches in interpreting gaps within the prosecution history record have further compounded this inconsistency. Moreover, the nuanced challenges that patents in complex and evolving fields pose has led to a more lenient application of the exception in these fields compared to patents in other domains. Consequently, the jurisprudence stands in a state of disarray, lacking the essential clarity needed for equitable implementation. This Note argues that to rectify this ambiguity and align with the Festo decision, patentees should be allowed to present extrinsic evidence. Relying solely on intrinsic evidence, which often offers limited and unreliable information, has overly emphasized the notice function of the prosecution record. The Warner-Jenkins presumptions, combined with extrinsic evidence to challenge estoppel through tangentiality, presents a balanced approach, promoting fairness and equity among patentees. [ABSTRACT FROM AUTHOR]
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- 2025
4. Defeating Patent Trolls at the Pleading Stage: A New Approach to Attacking Means-Plus-Function Patents.
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Spagnuolo, Nicholas R.
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NONPRACTICING entities (Patent law) , *PATENTABILITY , *PATENT law , *MOTIONS to dismiss , *DISTRICT courts - Abstract
Courts have recently been struggling to answer an open question related to whether patent validity can be challenged at the pleading stage. In Alice Corp. v. CLS Bank International, the Supreme Court created a "litigation gatekeeper" for patent eligibility claims. Yet, lower courts come to conflicting conclusions whenfaced with early-stage motions to dismiss based on validity. No article has focused on how the analytical framework used by district courts in a motion to dismiss for ineligibility under Alice can be extended to other areas of patent law. I conclude that patent validity may be determined as an issue of law for a judge. As an issue of law, validity can be challenged at the pleadingstage for a portion of patents that cannot be revived through claim construction. The Article proposes an analytical framework that mirrors the steps of patent ineligibility for district courts to use when faced with a motion to dismiss for invalidity with means-plus-functions claims. Means-plus-function claims present broad language that makes them more susceptible to abuse by non-practicing entities who intend on asserting overbroad patents to force settlements (known as "patent trolls"1 District courts have been wary to entertain motion to dismiss on invalidity at the pleading stage, creating a "settled practice" of delaying a ruling. But, by delaying a ruling, district courts are providing economic ammunition to patent trolls, which creates a hardship for many alleged infringers. In short, by using the provided framework, alleged infringers are protected by resolving claims early in litigation, which lowers the transactional cost of challenging overbroad patents and promotes innovation and growth within the patent system. [ABSTRACT FROM AUTHOR]
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- 2025
5. Undressing AI: Transparency Through Patents.
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Perritt Jr., Henry H.
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GENERATIVE artificial intelligence , *INTELLECTUAL property , *PATENTABILITY , *PATENT law , *PATENT applications - Abstract
Pressures for more flexible acceptance of patent applications involving computer inventions and pressures to require greater transparency of generative artificial intelligence ("Al") products may represent a perfect storm for patent eligibility clarification and for AI transparency. The revolution in artificialintelligence technology has led to an upsurge in applications for patents covering AI inventions. Whether these inventions are eligible for patent protection intensifies a vigorous debate that has surrounded two Supreme Court decisions in the last ten years that erect barriers to statutory eligibility for patents. These two cases, known collectively as "Alice/Mayo," superimpose judicial exceptions disqualifying subject matter that literally qualifies under the language of the patent statutes. The controversy, even before Ars arrival on the scene, pits innovators seeking broader intellectual property protection over computer software and biotechnology against those who claim that aggressive intellectual property rights and enforcement stifles rather than stimulates innovation. The unusual characteristics of generative AI technology mean that applications for genuine inventions in the area can break down some barriers that have artificially circumscribed patent eligibility. Properly described, these characteristics, combined with commentator suggestions about how Alice/Mayo should be understood and applied, can permit patent law to adapt appropriately, even without legislative reform. One of the loudest calls for regulating AI demands transparency. Transparency is a requirement for obtaining a patent. Developers have been grudging in their response because of the need to protect trade secrets. Greater reliance on patents to protect AI innovations will meet the proprietary needs of AI developers to protect against free riding on their innovations, while also responding to regulatory and legislative movements to make AI transparent. Legislation now pending in Congress to amend the patent act and get rid of the judicial exceptions probably is not going to get enacted, but the clamor to regulate Al may intrude into the intellectual property arena, giving new political impetus to changing perspectives on patents for twenty-first century technology. A perfect storm may allow inventors and their patent lawyers to retire from the battlefield and go back into the lab. [ABSTRACT FROM AUTHOR]
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- 2025
6. 'AI is not an Inventor': Thaler v Comptroller of Patents, Designs and Trademarks and the Patentability of AI Inventions.
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Matulionyte, Rita
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PATENT law , *PATENTABILITY , *ARTIFICIAL intelligence , *LEGAL judgments , *APPELLATE courts - Abstract
The increasing use of Artificial Intelligence (AI) technologies in inventive processes raises numerous patent law issues, including whether AI can be an inventor under law and who owns the AI‐generated inventions. The UK Supreme Court decision in Thaler v Comptroller of Patents, Designs and Trademarks has provided an ultimate answer to this question: AI cannot be an inventor for the purposes of patent law. This note argues, first, that while such a human‐centric approach to inventorship might discourage the use and development of AI technologies with autonomous invention capabilities, it will help retain an active human involvement in technologically supported inventive processes and continuously foster human ingenuity. Second, despite the Court focusing on what patent law is and not on what the law should be, the decision will be influential in the ongoing discussions on the future of patent law and will make it more difficult to expand patent law to incorporate non‐human inventors. Third, the decision has opened, or revealed, the gaps in patent law that the emergence of AI technologies have created and for which new legal solutions will be needed, especially with relation to the ownership of AI‐assisted inventions and the validation of inventorship claims. [ABSTRACT FROM AUTHOR]
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- 2025
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7. Predictable Unpredictability: The Surprising Administrability of Patent Subject Matter Eligibility.
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Datzov, Nikola L. and Rantanen, Jason
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PATENT offices , *PATENT law , *PATENTABILITY , *JUDGES , *APPELLATE courts - Abstract
More than a decade has passed since the Supreme Court established the current framework for evaluating patent subject matter eligibility. Despite widespread recognition that subject matter eligibility is one of the most important areas of patent law, the impact of the Supreme Court's decisions continues to draw sharp criticism and remains a hotly contested issue. As the law has developed over the past decade, a number of popular narratives have emerged. None have been more popular and polarizing than the often-repeated purported fatal flaw that the framework cannot be applied predictably. Too many critics to count--including academics, practitioners, legislators, and judges--have lambasted the patent eligibility framework as an unpredictable morass of confusion. Yet, these claims that the doctrine is unpredictable stand on shaky empirical ground. Drawing on the most complete dataset of § 101 appellate cases collected to date, we examine the Federal Circuit's case law at a more comprehensive and granular level than any prior study to better understand how the sole patent appellate court has shaped and evolved this controversial doctrine. Using a multi-dimensional approach to assessing doctrinal predictability, including a novel metric that examines not just outcomes but judicial assessment, we assess whether patent subject matter eligibility doctrine is as unpredictable as the popular narrative claims. Our findings reveal a patent eligible subject matter jurisprudence that looks remarkably like other patent law issues at the Federal Circuit, and one that lacks the kinds of empirical hallmarks that we would expect given the rhetoric. Specifically, we find that district courts and the U.S. Patent and Trademark Office are not only getting the right result nearly every time, they also make very few errors in applying the law. Moreover, in all but a few cases, Federal Circuit judges show remarkable agreement in deciding § 101 issues. In fact, Federal Circuit judges dissent less frequently in § 101 cases than they do in other types of patent cases. Ultimately, this systematic analysis of Federal Circuit § 101 decisions reveals that there is significant reason to think the popular narrative that § 101 and the Mayo/Alice framework cannot be predictably applied, particularly by judges, is more of a misconception than an accurate narrative. [ABSTRACT FROM AUTHOR]
