Insights

Claim Language Having No Patentable Weight

In a patent application, an applicant is entitled to be their own lexicographer. Patent practitioners prepare patent applications based on an applicant’s invention disclosure and draft a patent application to describe an invention, carefully and faithfully following applicants’ description of their inventions. Certain claim language, even though chosen or preferred by an applicant, may present potential claim construction issues to have no patentable weight under the governing law. The consequences of having no patentable weight…

IP Finds a Way

Exploring the Scope of Design Patents and the Article of Manufacture Requirement As with the evolution of all things in our world, design patents are no exception and are undergoing a transformational rebirth as technology now enters the age of the metaverse. This article explores what the metaverse means for design patents and IP stakeholders. Design patents are a unique form of intellectual property (IP) protection and, in the United States, protect “any new, original…

Can You Claim Artificial Intelligence as an Inventor for Patents?

Claiming artificial intelligence (“AI”) as an inventor on patent applications has been an issue of interest lately, with key decisions being rendered in several jurisdictions. Applications covering two inventions[1] at the forefront of this debate list DABUS (“Device for the Autonomous Bootstrapping of Unified Sentience”) as the sole inventor. DABUS is a creativity machine that uses an artificial neural network and simulates a human brain that can learn and make decisions. Dr. Stephen Thaler, the…

Japanese Unity of Invention Requirement

What is unity of invention in general? Unity of invention relates to the concept of one invention in one patent application. In most jurisdictions, in order to include two or more inventions in one application, the inventions as defined in the claims must be linked by a general inventive concept by sharing the same (identical) or corresponding (achieving the same technical effect, solving the same technical problem, or having an interrelated relationship) special technical features…

How Much Detail Is Needed for Machine Learning and Artificial Intelligence Patent Applications?

By George Patsarikas Machine learning (ML) and artificial intelligence (AI) are becoming ubiquitous in various technical disciplines, such as automotive technologies, semiconductor fabrication systems, Industry 4.0, medical diagnostic systems, image and speech recognition, and predictive analytics. Moreover, the number of public AI patent applications has increased by more than 50% since 2012, which demonstrates a desire to protect the rapid developments and advancements in the AI and ML space. While much of the legal literature and…

Last Week in IP: Vaccines & Cher

Every Friday, staff member Robert Voakes writes a roundup of IP stories of the week. His opinions are his own.  Lawmakers Say Moderna Deal May Let Gov't Share Vax Recipe A group of lawmakers want to share the ingredient list and manufacturing instructions to the Moderna COVID-19 vaccine with developing nations across the globe. Under 10% of people in economically challenged countries are vaccinated. Whatever America can do to share the vaccine with the world must be done. You don’t…

Last Week in IP: Scary Terry, Evel Knievel, and More

NBA Player's 'Scary' Use Was Fair Use, Judge Says  Former Boston Celtics point guard Terry Rozier scored a fair use win on Monday when a New York federal judge ruled that his use of the iconic mask from the movie "Scream" was "a means of satirizing and ridiculing the perception of ruthless high-scoring athletes in the NBA." Scary Terry has blossomed in Charlotte since being dealt from Boston. We expect we will be hearing more from Scary…

Does Your Patent License Mean What You Think It Means?

Licensing patents can be a great way to add value to your product line without the risks associated with research and development. Licenses can also be a great way to monetize your own inventions without the headaches of manufacturing and marketing. However, recent case law has shown that a number of terms used in patent license agreements do not always mean what they appear to mean on their face. This post briefly touches on a…

Foreign Filing Licenses: Where do I need to File First?

As communications tools make it easier for patent applicants and inventors to collaborate with one another across jurisdictional borders and inventors work in jurisdictions where they may not be residents, technological innovations are increasing by leaps and bounds. In many cases, patents are sought for these technological innovations. Patent practitioners, patent applicants, and inventors need to be aware in such circumstances of the potential need for foreign filing licenses. Essentially, many countries require patent applicants…

Invent or Don’t Invent …There is no Try

When it comes to inventorship in the United States, too often there seems to be an overly generous – even ceremonial –approach to naming inventors. “He was such a nice manager and encouraged me all the way!” or“She did a great job testing all of my prototypes and providing thorough test data” or“He did a great job reviewing my invention disclosure and asking questions about how the invention operates” or“She uses the Force for knowledge and defense,…