IP News Alerts
USPTO Guidance on AI-assisted Inventing: A Natural Person Is An Inventor If They Provided A Significant Contribution
February 22, 2024
By: Christine M. Wise and Philip T. Mazoki
The United States Patent and Trademark Office (USPTO) recently published guidance on whether a natural person may be an inventor of an AI-assisted invention. This guidance from...
United States Patent and Trademark Office Releases New Guidelines for Assessing Enablement in View of Amgen v. Sanofi
February 12, 2024
By: Deirdre E. Sanders and Kelly Brewer, , Ph.D.
Best practices continue to include providing enabling disclosure reasonable for claim scope, including disclosure of structural characteristics common to all claimed embodiments of...
In re Cellect: Is Your Patent Portfolio Vulnerable to Double Patenting Challenges?
November 13, 2023
By: Christine M. Wise and Alice O. Carroll
For the first time, the Federal Circuit in the case of In re: Cellect, LLC (Case No. 22-1293, decided August 28, 2023) addressed how Patent Term Adjustment (PTA) interacts with obviousness...
United States Patent and Trademark Office: Expansion and Extension of the Climate Change Mitigation Pilot Program
June 13, 2023
By: Christine M. Wise and Alice O. Carroll
As of June 6, 2023, the United States Patent and Trademark Office (USPTO) expanded the scope of the Climate Change Mitigation Pilot Program, initially implemented on June 3, 2022,...
Supreme Court Clarifies Enablement Standard, Finds Amgen’s Antibody Genus Claims Invalid
May 22, 2023
By: Deirdre E. Sanders and Bin Wang,, Ph.D.
The Supreme Court of the United States has issued its ruling in Amgen v. Sanofi, affirming the Federal Circuit’s conclusion that Amgen failed “to enable any person skilled...
Long-Anticipated Supreme Court Ruling in Warhol Copyright Case Underwhelms
May 19, 2023
Andy Warhol, even posthumously, has a talent for attracting attention. That was true for the copyright litigation by the Andy Warhol Foundation (“AWF”) against the photographer...
Artificial Intelligence: The USPTO Seeks Comments on Inventorship
May 3, 2023
In June 2022, the United States Patent and Trademark Office (USPTO) formed the Artificial Intelligence/Emerging Technologies (AI/ET) partnership, which seeks to bring together stakeholders...
USPTO Delays the Planned Non-DOCX Filing Surcharge Fee Yet Again
March 31, 2023
By: Alexander Adam, , Ph.D. and Mary Lou Wakimura
The United States Patent and Trademark Office (USPTO) published a new final rule on March 27, 2023, delaying the effective date of the fee set for filing a Non-DOCX patent application...
USPTO’s First-Time Filer Expedited Examination Pilot Program
March 27, 2023
By: Alice O. Carroll and Christine M. Wise
On March 9, 2023, the USPTO launched a pilot program for first-time filers of U.S. patent applications. The pilot program will provide an expedited first Office Action which includes...
April 2023 Brings Changes in Form and Format at the USPTO
March 23, 2023
By: Mary Lou Wakimura and Alexander Adam, , Ph.D.
Noteworthy changes are coming soon at the United States Patent and Trademark Office (USPTO) in its efforts to modernize and streamline US patenting processes and systems. The changes...
WARHOL: Creator or Infringer?
March 21, 2023
Does an artist have unlimited rights to take another’s work without compensation or permission as the basis for new art? The Supreme Court is about to answer this question in...
USPTO Transition to eGrants from Paper Patents
March 20, 2023
On April 18, 2023, the USPTO will move from paper patents to electronically generated patents (eGrants). This applies to all types of patents (utility, design, plant and reissue...