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- 2025
8. Author Index (Volume 19).
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SCIENCE publishing , *PATENT law , *ISLAM , *BASIL , *SONGS - Published
- 2024
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9. THE LEGAL PROTECTION OF PATENTS ON PHYTOPHARMACEUTICAL PRODUCTS IN INDONESIA: CASE STUDIES AND THEORETICAL PERSPECTIVES.
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Tjandrawinata, Raymond R. and Budi, Henry Soelistyo
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INTELLECTUAL property , *PATENT law , *SUSTAINABILITY , *DISTRIBUTIVE justice , *TRADITIONAL knowledge - Abstract
Indonesia has great potential in the development of biowealthbased phytopharmaceutical products, considering its rich natural wealth and traditional medicine traditions. This study uses theories of legal utilitarianism, distributive justice, and legal positivism to explore the challenges facing Indonesia, as well as opportunities for more inclusive and adaptive reforms. This analysis employs a normative juridical approach, focusing on the analysis of written laws, regulations, doctrines and legal interpretations related to patent protection for phytopharmaceutic products. This approach enables a thorough understanding of the patent legal framework in Indonesia and its practical implementation. The case study method is used to evaluate several patents registered with the Directorate General of Intellectual Property (DJKI). The results show that Indonesia is facing a number of complex legal challenges in the patent registration process, ranging from barriers to novelty criteria and inventive steps to lengthy administrative processes. In addition, Indonesia needs to strengthen its national patent system and intellectual property protection strategies to ensure that local communities benefit fairly from the use of their traditional knowledge. This research could investigate how these mechanisms influence innovation within local communities and their role in fostering sustainable practices. [ABSTRACT FROM AUTHOR]
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- 2024
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10. An experimental investigation of the effects on microwave measurement in a free-space method from different properties of a radiating patch antenna.
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Cao, Jiayi, Toda, Yoshihiro, and Zhang, Yangjun
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MICROWAVE attenuation , *ANTENNAS (Electronics) , *MICROWAVE measurements , *PATENT law , *MICROWAVES - Abstract
The microwave free-space technique is an important method to characterize material properties in the scientific fields and actual applications. A microstrip patch antenna is a good radiating element to construct a compact, low-cost free-space setup. It is necessary to clarify the effects of different properties of radiating patch antenna. In this study, microwave attenuation and phase shift are measured with patch antennas with different radiated microwave power and gain. Both the experimental results of attenuation and phase shift show that a high gain of the radiating elements is helpful to measure the microwave parameters in the free-space method accurately, while improving radiating power has less effect. [ABSTRACT FROM AUTHOR]
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- 2024
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11. Looking at Patent Law: Patenting an Invention for Decarbonized Cement Blends; A Case Study...Electrochemical Cement Production.
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Taylor, E. Jennings and Inman, Maria
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PATENT law , *TECHNOLOGICAL innovations , *PATENT applications , *CEMENT industries , *POWER of attorney , *INVENTIONS - Abstract
IIn this installment of the "Looking at Patent Law" series, we present a case study of the prosecution events of U.S. Patent No. 12,065,379; "Decarbonized Cement Blends." The subject invention aligns with an important focus of The Electrochemical Society (ECS) on sustainability and the technical interests of several divisions including Energy Technology (ETD), Industrial Electrochemistry and Electrochemical Engineering (IE&EE), and Physical and Analytical Electrochemistry (PAE). Additionally, the case introduces ECS members to an emerging technology of interest to industry. The case study begins with a brief synopsis of the background of the invention followed by 1) summary of several drawings and the specification of the invention, 2) inventor assignment and power of attorney designations, 3) march-in rights for government sponsored research, 4) submission of the Invention Disclosure Statement (IDS) and associated Duty of Candor, 5) summary of the non-final office action rejecting the patent application for obviousness, and 6) applicant response and allowance of the patent application. The case study illustrates the use of adding limitations from a dependent claim to the independent claim to overcome an obviousness rejection. In addition, the case illustrates an applicant-initiated request for prioritized examination for patent applications addressing environmental issues. With this case study, we hope to de-mystify the patent prosecution process and better prepare electrochemical and solid-state scientists, engineers and technologists to interact with their patent counsel regarding their inventions. [ABSTRACT FROM AUTHOR]
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- 2024
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12. Author index Volume 33.
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THETA functions , *TORUS , *SCIENCE publishing , *ORBIFOLDS , *PATENT law , *KNOT theory , *DOODLES - Published
- 2024
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13. Abstracts of Award Winning and Honorable Mention Essays for 2024.
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SCIENCE publishing , *GRAVITATION , *PATENT law , *ASTROPHYSICS , *GRAVITY - Published
- 2024
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14. Statistics in Service of Metascience: Measuring Replication Distance with Reproducibility Rate.
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Buzbas, Erkan O. and Devezer, Berna
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INFERENTIAL statistics , *SCIENTIFIC method , *PATENT law , *MEASURING instruments , *STATISTICS - Abstract
Motivated by the recent putative reproducibility crisis, we discuss the relationship between the replicability of scientific studies, the reproducibility of results obtained in these replications, and the philosophy of statistics. Our approach focuses on challenges in specifying scientific studies for scientific inference via statistical inference and is complementary to classical discussions in the philosophy of statistics. We particularly consider the challenges in replicating studies exactly, using the notion of the idealized experiment. We argue against treating reproducibility as an inherently desirable property of scientific results, and in favor of viewing it as a tool to measure the distance between an original study and its replications. To sensibly study the implications of replicability and results reproducibility on inference, such a measure of replication distance is needed. We present an effort to delineate such a framework here, addressing some challenges in capturing the components of scientific studies while identifying others as ongoing issues. We illustrate our measure of replication distance by simulations using a toy example. Rather than replications, we present purposefully planned modifications as an appropriate tool to inform scientific inquiry. Our ability to measure replication distance serves scientists in their search for replication-ready studies. We believe that likelihood-based and evidential approaches may play a critical role towards building statistics that effectively serve the practical needs of science. [ABSTRACT FROM AUTHOR]
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- 2024
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15. Corpus Linguistics at the U.S. Patent and Trademark Office.
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Ebrahim, Tabrez Y.
