PatentNext Takeaway: The U.S. Copyright Office originally granted copyright registration to a comic book titled “Zarya of the Dawn.” However, upon learning that the comic book included images created by an AI tool, the Office canceled the original registration but
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PTAB Invalidates GUI, but Leaves Obviousness Test Gooey
On February 9, 2023 the PTAB issued a Final Written Decision in Early Warning Services, LLC and Samsung Electronics Co., Ltd. v. WePay Global Payments LLC, determining the design claim of US D930,702 (“D’702”) unpatentable, as both anticipated and obvious…
ChatGPT and Intellectual Property (IP) related Topics
Obvious Variants and the Hand of Fate
Collateral estoppel is a resource-saving shortcut. Judges consider it when an issue previously received sufficient judicial attention. And they apply it when the issue was resolved against the party now seeking, in some way, to circumvent that resolution. In the…
Announcing IPO white paper on a Global Perspective on Software and Medical Device Guidance
I am excited to announce the publication of the Intellectual Property Owner (IPO)’s white paper on “Software and Medical Device Guidance: A Global Perspective.”
The paper was authored by the IPO’s Software and Medical Device Subcommittee, which…
USPTO Request for Comments on AI as an Inventor
PatentNext Summary: Following the August 2022 Federal Circuit decision in Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), in which the court ruled that artificial intelligence (AI) could not be an inventor by itself, the USPTO has now requested…
No Weight for Unsupported Expert Witness Testimony
In early February 2023, the Patent Office’s Director designated as precedential the Patent Trial and Appeal Board’s decision in Xerox Corp. v. Bytemark, Inc., IPR2022-00624, Paper 9 (PTAB Aug. 24, 2022). In this decision, the Board denied a…
This Seems Absurd, but …
Last year, a district court applied the doctrine of collateral estoppel to dismiss an infringement suit after the Patent Trial and Appeal Board decided to cancel the asserted patent’s claims in an inter partes review. In the ensuing appeal of…
Patenting Software And Computer-Implemented Inventions In Southeast Asia
PatentNext Summary: Software and computer-implemented inventions (CII) have experienced explosive growth in recent years. This article looks at laws of jurisdictions in Southeast Asia, comparing the status of enforcement and protection of software and CII in various Southeast Asia countries.…
The Intersection of Artificial Intelligence (AI), Life Sciences, Healthcare, and Intellectual Property (IP)
PatentNext Summary: The life sciences and healthcare fields produce big data, which Artificial Intelligence (AI) tools can use to train AI models to assist doctors, patients, researchers, and other stakeholders in various ways. In the intellectual property (IP) space, there…