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IPWatchdog.com has been online since 1999 and has provided information and news regarding intellectual property to many tens of millions of unique visitors. This page is open to all, but is intended to provide a platform to meet others who are interested in intellectual property topics including patents, copyrights, trademarks, trade secrets, business and the Internet.

“This article proposes that, to incentivize innovation, embracing the patent eligibility of artificial intelligence-inve...
06/20/2020
Finding a Way Forward: Analyzing Approaches to Artificial Intelligence Inventorship

“This article proposes that, to incentivize innovation, embracing the patent eligibility of artificial intelligence-inventions is key. Thus, we suggest viewing AI as a tool—or a pet—to indicate autonomy to some extent.” Earlier this year, the World Intellectual Property Organization (WIPO) received hundreds of submissions commenting on the Draft Issues Paper on Intellectual Property Policy and Artificial Intelligence. Contemporaneously, the notable DABUS cases were rejected by the… [ 1,911 more word ]
https://www.ipwatchdog.com/2020/06/20/finding-way-forward-analyzing-approaches-artificial-intelligence-inventorship/id=122661/

Considering balancing the incentive of fostering artificial intelligence technology and genuine inventorship, this article suggests seeing AI as a tool, or a pet, and that requiring the applicant to disclose any AI technology involved is the better resting place.

Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. This week in...
06/19/2020
Other Barks & Bites for Friday, June 19: USPTO to Adjust Trademark Fees, Copyright Office Hosts Section 1201 Webinar and WTO Finds TRIPS Violated by Saudis

Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. This week in Other Barks and Bites: the U.S. Patent and Trademark Office proposes adjustments to trademark fees, issues a final rule on patent term adjustments under Supernus, launches a priority examination program for COVID-19-related trademarks and service marks, and seeks nominations for members of the Patent Public Advisory Committee (PPAC) and Trademark Public Advisory Committee (TPAC); the Federal Circuit strikes down patent suits filed by PersonalWeb Technologies under the… [ 1,311 more word ]
https://www.ipwatchdog.com/2020/06/19/barks-bites-friday-june-19-uspto-adjust-trademark-fees-copyright-office-hosts-section-1201-webinar-wto-finds-trips-violated-saudis/id=122682/

This week in Other Barks and Bites: the U.S. Patent and Trademark Office proposes adjustments to trademark fees, issues a final rule on patent term adjustments under Supernus, launches a priority examination program for COVID-19-related trademarks and service marks, and more.

A bipartisan group of senators has introduced legislation to stop the theft of U.S. intellectual property by foreign gov...
06/19/2020
Bipartisan ‘Safeguarding American Innovation Act’ Would Crack Down on China Theft of U.S. IP

A bipartisan group of senators has introduced legislation to stop the theft of U.S. intellectual property by foreign governments, with a focus on China. The bill, titled the “Safeguarding American Innovation Act,” was introduced today by Senators Thom Tillis (R-NC), Rob Portman (R-OH), Tom Carper (D-DE), Marco Rubio (R-FL), Maggie Hassan (D-NH), James Risch (R-ID), Joe Manchin (D-WV), Chris Coons (D-DE), Josh Hawley (R-MO), Jeanne Shaheen (D-NH), John Barrasso (R-WY), Catherine Cortez-Masto (D-NV), Rick Scott (R-FL), Mike Braun (R-IN), and Marsha Blackburn (R-TN). [ 343 more words ]
https://www.ipwatchdog.com/2020/06/19/bipartisan-safeguarding-american-innovation-act-crack-china-ip-theft/id=122673/

A bipartisan group of senators has introduced legislation to stop the theft of U.S. intellectual property by foreign governments, with a focus on China.