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PATENT offices , *CORPORA , *PATENT suits , *PATENT law , *PATENT applications - Abstract
This Article examines the intersection of corpus linguistics and patent law. It introduces the foundations of corpus linguistics and its application to the law and advances the potential for its application to patent examination at the United States Patent and Trademark Office (USPTO). Historically, the disciplines of corpus linguistics and patent law did not intersect until scholars began to consider the application of corpus linguistics to patent litigation for interpretation of terms in patent claims. Interpretation of legal language provided by corpus linguistics and applied to patent examination at the USPTO has yet to be addressed and is a novel application of a unique case study. As proponents and critics of corpus linguistics continue to debate its benefits and challenges, patent examination at the USPTO presents an opportunity to test its application. Scholars have frequently utilized patent data to assess economic, empirical, and statistical hypotheses. Similarly, the historical records pertaining to patents (as well as databases of other prior art) can serve as a basis for a study based on the application of corpus linguistics at the USPTO. Turning to the normative, this Article concludes with proposed reforms to patent examination based on corpus linguistics and research questions for future studies. [ABSTRACT FROM AUTHOR]
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- 2024
16. Apuntes sobre el licenciamiento obligatorio de patentes de invención en México.
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Campa Navarro, Juan Ignacio
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PATENT law , *TECHNOLOGICAL innovations , *NATIONAL territory , *ECONOMIC impact , *ECONOMIC development , *PATENT licenses - Abstract
Technological innovation is a crucial factor in the technological and economic development of nations today. Ownership and appropriation policies of patents are an important part of innovation processes. The compulsory license is an instrument that in principle aims towards these objectives. However, in Mexico, despite the fact that compulsory licensing was incorporated into patent legislation more than a century ago, it has been exercised very rarely. The overwhelming lack of registration of compulsory licenses has been due, among other factors, to the gaps and insufficiencies in the specifications that patent laws have established to regulate the compulsory licensing process, aspects that have led to contradictions and discretions that erode the propensity to use compulsory licenses by those interested in exploiting patents in national territory. [ABSTRACT FROM AUTHOR]
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- 2024
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17. Nihilistic Times: Thinking with Max Weber.
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Okumuş, Ahmet
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PATENT law , *EDEN , *COLLOIDS , *VOCATION , *ETHICS - Abstract
In the article "Nihilistic Times: Thinking with Max Weber," Wendy Brown explores the concept of nihilism and its relevance in today's society. Drawing from the works of Max Weber, Brown suggests that we can find guidance for our political and scientific activities by examining Weber's perspectives on science and politics. The article discusses the tension between ethics of conviction and ethics of responsibility in both politics and academia, emphasizing the importance of ethical responsibility in politics and the need for individuals to tolerate different values and engage in constructive interventions in public life. The text also highlights the challenges faced by academia in maintaining its integrity and the importance of values in education. The author suggests that Weber's ideas can be applied to contemporary political discussions, particularly within the context of the left, and emphasizes the need for effective leadership and a nuanced understanding of values in politics. [Extracted from the article]
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- 2024
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18. Looking at Patent Law Patenting an Invention for Improved Electrochemical Machining by Combining Magnetic Field Waveforms, Ultrasonic Motion, and Pulsed Electric Field Waveforms: A Case Study ...Overcoming an Obviousness-based Prior Art Rejection.
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Jennings Taylor, E. and Inman, Maria
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ELECTROCHEMICAL cutting , *TECHNOLOGICAL innovations , *PATENT law , *PATENT applications , *POWER of attorney , *INVENTIONS - Abstract
In this installment of the "Looking at Patent Law" series, we present a case study of the prosecution events of U.S. Patent No. 10,357,839; "Method for Electrochemical Machining using Sympathetic Waveform Interactions". The subject invention aligns with the technical interests of several divisions of The Electrochemical Society (ECS), including Corrosion (CORR), Industrial Electrochemistry and Electrochemical Engineering (IE&EE) and Physical and Analytical Electrochemistry (PAE). Additionally, the case introduces ECS members to an emerging technology of interest to industry. The case study begins with a brief synopsis of the background of the invention followed by 1) summary of several drawings and the specification of the invention, 2) inventor assignment and power of attorney designations, 3) submission of the Invention Disclosure Statement (IDS) and associated Duty of Candor, 4) summary of the non-final office action rejecting the patent application for obviousness, and 5) applicant response and allowance of the patent application. The case study illustrates the use of adding limitations from the dependent claims and the specification to the independent claim to overcome an obviousness rejection. In addition, the case illustrates an applicant initiated nonpublication exception to the eighteen month publication rule. With this case study, we hope to de-mystify the patent prosecution process and better prepare electrochemical and solid-state scientists, engineers and technologists to interact with their patent counsel regarding their inventions. [ABSTRACT FROM AUTHOR]
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- 2024
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19. Autonomy of artificial intelligence in patent laws: Reconciling business incentive with traditional rules of inventorship with special reference to the jurisdictions of European union, United States of America and Japan.
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Yadav, Akansha and Kumar, Satish
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PATENT law , *ARTIFICIAL intelligence , *DISCLOSURE laws , *PATENTABILITY , *PATENTS , *INVENTIONS - Abstract
This paper highlights the ongoing conundrum between Artificial Intelligence and their patentability under current regime of patent laws in the selected jurisdictions. Authors have analysed the different standard parameters for granting patent protection in the few chosen jurisdictions of EU, USA and Japan. The key factors of determination for grant of patent in the said jurisdictions which has been taken into consideration in this paper are, subject matter eligibility, the involvement of human mind in the inventive steps to be taken, the requirement of disclosure of the key aspects of the invention, and lastly the threshold for deciding the inventorship. As we talk about the novel creations, AI machines are rapidly advancing to replace human ingenuity in the process of creativity and creating inventions with bare minimum human involvement. This is pertinent here to mention that if AI systems by themselves can produce optimum number of inventions at comparitively less cost and in relatively less time with more accuracy, the patent policies may need to be recalibrated. In this paper we have discussed how AI systems are able to generate inventions and their role in the inventing process, we have also discussed how far human involvement in the inventing process plays a crucial role in different jurisdictions, resorting to the real life example of DABUS. Further this paper proceeds with explaining the interface between concept of PHOSITA in light of the inventions created with assistance of AI, this is important for the theme of this paper as this part explains the challenges that AI is posing to deteemine the critaria of inventiveness in the process of creativity, which is a vital part for grant of patent. Lastly, authirs have concluded the paper on the note that patent law in its present state is ill equipped to facilitate the inventions created by Artificial Intelligence and any decision taken in hurry would only dismantle the present form of patent laws across the jurisdictios, and so the few suggestions to remedy this situation have been posed by the authors in the last segament of paper. [ABSTRACT FROM AUTHOR]
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- 2024
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20. Erratum — ON NEW SOLUTIONS OF THE NORMALIZED FRACTIONAL DIFFERENTIAL EQUATIONS.
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AL-REFAI, MOHAMMED and BALEANU, DUMITRU
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SPACE sciences , *FRACTIONAL differential equations , *SCHOLARLY periodical corrections , *SCIENCE publishing , *PATENT law - Abstract
The document is a correction notice for a paper titled "ON NEW SOLUTIONS OF THE NORMALIZED FRACTIONAL DIFFERENTIAL EQUATIONS" published in the journal "Fractals." The correction addresses minor errors in the calculations within the proofs of Lemmas 2.1 and 2.2, leading to incorrect formulas for the solutions. The corrected results and proofs are provided in the document. [Extracted from the article]
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- 2025
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21. AUTHOR INDEX (VOLUME 31).
