USPTO Delivers Inventorship Guidance on AI-Assisted Inventions
BakerHostetler | IP Intelligence
by Tayan B. Patel, Daniel P. Wicklund
1w ago
Further to President Biden’s 2023 executive order (EO) on the safe, secure and trustworthy development and use of artificial intelligence (AI) last year (see https://www.bakerlaw.com/insights/white-house-instructs-uspto-to-provide-guidance-on-ai/), the U.S. Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”).[1] The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. The Guidance strives to ensure balance between protecting and incentiviz ..read more
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The Federal Circuit Once Again Shows Its Willingness to Reject Conclusory Allegations of Inventiveness
BakerHostetler | IP Intelligence
by Jeremy K. Chai
3w ago
The Federal Circuit recently affirmed a district court’s grant of Zillow Group Inc.’s (“Zillow”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) because the two International Business Machines Corporation (“IBM”) patents-at-issue, U.S. Patent Nos. 6,778,193 and 6,785,676 (the “’193 patent” and “’676 patent,” respectively) were directed to ineligible subject matter under 35 U.S.C. § 101. Int’l Bus. Machines Corp. v. Zillow Grp., Inc., No. 2022-1861, 2024 WL 89642 (Fed. Cir. Jan. 9, 2024). Specifically, the claims were found invalid under the Supreme Court’s two-step framework f ..read more
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2024 Trends: UDRP Complaints, Domain Scams Still on the Rise
BakerHostetler | IP Intelligence
by Kevin M. Bovard
1M ago
It has been a busy year for domain scammers – and the brand owners fighting back against them. According to numbers published by the World Intellectual Property Organization (WIPO) and the Forum, the number of complaints brought under the Uniform Domain Name Dispute Resolution Policy (UDRP) saw an annual increase of approximately 8 percent through year-end 2023. In all, nearly 9,000 complaints were filed, many challenging more than one fraudulent domain. This continues a pattern seen over the past decade, during which the number of complaints has risen a whopping 214 percent. UDRP complaints ..read more
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2024 BakerHostetler IP Perspectives – Forecasts, Trends and Accomplishments
BakerHostetler | IP Intelligence
by Mark H. Tidman
1M ago
There’s never a dull moment in the world of intellectual property – a fact that is increasingly apparent, as rapid growth in the field of artificial intelligence transforms the legal landscape at lightning speed. The inaugural BakerHostetler IP Perspectives (BHIPP) reflects BakerHostetler’s stance at the forefront of industry developments. Inspired by the client wins and business development highlights BHIPP was created to go a step beyond. It offers concise analysis from various IP practice teams of current challenges and trends as a showcase of attorneys’ knowledge and experience. There’s pl ..read more
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Trademark Owners: Be Wary – Part 2!
BakerHostetler | IP Intelligence
by Robert B.G. Horowitz
1M ago
Expanding on our blog post of January 2, 2024, yet another scam has been brought to our attention—with serious consequences. The signatory of a client was telephoned by the “Federal Trademark Office,” which requested a $400 payment for each of two applications filed a few days earlier. The caller’s telephone number showed as 571.272.4000 (made possible by caller ID spoofing software), which is the U.S. Patent and Trademark Office’s number for its Application Assistance Unit. The caller identified the serial numbers of the applications and stated additional fees were necessary for their process ..read more
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In the Wake of the Amgen Decision, the USPTO Will Continue To Use the Wands Factors when Evaluating Enablement
BakerHostetler | IP Intelligence
by Ronald C. Kern Jr., Ph.D.
1M ago
In the wake of the U.S. Supreme Court’s decision in Amgen Inc. v. Sanofi, 598 U.S. 594 (2023) (Amgen), in which the Court addressed whether Amgen’s functional antibody genus claims satisfy the enablement requirement, the U.S. Patent and Trademark Office (USPTO) released its guidelines for evaluating enablement.[1] The guidelines indicate that the USPTO will continue to use the Federal Circuit’s Wands factors when evaluating whether undue experimentation would be required in order to practice the claimed invention, and state that the Wands factors will be used “regardless of the technology.” Th ..read more
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Be Aware as Trademark Email Scams Get More Sophisticated
BakerHostetler | IP Intelligence
by Lisa Bollinger Gehman
2M ago
As the new year gets underway, we want to flag the newest misleading trademark email scams, as these communications have become more advanced in their targeting. Trademark owners should be wary of official-looking email solicitations from attorneys or law firms that claim to specialize in trademarks and are masquerading as Good Samaritans who wish to aid in protecting the company’s brand against another company that has contracted that firm to register the same mark. Over time, owners of U.S. trademark applications and registrations have become accustomed to receiving fraudulent emails from ba ..read more
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White House Instructs USPTO to Provide Guidance on AI
BakerHostetler | IP Intelligence
by Tayan B. Patel
3M ago
On Oct. 30th, President Biden issued an executive order (EO) on the safe, secure and trustworthy development and use of artificial intelligence (AI).[1] Regarding patents, the EO requires the United States Patent and Trademark Office’s (USPTO) Director to provide guidance on AI in the context of inventorship and patentable subject matter.[2] Below is a timeline of when and what the public should expect to receive from the USPTO in 2024. Within 120 days of the EO (i.e., late February), the Director is required to publish guidance for patent examiners and applicants regarding inventorship when A ..read more
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Andersen Plaintiffs Will Need to Amend Their Complaint Against Stability AI, Judge Rules
BakerHostetler | IP Intelligence
by Theresa M. Weisenberger
4M ago
On Oct. 30, Judge William Orrick of the U.S. District Court for the Northern District of California largely sided with defendants Stability AI, DeviantArt and Midjourney in the generative AI-copyright infringement suit brought by a trio of artists. Judge Orrick found plaintiffs’ complaint “defective in numerous aspects” and gave plaintiffs leave to amend “to provide clarity regarding their theories of how each defendant separately violated their copyrights, removed or altered their copyright management information, or violated their rights of publicity and plausible facts in support.” In a rec ..read more
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Great Concepts LLC v. Chutter, Inc.: The Federal Circuit Weighs In on TTAB’s Authority When a Registrant Commits Fraud on the Trademark Office
BakerHostetler | IP Intelligence
by Christina J. Moser
4M ago
The Trademark Trial and Appeal Board’s (Board) precedential decision in Chutter, Inc. v. Great Management Group L.L.C. (TTAB 2021) opened the door for cancellation actions and defenses based on a lowered intent requirement. Following the Federal Circuit’s 2009 In re Bose Corp. decision, fraud on the USPTO was curtailed to instances with substantial evidence of intent to deceive. The Board’s Chutter decision expanded specific intent to include reckless disregard for the truth or falsity of a material statement and applied it to a false Section 15 declaration that the submitting attorney did not ..read more
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