“According to the approach embraced by McRO and BASCOM, while machine learning algorithms bringing a slight improvement ...
06/19/2020
Effects of the Alice Preemption Test on Machine Learning Algorithms

“According to the approach embraced by McRO and BASCOM, while machine learning algorithms bringing a slight improvement can pass the eligibility test, algorithms paving the way for a whole new technology can be excluded from the benefits of patent protection simply because there are no alternatives.” In the past decade or so, humanity has gone through drastic changes as Artificial intelligence (AI) technologies such as recommendation systems and voice assistants have seeped into every facet of our lives. [ 1,744 more word ]
https://www.ipwatchdog.com/2020/06/19/effects-of-the-alice-preemption-test-on-machine-learning-algorithms/id=122617/

Inventive concepts enabled by new algorithms can be vital to the effective functioning of machine learning systems. However, the preemption test adopted by U.S. courts may lead to certain types of machine learning algorithms being held ineligible subject matter.

“Strengthening IP protections can improve incentives for innovative, domestic companies and deter patent thieves—both of...
06/18/2020
Calling on Congress: Take Bipartisan Action on IP Now to Ensure Economic Recovery

“Strengthening IP protections can improve incentives for innovative, domestic companies and deter patent thieves—both of which are proving to be more important than ever.” Societies are always most vulnerable in times of crisis. Right now, America is in the midst of the COVID-19 outbreak, subsequent economic devastation, and justified nationwide protests for social and criminal justice reform—perhaps an unprecedented level of unrest. [ 722 more words ]
https://www.ipwatchdog.com/2020/06/18/calling-congress-take-bipartisan-action-ip-now-ensure-economic-recovery/id=122614/

America is in the midst of perhaps an unprecedented level of unrest. As such, it is also perhaps more important than ever for us to demonstrate our ability to unite, cooperate, and innovate. Fortunately, through the improved protection of our intellectual property (IP), America has an opportunity to...

“The USPTO stated that ‘a judicial challenge to the joinder decision necessarily operates as a challenge to the USPTO’s ...
06/18/2020
USPTO and Facebook Submit Briefs Explaining Effects of Thryv on Facebook v. Windy City

“The USPTO stated that ‘a judicial challenge to the joinder decision necessarily operates as a challenge to the USPTO’s decision to institute inter partes review, and vacating the joinder decision would have the necessary effect of vacating the institution determination.’” Last week, Facebook and the USPTO both filed briefs in response to a U.S. Court of Appeals for the Federal Circuit (CAFC) … [ 1,218 more word ]
https://www.ipwatchdog.com/2020/06/18/uspto-facebook-submit-briefs-explaining-effects-thryv-facebook-windy-city/id=122610/

Last week, Facebook and the USPTO both filed briefs in response to a Federal Circuit Order requesting that the parties and the USPTO file supplemental briefs explaining their views regarding the effect of Thryv, Inc. v. Click-To-Call Techs, LP on the decision in Facebook v. Windy City Innovations.

“[T]he CJEU found that where the design of an original work has not been so dictated by technical considerations that an...
06/18/2020
CJEU Says Copyright Protection May Apply to Product Designs if Technical Result Doesn’t Prevent Creative Choice

“[T]he CJEU found that where the design of an original work has not been so dictated by technical considerations that an author’s personality is still reflected in the work ‘as an expression of free and creative choices,’ that work may be protected by copyright.” On June 11, the Fifth Chamber of the Court of Justice of the European Union (CJEU) issued a decision in… [ 1,353 more word ]
https://www.ipwatchdog.com/2020/06/18/cjeu-says-copyright-protection-may-apply-product-designs-technical-result-doesnt-prevent-creative-choice/id=122571/

On June 11, the Fifth Chamber of the Court of Justice of the European Union issued a decision holding that European copyright law extends protection to product shapes producing a technical result when the shape is an original work resulting from the author’s intellectual creation.