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SCIENCE publishing , *PATENT law , *AGAR , *SPIES , *SONGS - Published
- 2024
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22. Form Versus Function: Protecting Product Design Through Design Patents, Trade Dress, and Copyrights.
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Scharff, Christopher
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PATENT offices , *DESIGN protection , *PATENT law , *COPYRIGHT , *PATENT infringement , *COPYING - Abstract
The article discusses the importance of protecting product design through design patents, trade dress, and copyrights. Design patents offer protection for 15 years and can cover functional articles, while trade dress protection can last indefinitely and requires the design to be non-functional and distinctive. Copyright protection is available for decorative features that are separable from the utilitarian aspects of the article. The article also highlights the overlap between different types of intellectual property protection and considerations for choosing the appropriate type of protection based on the design's expected lifetime, risk of copying, and cost of obtaining and enforcing rights. [Extracted from the article]
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- 2024
23. Alice Patent Eligibility Analysis Divergence Before USPTO and District Court.
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Carroll, Jack, Srinivasa, Chethan, and Malaney, Kevin
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PATENT offices , *NATURAL law , *EXCEPTIONS (Law) , *CIVIL procedure , *PATENT law - Abstract
The article discusses the divergence in patent eligibility analysis between the USPTO and district courts, particularly in the context of software-based technology and innovation. The Mayo/Alice framework is used to determine subject matter eligibility, with differences in application between the Patent Office and district courts leading to conflicting determinations. The article highlights the importance of understanding these nuances for practitioners to obtain issued patents that can withstand scrutiny in litigation. Additionally, recent USPTO guidance on AI inventions emphasizes the integration of judicial exceptions into practical applications, further complicating the patent eligibility landscape. [Extracted from the article]
- Published
- 2024
24. KNOWLEDGE COMMONS PAST, PRESENT, AND FUTURE.
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Madison, Michael J.
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PATENT law , *DATA privacy , *KNOWLEDGE management , *GOVERNMENT policy , *EMPIRICISM - Abstract
The project now known as Governing Knowledge Commons, or GKC, was launched more than 15 years ago on the intuition that skepticism of intellectual property law and information exclusivity was grounded in anecdote and ideology rather than in empiricism. Structured, systematic, empirical research on mechanisms of knowledge sharing was needed. GKC aimed to help scholars produce it. Over multiple books, case studies, and other work, the scope of GKC has expanded considerably, from innovation to governance; from invention and creativity to data, privacy, and markets; and from social dilemmas focused on things to governance strategies directed to communities and collectives. This short Article describes the origins, functions, successes, limitations, and ambitions of GKC research, aligning it with questions of law as well as with the many roles of information in 21st century society. [ABSTRACT FROM AUTHOR]
- Published
- 2024
25. For Forty-Four Years, the Federal Government Has Declined to Exercise March-In Rights for Federally Funded Patents... It's Time to Revisit the Bayh-Dole Act.
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Nacht, Jennifer
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ECONOMIC impact , *PATENT law , *DRUG prices , *COVID-19 pandemic , *FEDERAL government - Abstract
This Paper offers a critical examination of the public policy justification for "march-in" rights, why the federal government has not marched in on federally funded patents, and why it is unlikely the federal government ever will. The examination is grounded in the context of high drug pricing and the COVID-19 pandemic. [ABSTRACT FROM AUTHOR]
- Published
- 2024
26. MASSIE ON RESTORING AMERICA'S INNOVATION ENGINE: Congressman Thomas Massie explains how his patent legislation can help jump-start the economy by protecting intellectual property rights.
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Lindsay, Jeff
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INTELLECTUAL property , *PATENTS , *TRADE secrets , *PATENT offices , *PATENT law - Abstract
An interview with Thomas Massie, a Congressman is presented. He discussed the critical importance of protecting intellectual property rights through legislation like his pending bill, H.R. 8134, the Restoring America's Leadership in Innovation Act of 2024. He highlighted the foundational role of patents in fostering innovation and economic growth, emphasizing their protection under the U.S.
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- 2024
27. Inventive Indians: Technological Imaginaries and Patenting Activity in Late Colonial India (1911–48).
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Mirza, Priya
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PATENT law ,BRITISH colonies - Abstract
The Patent Act extended to colonial India in 1859 introduced to Indians the right to file a patent for an invention. The article locates India as a site for invention and innovation, not by looking at the legal evolution of the law or the inventions themselves, but at the Indian patentees' engagement with the law. The consistent but small number of Indian patentees is suggestive of patent-filing being a form of sustained engagement with technological modernity. The establishment of a Patent Office completed the bureaucratic structure and was an intrinsic part of the development of India as a technocratic and scientific state. Examining the nature of this colonial institution, the paper examines a parallel process which shaped patenting: Indianisation. The colonial policy of Indianisation shaped Indians' access to employment and research in technical institutes. This had two visible but discrete consequences: in the number of Indian employees whose patents were acquired by the government, and the creation of a notable 'patent culture' with the Patent Office in Calcutta as a site and headed by an Indian. The paper uses the patent law as an axis to illuminate conversations around inventive activity in colonial India. [ABSTRACT FROM AUTHOR]
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- 2024
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28. MYTHS AND REALITY OF PATENT LAW AT THE SUPREME COURT.
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GUGLIUZZA, PAUL R. and LEMLEY, MARK A.
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PATENT law , *JURISDICTION , *APPELLATE courts , *ACTIONS & defenses (Law) - Abstract
Over the past twenty years, patent cases have become a major component of the Supreme Court's shrinking docket. The Court's return to patent law after a long absence has inspired a rich literature theorizing about the Court's agenda and critiquing its decisions. Those analyses, though differing in their particulars, have given rise to numerous conventional wisdoms about the Supreme Court and patent law: that the Supreme Court distrusts the Federal Circuit (the specialized appellate court that has exclusive jurisdiction over patent cases), that the Court places far more trust in the Solicitor General (who represents the executive branch in Supreme Court litigation), and that, for better or worse, the Supreme Court is now a major institutional player in the patent system. But are those conventional wisdoms true? In this Article, we separate myth from reality by presenting a novel quantitative and qualitative study of all patent-related Supreme Court cases since 1982, the year the Federal Circuit began operating. Our study questions whether many of the patent cases decided by the Court have actually been important. Instead, we show that most of the Court's patent-related cases have involved issues far from the substantive core of patent law and are rarely cited by the Federal Circuit. Assessing the Court's impact on patent law, we argue, requires focusing on a small subset of decisions involving the core doctrines of patent validity and infringement. In those decisions, the Supreme Court has been surprisingly deferential to the Federal Circuit. The cases in which the Federal Circuit has performed poorly (at least in the eyes of the Supreme Court) cluster around issues of jurisdiction, procedure, and remedies. We also identify specific types of patent-related cases in which the Solicitor General wins far less frequently than usual. Testing other patent "myths," we find support for the notions that the Supreme Court prefers malleable standards over bright-line rules and that the Supreme Court is less favorable for patent owners than the Federal Circuit. But we also find that Justice Breyer, often cited as the force behind the Court's growing patent docket, did not have an abnormally large influence over patent law. Similarly, specialist Supreme Court litigators, though increasingly involved in patent cases, don't seem to fare any better (or worse) than other lawyers in patent cases. In brief, our findings confirm some conventional wisdoms about the Supreme Court and patent law, disprove others, and offer a glimpse of patent law's future. [ABSTRACT FROM AUTHOR]
