34,187 results on '"PATENT law"'
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2. Intellectual property law protection for energy-efficient innovation in Saudi Arabia
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Sarabdeen, Jawahitha and Mohamed Ishak, Mohamed Mazahir
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- 2024
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3. Cons of Property Rights.
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INTELLECTUAL property , *ACCESS to information , *DISRUPTIVE innovations , *PATENT law , *PIRACY (Copyright) - Abstract
The article discusses various perspectives on intellectual property rights and their impact on innovation and access to information. Topics discussed include the limitations and consequences of recent U.S. patent system changes, the potential impact of site-blocking legislation on piracy, and the strategic threat posed by Chinese intellectual property practices.
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- 2024
4. 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
5. Suppliers' entry, upgrading, and innovation in mining GVCs: lessons from Argentina, Brazil, and Peru.
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Pietrobelli, Carlo, Olvera, Beatriz Calzada, Iizuka, Michiko, and Mazzi, Caio Torres
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INDUSTRIAL organization (Economic theory) ,COPPER ores ,VALUE chains ,COPPER ,INTERNATIONAL trade ,SUPPLIERS ,PATENT law - Abstract
This paper studies whether the mining sector can represent a true engine of growth for selected Latin American countries through the suppliers' entry and upgrading within mining value chains. We start by using international trade data to study where mining value is added and how rents are distributed across countries. Despite their importance in the production and exports of copper ores and concentrate, the participation of the selected Latin American countries in copper value chains is still confined to the upstream segment. Moreover, their share of innovation relevant for the sector remains very limited, although new data on patenting and publications show that the sector is becoming increasingly innovative worldwide. Then, we use new microeconomic evidence from case-studies in Latin America to explore the specific opportunities and obstacles faced by mining suppliers in entering the value chain and upgrading within it, and how the regulatory and innovation systems have influenced this process. We show that barriers related to the contractual practices, lead firms' attitudes, and the hierarchical industrial organization of the sector, coupled with the countries' weaknesses in local innovation and regulatory systems, have been contributing to hamper suppliers' entry into mining value chains and upgrading. [ABSTRACT FROM AUTHOR]
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- 2024
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6. Artificial Intelligence and Inventorship
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Marsoof, Althaf, Kacprzyk, Janusz, Series Editor, Gomide, Fernando, Advisory Editor, Kaynak, Okyay, Advisory Editor, Liu, Derong, Advisory Editor, Pedrycz, Witold, Advisory Editor, Polycarpou, Marios M., Advisory Editor, Rudas, Imre J., Advisory Editor, Wang, Jun, Advisory Editor, Chakraborty, Mohuya, editor, Chakrabarty, Shambhu Prasad, editor, Penteado, Ana, editor, and Balas, Valentina Emilia, editor
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- 2025
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7. 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
8. 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
9. 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
10. '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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11. 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]
- Published
- 2025
12. Author Index (Volume 19).
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SCIENCE publishing , *PATENT law , *ISLAM , *BASIL , *SONGS - Published
- 2024
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13. 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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14. 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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15. 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]
- Published
- 2024
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16. 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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17. الحماية القانونية لريادة الأعمال من خلال أحكام براءة الاختراع.
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أحمد سامي المعمو and ذو الفقار عباس رز
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INTELLECTUAL property ,BUSINESSPEOPLE ,PATENT law ,CULTIVARS ,ECONOMIC development - Abstract
Copyright of Kufa Studies Center Journal is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
18. К 200-летию первой русской экспедиции в Бразилию: страницы истории
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Шевченко, Наталья Александровна, Капитанец, Юлия Владимировна, Зинчук, Галина Михайловна, and Красюкова, Наталья Львовна
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WESTERN countries ,PLANT collecting ,INDIGENOUS peoples ,PATENT law ,CONTENT analysis ,SCIENTIFIC expeditions - Abstract
Copyright of Bylye Gody is the property of Cherkas Global University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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- 2024
- Full Text
- View/download PDF
19. Designation of Inventor for 'AI-Generated Inventions'.
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PATENT offices ,PATENTABILITY ,SCIENTIFIC knowledge ,PATENT applications ,ARTIFICIAL intelligence ,PATENT law ,INTANGIBLE property - Abstract
The article discusses a legal case regarding the designation of an inventor for AI-generated inventions under patent law. The Federal Supreme Court ruled that only a natural person can be designated as an inventor, not a machine system with artificial intelligence functions. The court emphasized the need for a human contribution that significantly influences the overall success of the invention to qualify as an inventor. The decision enables patent protection for computer-generated inventions, addressing questions about inventorship, patent eligibility, and inventive step in the context of AI-generated inventions. [Extracted from the article]
- Published
- 2024
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20. Personalisation of Trade Mark Goods.
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BRAND name products ,INTELLECTUAL property ,LEGAL judgments ,PATENT law ,CIVIL procedure ,TRADEMARKS ,WARRANTY - Abstract
The article delves into a legal case involving A._ SA, a company that customizes luxury watches, primarily Rolex, for customers. It explores the fine line between lawful personalization services and unauthorized marketing of modified products bearing the original brand name. The Federal Supreme Court ruled against A._ SA, finding their activities to infringe on trademark laws and not covered by trade mark exhaustion. The court ordered a reexamination of the case by the lower court and an equal sharing of costs between the parties involved. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
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