George Meyer on LinkedIn: Sanho v. Kaijet Tech addresses whether a non-confidential disclosure… (2024)

More Alice/Mayo examples for all the software patent girlies (me, reading this 35-page document right now).

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Today, Hepworth Browne secured a seminal decision for the AI community on the inherent patentability of ANNs and the approach to exclusion under section 1(2) of the U.K. Patents Act. The legal premise, including the assessment of technical contribution, is equally applicable to the corresponding provisions of the EPC. Full details of the decision on Emotional Perception’s Application [2023] EWHC 2948 (Ch) can be found at www.hepworthbrowne.com.Our immediate feeling, “The decision should be welcomed by all, including the UKIPO. It means that U.K. PLC is now very much open for business in AI technologies, but also the door is opened to other industrial sectors making use of computer implemented inventions. Adequate IPR protect is critically important to U.K. industry.”#patent #AI #patentability #software #neuralnetworks

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A cautionary tale from Leonita Paulraj highlighting ✍️ the importance of using accurate language when drafting a patent application ✍️ the need for consistency between the invention as defined by the claims and the invention as described in the rest of the specification ✍️ the strict assessment of added subject matter by the European Patent Office#PatentDrafting #EuropeanPatentPractice #AddedMatter

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The latest issue of our newsletter IP/Tech is now available! Topics include: 👉 One year on with the unitary patent system – trends and statistics.👉 Automated decision-making on the agenda of the CJEU – part 2.👉 The Data Act's impact on outsourcing of IT services.👉 Increased transparency requirements when marketing price reductions.The newsletter is available in Swedish here: https://lnkd.in/dspHZrgX #mannheimerswartling #lawfirm #IP #tech

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Just in time for Christmas, the #UK Supreme Court has handed down a unanimous judgment, find that the #AI machine #DABUS cannot be an #inventor for the purposes of a UK #patent application, that its owner Dr Stephen #Thaler was not entitled to apply for a patent on DABUS' inventions, and that the UK IPO was correct to consider the application to have been withdrawn as a result.As widely expected, the decision was written by Lord Kitchin, and was joined by all four of the other judges on the panel. It is, in my view, clear, compelling, and correct. It confirms that an inventor, for the purposes of the UK Patents Act 1977, must be a natural person, and cannot be a machine. It also confirms that there is no legal basis, within the terms of the Act, for the right to apply for a patent to be acquired by any other person (e.g. Dr Thaler) by virtue of ownership of an inventive machine. Thirdly, it confirms that while the UK IPO is not generally obliged to validate assertions regarding inventorship and entitlement that are made in a patent application, it was correct to consider the requirements not to have been complied with, and the application to have been withdrawn, when those assertions plainly had no legal basis within the terms of the Act.The judgment, in this sense, very much takes a 'textualist' approach. I think that is quite right. A deviation from the plain language of the Act implies a change in policy. That is clearly a matter for the legislature, not the courts.

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PSITA under the Patents Act, 1970 ***********************************In the Indian context, the PSITA is not defined in the law, but a fleeting clue about his qualification is mentioned rather indirectly, in a ground of revocation under Section 64(h) where it is stated “that complete specification are not by themselves sufficient to enable a person in India possessing average skill in, and average knowledge of, the art to which the invention relates, to work the invention.”In other words, to prove the insufficiency/enablement ground, it is sufficient to contend that the description of the method or the instructions for the working of the invention as contained in the complete specification are not by themselves sufficient to enable a person in India possessing average skill in, and average knowledge of, the art. Accordingly, the person who possesses average skill in, and average knowledge of, the art is the person skilled in the art for the purpose of understanding the invention for the investigation of enablement. Additionally, that person should perform the invention based on the description in the specification without other assistance or further experiment.https://lnkd.in/g7puXbzM

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That would be a better argument than the ones presented by the government. Of course, if freedom of contract is the main justification, then making the Regs "non-mandatory" would do the trick. It would be interesting to know how many domestic commercial agency agreements there are where the parties actually prefer the regs to apply (might not be many).What worries me is where a "freedom of contract" based justification would end. Yes, the common law of contract (at least its E&W ancestral version) is very broad on foc, self-reliance and non-interventionism. But there are many instances when some legislative constraint on foc is appropriate - not only in consumer and employment law (which are different ball games altogether these days) but also for some commercial contracts, eg, the B2B Platform Regulation (which continues to apply in the UK) or UCTA.Badly-drafted legislation should be reformed or repealed, and if that is the argument, then fine.

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A reminder that, from today, the European Patent Office's ten-day rule will no longer apply to new communications. There's some useful detail in the linked article, but to mark the occasion in a suitable manner, I asked BingAI to write a memorial poem to note its abolition. This will definitely help people remember how to calculate deadlines now:Farewell to the ten-day ruleThat gave us time to act real coolWhen EPO sent us lettersWith deadlines and other mattersYou served us well for many yearsYou eased our worries and our fearsYou helped us plan our strategiesAnd manage our formalitiesBut now the times have changed, they sayThe digital age is here to stayThe EPO has moved onlineAnd so the rule has crossed the lineNo more ten days to calculateThe date we need to reply or waitThe date on the document is the keyTo start the clock for you and meWe'll miss you, ten-day rule, we willBut we'll adapt and carry on stillWe'll docket our systems and check our mailAnd hope the safeguards will not failFarewell to the ten-day ruleYou were a useful and handy toolBut now you're gone, we say goodbyeAnd thank you for your service, aye.https://lnkd.in/epxDXspW#epo #europeanpatentoffice #patents #intellectualproperty #ai #poems

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With the new year, we're going to change up Federal Circuit precedential case summaries to make them more manageable for everyone involved. Rather than posting long, multi-paragraph summaries on the day opinions are released, I'll be posting at the end of each week, with very brief, 1-2 line summaries of each case, distilling them down to the primary takeaway.Hopefully this will do a few things: (1) you get a baseline understanding of what topics were addressed that week in a matter of seconds and can decide if any opinion is relevant to your current work and warrants a closer look, and(2) we end up with an easily digestible list of opinions to flip through by topic and date to quickly check for anything that would merit a 28(j). (still working through a format for this... but stay tuned).-----------------------------------From last week, we had two precedential decisions:- Cywee Group Ltd. v. ZTE (USA), Inc., 2021-1855: If the original IPR petitioner does not oppose a motion, a joined party may oppose.- Roku v. ITC, 2022-1386: To show domestic industry at the ITC, the patent owner only needs to show investment in the intellectual property, which may be any "subset" of a product, not "whole products themselves."

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How does India combat fraudulent pyramid schemes? Learn about the regulations protecting MLM and network marketing. #MLM #PyramidSchemes #India