- Published
- 2024
29. THE “CEREMONIAL USE” DEFENSE TO INFRINGEMENT OF PSYCHEDELIC PATENTS.
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Tahdooahnippah, Forrest
- Subjects
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PATENT infringement , *HALLUCINOGENIC drugs , *SUBSTANCE-induced disorders , *PATENT law , *DRUG synthesis - Abstract
A psychedelic “renaissance” has led to renewed interest in the medical uses of psychedelics, particularly to assist in treatment of substance use disorders. This “renaissance” has included attempts to patent methods of using or synthesizing psychedelics. Long before this “renaissance,” however, indigenous peoples of the Americas used psychedelic plants in their religious rites, including using psychedelic plants to treat substance abuse disorders such as alcoholism. Therefore, indigenous peoples have raised concerns that the recent trend of patenting psychedelics will lead to the patenting of their traditional knowledge and impede their free exercise of religion. A current proposed solution to address such concerns is to create traditional knowledge repositories. Such repositories prevent the patenting of traditional knowledge that qualifies as “prior art” under the patent laws. However, due to the secret nature of religious ceremonies and oral transmission of religious instruction, prior indigenous uses of psychedelics may not qualify as “prior art.” Moreover, market forces may compel indigenous communities to substitute patented varieties of psychedelics for traditional varieties. Accordingly, a “ceremonial use” defense should also be recognized to provide a defense to patent infringement claims for indigenous communities and their members. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
30. PERSONALIZING PATENT LAW WITH SOCIAL CREDIT DATA.
- Author
-
Guan, Taorui
- Subjects
- *
PATENT law , *SOCIAL systems , *MASS surveillance , *JUSTICE administration , *CIVIL rights - Abstract
In the era of digitization, data has become a pivotal force driving advancements across various sectors and transforming legal systems worldwide. China, in particular, is exploring new data-driven governance models. A prime example of this is its integration of the patent system with the Social Credit System (SCS). This paper aims to fill the void in theoretical research on this subject, moving beyond the prevalent narrative of the SCS as either a tool of state surveillance or a reputation-based regulatory mechanism. Instead, it introduces the concept of personalized law in the context of China's patent system. The paper suggests that the integration of social credit data within China's patent law system aligns the system's operations more closely with its objectives. This offers a personalized approach that provides individual market entities with tailored incentives based on their unique characteristics. To analyze this approach, the paper proposes a novel four-part analytical framework: profiling, personalization, communication, and adjustment. The paper then applies this framework to the two core mechanisms that result from the integration of the patent system with the SCS: the Reward and Punishment Mechanism and the Tiered Regulation Mechanism. This analysis reveals that these mechanisms are still in the stage of crude personalization and grapples with challenges such as narrow data scope, lack of transparency, and over-penalization. The paper discusses two implications of personalized law reform: the redistribution of power toward administrative bodies--which necessitates a rebalancing of powers to avoid abuse and protect individual rights--and the possible expansion of the law's functions--which might not align with existing normative theories and might have unintended consequences. The process of personalization requires scholars and policymakers to adapt and refine these theories as well as to identify and eliminate unintended consequences. [ABSTRACT FROM AUTHOR]
- Published
- 2024
31. THE BROKEN BALANCE: HOW "BUILT-IN APPORTIONMENT" AND THE FAILURE TO APPLY DAUBERT HAVE DISTORTED PATENT INFRINGEMENT DAMAGES.
- Author
-
Lee, William F. and Lemley, Mark A.
- Subjects
- *
DAUBERT v. Merrell Dow Pharmaceuticals Inc. , *NONPRACTICING entities (Patent law) , *PATENT law , *VALUE capture , *DAMAGES (Law) ,FEDERAL Rules of Evidence (U.S.) - Abstract
The United States patent system is designed to be a balance: in exchange for the inventor disclosing their invention to the public, patentees are granted exclusive rights to that invention for a period of time. This ensures that patentees are adequately compensated for their innovation and society at large benefits from the patent's disclosure. This balance is now broken. Over recent years, patentees -- particularly non-practicing entities -- have been permitted to seek and recover unreasonable damages that stretch far beyond the value of the technology they invented. This has had serious and negative consequences: excessive patent damages discourage innovation, increase risk and cost of production, and, in turn, increase the cost of products to consumers. Patent law has a solution to this broken balance: apportionment. This principle, which dates back to the nineteenth century, holds that damages must be limited to the value of just the patented invention and cannot capture the value of other features or technology. When applied as intended, apportionment ensures the patent balance -- patentees recover the value of what they invented but no more. But therein lies the problem: in recent years, many courts have been backsliding from the principle of apportionment. First, some courts have permitted plaintiffs to rely on "built-in apportionment" to bypass apportionment entirely. Second, some courts have failed to properly apply Daubert and Federal Rule of Evidence 702 to exclude unreliable apportionment theories, particularly where experts purport to use regressions or conjoint survey analysis. The Federal Circuit and district courts should take action to correct the skewed balance caused by improper application of apportionment law. The Federal Circuit should end the "built-in apportionment" exception to apportionment and district courts should do the hard work at the Daubert stage of ensuring that apportionment is effective and reliable. Inventors, businesses, and the balance upon which the patent system was built depend on it. [ABSTRACT FROM AUTHOR]
- Published
- 2024
32. REVISITING THE FEDERAL CIRCUIT EN BANC.
- Author
-
Vacca, Ryan
- Subjects
- *
AMERICAN law , *FEDERAL judges , *APPELLATE courts , *COURT records , *PATENTS , *PATENT law - Abstract
The United States Court of Appeals for the Federal Circuit ("Federal Circuit") holds exclusive jurisdiction over patent appeals and plays a vital role in shaping patent law and policy in the United States. Since its inception in 1982, the Federal Circuit has used en banc review as a crucial method to develop patent law and policy. Until recently, the court had been a model for en banc review by frequently hearing patent cases en banc, addressing important questions for a wide range of stakeholders in the patent system, and freely inviting amici to participate in the en banc process. Through this approach, the Federal Circuit positioned itself as an effective steward of patent law. However, in 2018, the Federal Circuit suddenly, and without explanation, abandoned en banc review in patent cases. This abrupt departure from the court's prior practices raises important questions about the cause of this en banc retrenchment and demands a critical evaluation of its implications on the evolution of patent law, the Federal Circuit's role as a steward of patent law, and the impact on patent system stakeholders. This Article documents the court's historical and current en banc practices and examines the potential causes behind the Federal Circuit's retreat from en banc review in patent cases. Notable developments in the law and institutions governing patent law and policy, such as the passage of the America Invents Act and its creation of the Patent Trial and Appeal Board, increased interest in patent law by Congress and the U.S. Supreme Court, and the unprecedented turnover of Federal Circuit judges may have contributed to this significant shift in en banc review. Moreover, this Article evaluates the need for the court to revive its previous en banc practices to ensure an effective and consistent patent law landscape and to effectively guide patent stakeholders. [ABSTRACT FROM AUTHOR]
