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Features
In an eagerly anticipated decision involving the proper standard for assessing when a claimed design is obvious, the Federal Circuit overruled the Rosen-Durling test that courts and the USPTO have been applying for nearly 30 years, calling the test "improperly rigid" and inconsistent with Supreme Court precedent.
Features
The Act is intended to guard against patent trolling and creates a private cause of action for those targeted by bad faith infringement assertions and contemplates two types of relief: remedies and a bond requirement.
Features
When is an inventor not an inventor? It's when the inventor isn't human. So, if a non-human inventor can't, in the eyes of patent law, be an inventor, what role can the non-human inventor have in the patent system? The answer is straightforward. Even though it can't create, it can destroy.
Features
While it may be growing more difficult to protect business information with the FTC's noncompete ban, patents can provide strong protection over technical innovations, regardless of whether the inventor stays with the company or leaves.
Features
The April Guidance, which supplements prior guidance issued in February, seeks to remind practitioners of existing rules and to educate them on potential risks associated with artificial intelligence tool use, allowing practitioners to mitigate these risks.
Features
The downfall of the Rosen-Durling test will generally make it harder to obtain design patents and easier to invalidate design patents.
Features
Licensing inventions vis-a-vis the licensing of patents is not a new practice by any means. However, the explosion of innovation in industries such as technology and pharmaceuticals has placed patent licensing at the forefront of economic advancement.
Features
This article explores the benefits and risks of AI-driven drug discovery from the legal perspective. Since the law governing IP rights in AI-driven drug discovery is still in its infant state, any future legal development is likely to have significant implications in many areas.
Features
A statutory predicate to the contractual outcome regarding ownership of patent rights is the requirement of a sufficient contribution by a natural person in the effort that yielded the output. The issues implicated by this requirement are one development among more to come as patent law and policy try to catch up to proliferating AI technology.
Columns & Departments
Federal Circuit Weighs On the Patentability of Claims to Targeted Advertising Federal Circuit Clarifies the Result-Effective Variable Doctrine