- Published
- 2024
33. UNCREATIVE DESIGNS.
- Author
-
BURSTEIN, SARAH
- Subjects
- *
PATENTS , *COPYRIGHT , *OBVIOUSNESS (Patent law) , *PATENT law , *APPELLATE courts - Abstract
It is often said that the standards for patent protection are higher than the standards for copyright protection. Specifically, commentators assert that the copyright requirement of originality is easier to satisfy than the patent requirements of novelty and nonobviousness. And yet, the USPTO regularly grants patents for designs that fall below the low standard of copyright originality set by the Supreme Court in Feist v. Rural. Some may suggest that the existence of these "sub-Feist" design patents is a result of the USPTO abandoning its duty to scrutinize design patent applications. Or they may suggest that it is a result of the Federal Circuit making it more difficult to invalidate designs as anticipated or obvious. This Article argues that sub-Feist designs exist because the standard for "originality" (at least, in the sense of "minimal creativity") is not really "lower" than novelty or nonobviousness--it's just different. This has implications for how we think about the law and theory of copyright and patents as well as specific implications for design patent law and practice. Importantly, this suggests that we should take the word "original"--which is also an explicit statutory requirement for design patents--seriously. We should not assume that a design that qualifies, under the Patent Act, as "novel" and "nonobvious" is also "original" under the Feist standard. And if, as the Supreme Court has held, the Feist originality standard is a requirement of the Progress Clause, we should not let applicants use design patents to evade that requirement. [ABSTRACT FROM AUTHOR]
- Published
- 2024
34. ANALYSIS OF NOVELTY ELEMENTS AS A REQUIREMENT FOR PATENT REGISTRATION IN LAW NUMBER 13 OF 2016 CONCERNING PATENTS.
- Author
-
Wardani, Putu Ayu Ira Kusuma, Kasih, Desak Putu Dewi, and Utama, I. Made Arya
- Subjects
- *
INTELLECTUAL property , *PATENT suits , *PATENT law , *PATENT infringement , *DISPUTE resolution - Abstract
This study delves into the elements of patent rights and dispute resolution strategies in cases of patent infringement. The background of the research stems from the necessity to understand the legal framework surrounding patent protection and the mechanisms available for resolving disputes in the event of infringement. The primary objective is to identify the crucial components of patent rights and the various methods employed to address disputes arising from alleged patent violations. Employing a normative legal research approach, with both conceptual and statutory analyses, this study aims to provide a comprehensive overview of the subject matter. The findings underscore the significance of novelty as a fundamental criterion for patent acceptance, as defined by Law Number 13 of 2016 concerning Patents. Novelty, characterized by the absence of prior public disclosure, usage, or inclusion in existing knowledge standards, is essential for patent registration. The study reveals that patent disputes concerning novelty can be addressed through diverse legal avenues, including patent removal suits, trial proceedings, mediation, patent reexamination, out-of-court settlements, and appellate processes. Furthermore, alternative mechanisms such as arbitration offer additional pathways for resolving disputes. The implications of this research highlight the importance of adhering to novelty requirements during patent registration and understanding the array of dispute resolution mechanisms available to safeguard intellectual property rights. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
35. Looking at Patent Law: Patenting an Invention for Electroreduction of Carbon Dioxide and Electrooxidation of Hydrocarbons: A Case Study...Procedure for Continuing Prosecution of a Patent Application After Final Rejection...
- Author
-
Taylor, E. Jennings and Inman, Maria
- Subjects
- *
PATENT applications , *PATENT law , *CARBON dioxide , *PATENT offices , *INVENTIONS , *PLATINUM nanoparticles , *ELECTROLYTIC reduction , *CARBON dioxide reduction - Abstract
This article presents a case study of a patented invention for an electrochemical cell that can reduce carbon dioxide and oxidize hydrocarbons. The invention was developed by Dr. Gerardine G. Botte, a professor at Texas Tech University, and aligns with sustainability research interests. The article discusses the prosecution history of the patent application and the use of a Request for Continued Examination (RCE) to continue the application after a final rejection. It provides a detailed description of the invention and its background, as well as the patent applications associated with it. The case study aims to help scientists, engineers, and technologists understand the patent prosecution process. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
36. Amgen, Inc. v. Sanofi: The Enablement Requirement of Patent Law: A Bargain for the People Stands the Test of Time.
- Author
-
Talos, Jonathan
- Subjects
- *
PATENT law , *TECHNOLOGICAL innovations - Published
- 2024
37. Where Does Infringement Arise? Untangling the Knot of Patent Infringement Limitation Periods.
- Author
-
Skodyn, Andrew, Shortt, Kassandra, and Kamau, Cindy Njoki
- Subjects
- *
PATENT suits , *PATENT infringement , *PATENT law , *DISMISSAL & nonsuit , *COURT rules - Abstract
The article discusses a recent court case in which JL Energy Transportation Inc. was granted leave to argue on appeal that a previous decision should be reconsidered. JL Energy is appealing the dismissal of its claim for patent infringement and breach of licensing agreements. The court held that JL Energy's claim was time-barred under the two-year limitation period in Alberta's Limitations Act. The article explores the issues of which limitation period applies to patent infringement claims and whether patent infringement is subject to a rolling limitation period. The outcome of the appeal will provide guidance in these areas. [Extracted from the article]
- Published
- 2024
38. "Whoever Invents or Discovers": Artificial Intelligence and the Case for Joint Inventorship.
- Author
-
Littleford, Seth F.
- Subjects
- *
PATENT offices , *PATENT law , *PATENT applications , *TECHNOLOGICAL innovations , *ARTIFICIAL intelligence - Abstract
Artificial intelligence (AI) is increasingly important in the modern world. Given its fidelity to -- and, in some cases, its surpassing of--human performance, people rely upon AI in myriad settings. The AI era is already here, and the technological advancements to come are even more mind-boggling. The United States Patent and Trademark Office (USPTO) has seen a significant increase in patent applications claiming inventions pertaining to AI, but how does the patent system handle when AI invents? The U.S. Court of Appeals for the Federal Circuit recently held in Thaler v. Vidal that the Patent Act requires inventors listed on patent applications to be natural persons; that is, human beings. The court concluded that the statutory text unambiguously and directly answered the AI inventorship question: "[O]nly a natural person can be an inventor, so AI cannot be." Though the court correctly interpreted the statutory text, the current legislative framework is insufficient to handle the rise of AI inventorship. Maintaining the status quo by limiting inventorship to humans creates an ethical dilemma for patentees, deprives the public of innovation, and defeats the purposes and policies of patent law. Though previous scholars have proposed granting AI plenary inventorship, they have failed to address important issues that arise under such an expansive legislative overhaul including patent ownership and the inventor's declaration requirements. In this Note, I propose a more limited form of AI inventorship that solves these issues: Congress should broaden the Patent Act, amending it to allow artificial intelligence to be a joint inventor. I analyze how such an amendment allowing joint AI inventorship is constitutional and within Congress's authority pursuant to Article I, Section 8, Clause 8 of the United States Constitution. I also argue that my unique hybrid approach solves the current ethical dilemma and furthers the purposes of patent law by promoting "the Progress of Science and useful Arts." [ABSTRACT FROM AUTHOR]
- Published
- 2024
39. CAN CHATGPT KEEP A SECRET? AN EVALUATION OF THE APPLICABILITY AND SUITABILITY OF TRADE SECRECY PROTECTION FOR AI-GENERATED INVENTIONS.
- Author
-
CAMPANELLI, GINA L.
- Subjects
- *
CHATGPT , *TRADE secrets , *GENERATIVE artificial intelligence , *COPYRIGHT , *PATENT law - Abstract
The rising popularity of generative artificial intelligence has sparked questions around whether AI-generated inventions and works can be protected under current intellectual property regimes, and if so, how. Guidance from the U.S. Copyright Office and recent court cases shed some light on the applicability of copyright and patent protection to AI-generated products; namely "authors" and "inventors" are limited to natural persons. But further developments in copyright and patent law are still lagging behind generative-AI's rapid growth. Trade secrecy emerges as the most viable path forward to protect AI-generated works and inventions because ownership of trade secrets is not limited to natural persons. But trade secrecy has its drawbacks too, primarily inadequate protection outside of misappropriation. Further, trade secrecy precludes disclosure, which hinders greater scientific development and progress. This Note examines the suitability and applicability of copyright, patent, and trade secret protection for AI-generated outputs and proposes alternative protection schemes. [ABSTRACT FROM AUTHOR]
- Published
- 2024
40. STRATEGIES AND IMPACTS OF FINANCING TECHNOLOGY TRANSFER ENTITIES: A MULTIFACETED APPROACH.
- Author
-
Alina, BABA
- Subjects
- *
TECHNOLOGY transfer , *TECHNOLOGICAL innovations , *BUSINESS revenue , *PATENT licenses , *FINANCIAL security , *GOVERNMENT aid , *PATENT law - Abstract
The article investigates the impact of various funding sources on Technology Transfer Entities (TTEs), including government support, private sector investments, grants, and European funds. It emphasizes the crucial role these financial mechanisms play in enabling TTEs to bridge the gap between academic research and commercial application. By analyzing the influence of government funding, the significance of licensing and patent revenues, and the benefits of private and European investments, the article demonstrates how these resources assist TTEs in achieving financial stability, fostering innovation commercialization, and navigating the market. It also highlights the importance of aligning TTEs' goals with broader societal and economic objectives. Through case studies, the research illustrates the essential need for a diverse funding strategy and effective management for TTEs to optimize their contribution to the technological innovation ecosystem, economic growth, and societal well-being. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
41. Access to Justice for Black Inventors.
- Author
-
Goodman, Jordana R. and Patterson, Khamal
- Subjects
- *
BLACK inventors , *PATENTS , *PATENT examiners , *EXPERIMENTS , *COMMUNICATION barriers , *PATENT law - Abstract
To receive a patent, an inventor must meet certain inventive and procedural standards. Their invention must be novel, nonobvious, and written in such a way that any person skilled in the inventive subject can make and use the invention without undue experimentation. This process is far from objective. An inventor is not always communicating within their own social circle. An inventor is required to communicate their invention so that a patent examiner believes a person having ordinary skill in the art ("PHOSITA") would recognize the invention as nonobvious. Moreover, a fictitious skilled person must be able to make and use the described invention without undue experimentation, and a patent examiner will judge whether the patent application's written description has met this standard. Many inventors choose to navigate this difficult communication path with the help of a patent practitioner; this can either help to ease or exacerbate communication obstacles between examiners and inventors. As shown in this Article, the largely homogenous patent gatekeepers--practitioners and examiners--erect communication barriers to entry for inventors from underrepresented minority groups. Inventors must ensure the majority-group-based practitioners and examiners recognize valuable distinctions of the invention over current technology and understand how to use the new invention without undue experimentation. When the patent practitioner and examiner communities do not share the same primary cultural experience as an inventor or an invention's expected users, this hurdle compounds. Some inventors are disproportionately burdened when describing their invention; some must supplement the practitioners' and examiners' lack of systemic cultural capital more than others. Through a case study of Black hair-care patents, this Article adds to the literature by highlighting hermeneutical injustices for Black inventors through a cultural-capital lens. This Article is the first in a series of papers showing how the majority-culture bias in patent law and the lack of resources to bridge minority- and majority-group-derived cultural-capital gaps disparately affect those inventing in minority-group cultural spaces. The cultural gap between minority-group inventors and patent practitioners, nearly all of whom are majority group, leads to inadequate and unequal representation and decisionmaking. This Article calls upon the United States Patent and Trademark Office ("USPTO"), patent attorneys, and academics to create a more equitable patent system by altering patent practice, legal education, and ethics rules. [ABSTRACT FROM AUTHOR]
- Published
- 2024
42. "What You See Is What You Get": The Art of Protecting Design in Intellectual Property Law.
- Author
-
Teilmann-Lock, Stina
- Subjects
- *
PATENT law , *DESIGN protection , *INTELLECTUAL property , *ARTISTIC creation - Abstract
The article explores the principles of European registered design law and U.S. design patent law, emphasizing the "what you see is what you get" principle. It delves into how visual representations, such as drawings or photographs, are central to design protection. The distinctions between industrial and literary/artistic property in intellectual property law are discussed, highlighting the legal frameworks for defining and protecting design.
- Published
- 2024
- Full Text
- View/download PDF
43. Trade‐Related Aspects of Intellectual Property Rights Flexibilities and Public Health: Implementation of Compulsory Licensing Provisions into National Patent Legislation.
- Author
-
McGIVERN, LAUREN
- Subjects
- *
PATENT law , *INTELLECTUAL property , *COVID-19 , *PROFESSIONAL licenses , *PUBLIC health , *BUSINESS , *RESEARCH funding , *DESCRIPTIVE statistics , *COVID-19 pandemic - Abstract
Policy PointsGiven the challenges associated with negotiating the COVID‐19 Trade‐Related Aspects of Intellectual Property Rights (TRIPS) Waiver, there are questions as to whether the World Trade Organization is able to effectively address pandemics and global crises under the current architecture.Although the framework set out by the TRIPS Agreement does not view intellectual property (IP) rights as a means to foster public health and development, IP rights should nonetheless be interpreted through a public health lens.Countries should implement compulsory licensing provisions into their patent legislation, which increase access to medicines and allow governments (especially in developing and least‐developed countries) to better protect public health. Context: The protection of intellectual property (IP) rights, given international legal effect through the World Trade Organization (WTO) Trade‐Related Aspects of IP Rights (TRIPS) Agreement, has long been a contentious issue. In recent years, the long‐standing debate on IP rights as a barrier to the access of affordable medicines has been heightened by the global vaccine inequity evidenced during the COVID‐19 pandemic. The TRIPS Agreement contains a number of flexibilities that WTO members can exploit in order to accommodate their policy needs. Among these is the mechanism of compulsory licensing, whereby patent licenses may be granted without consent of the patent holder in certain circumstances. TRIPS Article 31bis created a special mechanism for compulsory licenses specifically for the export of pharmaceutical products to countries with insufficient manufacturing capacity. Methods: We analyzed domestic patent legislation for 195 countries (193 UN members and two observers) and three customs territories. We analyzed patent legislation for provisions on compulsory licenses, including those defined in Article 31bis of the TRIPS Agreement. Findings: We identified 11 countries with no patent legislation. Of the 187 countries with domestic or regional patent laws, 176 (94.1%) had provisions on compulsory licensing and 72 (38.5%) had provisions implementing TRIPS Article 31bis. Conclusions: The results of this study have highlighted the gap in the implementation of TRIPS flexibilities in countries' national patent legislation, especially in least‐developed countries. Although it will not fully solve patent barriers to the access of medicines, implementation of compulsory licensing (and specifically those for the import and export of pharmaceutical products) will provide governments with another tool to safeguard their population's public health. Further discussions are needed to determine whether the WTO can provide effective responses to future pandemics or global crises. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
44. EAST BECAME WEST: GURU DAN HENRY NICOLSON AND SISHYA KANCHI NATARAJAN GANDHI.
- Author
-
Prasad, Rajalakshmi
- Subjects
- *
PATENT law - Abstract
The article focuses on the cultural exchange between Guru Dan Henry Nicolson and his disciple, Sishya Kanchi Natarajan Gandhi, representing a transition where Eastern traditions intersect with Western influences. It discusses their collaboration, exploring themes of knowledge transfer, the fusion of artistic styles, and the transformative impact of cross-cultural interactions on artistic expression.
- Published
- 2023
- Full Text
- View/download PDF
45. Author Index for Volume 31.
- Subjects
- *
PATENT law , *SCIENCE publishing , *ALGEBRA , *CONFERENCES & conventions , *AUTHORS - Published
- 2024
- Full Text
- View/download PDF
46. Peter Andrew Sturrock 1924- 2024: Founder of the Society for Scientifi c Exploration.
- Author
-
Bengston, Bill
- Subjects
- *
PLASMA physics , *RESEARCH personnel , *SCHOLARLY periodicals , *DARK matter , *PATENT law - Abstract
The article in the Journal of Scientific Exploration commemorates the life and contributions of Peter Andrew Sturrock, who passed away at the age of 100. Sturrock was a distinguished physicist known for his work in astrophysics, plasma physics, and solar research, as well as for his role in founding the Society for Scientific Exploration (SSE). The SSE was established to provide a platform for scholars conducting research in unconventional areas and to foster collaboration and discussion among scientists. Sturrock's legacy is characterized by his endless curiosity, courage to challenge orthodox beliefs, and commitment to rigorous scientific inquiry. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
47. ‘Big Pharma is at peak power’.
- Author
-
Landin, Conrad
- Subjects
- *
PHARMACEUTICAL industry , *PATENT law , *SOCIAL & economic rights - Abstract
Fatima Hassan, a prominent public health campaigner in South Africa, has fought against AIDS denialism and "vaccine apartheid" during the Covid-19 pandemic. After working on legal protections for people living with HIV, Hassan founded the Health Justice Initiative in 2020, advocating for an inclusive and equitable public health system. She discusses the limitations of the mRNA Technology Transfer Hub in Cape Town and the need for patent law reforms in South Africa. Hassan also highlights the influence and power of the pharmaceutical industry, which has hindered access to vaccines and prioritized profits over affordable healthcare. [Extracted from the article]
- Published
- 2024
48. Acknowledgements to the Referees.
- Subjects
- *
SCIENCE publishing , *PATENT law - Abstract
The document titled "Acknowledgements to the Referees" is a list of individuals who reviewed papers submitted to the International Journal of Uncertainty, Fuzziness, and Knowledge-Based Systems between January 2023 and December 2023. The list includes a diverse range of names from various cultural backgrounds. The purpose of the document is to express gratitude to these referees for their contributions to the journal. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
49. Historical Kinship & Categorical Mischief: The Use and Misuse of Doctrinal Borrowing in Intellectual Property Law.
- Author
-
Bartholomew, Mark and Tehranian, John
- Subjects
- *
INTELLECTUAL property , *COPYRIGHT , *PATENT law , *DECISION making in law , *INDUSTRIAL laws & legislation - Abstract
Analogies are ubiquitous in legal reasoning, and, in copyright jurisprudence, courts frequently turn to patent law for guidance. From introducing doctrines meant to regulate online intermediaries to evaluating the constitutionality of resurrecting copyrights to works from the public domain, judges turn to patent law analogies to lend ballast to their decisions. At other times, however, patent analogies with copyright law are quickly discarded and differences between the two regimes highlighted. Why? In examining the transplantation of doctrinal frameworks from one intellectual property field to another, this Article assesses the circumstances in which courts engage in doctrinal borrowing, discerns their rationale for doing so, identifies whether certain patterns of borrowing exist, and scrutinizes the value, propriety, and impact of such borrowing. By tracing the different strains that animate the courts’ analogical jurisprudence in patent and copyright law, the Article builds on broader insights from the scholarship on legal borrowing and offers guidance on how to approach analogies between related legal regimes in a more disciplined fashion. In the end, the Article seeks to provide a better understanding of what juridical techniques courts may deploy to strengthen the efficacy of borrowing—so that importation of legal doctrine can do more good than harm—in intellectual property law and more generally. [ABSTRACT FROM AUTHOR]
- Published
- 2023
50. Not So Obvious: Patent Examiners Need Advanced Tools to Support United States Innovation.
- Author
-
Zelezny, Steve
- Subjects
- *
PATENT law , *PATENT offices , *PATENTS - Abstract
The article discusses the challenges faced by patent examiners in the United States and the need for advanced tools and training to support innovation. It highlights the redefinition of prior art and the increase in software-related inventions as obstacles faced by examiners. The article emphasizes the importance of AI tools in improving prior art searching and suggests that the Patent and Trademark Office can learn from innovative practices in foreign patent offices. It also calls for amendments to the PEQIA to provide concrete guidance and coordination with federal agencies. The text discusses various aspects related to patent examination and the need for advanced technology and training for patent examiners. It mentions the NAIIA and the creation of the NAIIO to promote AI-based technologies in the federal government. It also highlights President Biden's Executive Order to enhance examiner training and prevent obvious changes to drugs from being patented. Additionally, it discusses the AIA and its impact on prior art, as well as the proposed PEQIA to address concerns about patent quality. The text emphasizes the importance of boosting prior art searching with AI tools and federal agency coordination to enhance examiner technical training. The text discusses the challenges faced by patent examiners in evaluating multidisciplinary inventions and searching for prior art within various fields. The Patent and Trademark Office is implementing AI-driven tools to streamline the prior art searching process and adopting innovative practices from foreign patent offices to enhance AI-based acumen. Additionally, the office is working on partnerships and federal agency coordination to provide advanced technical training to examiners. The [Extracted from the article]
- Published
- 2023
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