“The Court in Kessler recognized that even if a manufacturer of goods were to prevail in a patent infringement suit, the...
06/17/2020
Federal Circuit Bars New Suits Against Amazon Under Claim Preclusion, Kessler Doctrine

“The Court in Kessler recognized that even if a manufacturer of goods were to prevail in a patent infringement suit, the manufacturer could be deprived of the benefits of its victory if the patentee were free to sue the manufacturer’s customers.” The U.S. Court of Appeals for the Federal Circuit today ruled in In Re PersonalWeb Technologies, Inc. that a district court’s 2014 dismissal of a patent infringement suit brought by PersonalWeb against Amazon barred PersonalWeb’s new infringement actions against Amazon and its customers. [ 788 more words ]
https://www.ipwatchdog.com/2020/06/17/federal-circuit-bars-new-suits-amazon-claim-preclusion-kessler-doctrine/id=122561/

The U.S. Court of Appeals for the Federal Circuit today ruled in In Re PersonalWeb Technologies, Inc. that a district court’s 2014 dismissal of a patent infringement suit brought by PersonalWeb against Amazon barred PersonalWeb’s new infringement actions against Amazon and its customers.

District court patent filings are back down to roughly double the number of Patent Trial and Appeal Board (PTAB) filings...
06/17/2020
Patent Filings Roundup: Inventors File IPRs On Own Patents; Johnson & Johnson Feels the NHK Spring Bite in Texas Suture Suit

District court patent filings are back down to roughly double the number of Patent Trial and Appeal Board (PTAB) filings, with 65 new complaints to the PTAB’s 28 new inter partes reviews (IPRs) and one post grant review (PGR). The complaints were driven by the Rothschild entities, adding defendants to existing campaigns, and a fair number of pharmaceutical complaints. Inventors Challenge Own Patents: [ 2,373 more words ]
https://www.ipwatchdog.com/2020/06/17/patent-filings-roundup-inventors-file-iprs-patents-johnson-johnson-feels-nhk-spring-bite-texas-suture-suit/id=122548/

District court patent filings are back down to roughly double the number of Patent Trial and Appeal Board (PTAB) filings, with 65 new complaints to the PTAB’s 28 new inter partes reviews (IPRs) and one post grant review (PGR).

“No reasonable jury could find that the loss of Seed's Count I claim against Kratz was a foreseeable result of advice be...
06/17/2020
D.C. Court of Appeals Finds No Proximate Cause in Patent Attorney Malpractice Case

“No reasonable jury could find that the loss of Seed's Count I claim against Kratz was a foreseeable result of advice because Armstrong had no reason to believe that, by advising Seed about pursuing a malpractice claim against Westerman, Seed would rely on that advice in deciding when to bring a malpractice claim against Kratz.’” On June 12, the U.S. Court of Appeals for the District of Columbia affirmed a decision of the U.S. [ 1,435 more word ]
https://www.ipwatchdog.com/2020/06/17/d-c-court-appeals-finds-no-proximate-cause-patent-attorney-malpractice-case/id=122538/

On June 12, the D.C. Court of Appeals affirmed a district court decision in Seed Co. Ltd. v. Westerman, Hattori, Daniels & Adrian, LLP in a legal malpractice case resulting from the failure of lawyers from two different law firms to file necessary documents in the plaintiffs’ patent case.

“For many, there’s been a frustration about how to answer the form’s questions, which may have been written by an FDA ex...
06/16/2020
FDA Issues Request for Comments on Modernizing Patent Listings in the Orange Book

“For many, there’s been a frustration about how to answer the form’s questions, which may have been written by an FDA expert and not a patent attorney. I think it helps everyone to modernize the Orange Book and clarify the kind of patent information being submitted.” - Tom Irving, Finnegan On June 1, the Food and Drug Administration (FDA) published a notice in the Federal Register… [ 1,903 more word ]
https://www.ipwatchdog.com/2020/06/16/fda-issues-request-comments-modernizing-patent-listings-orange-book/id=122535/

On June 1, the Food and Drug Administration published a notice in the Federal Register announcing that the agency was establishing a public docket for the receipt of public comments on the types of patent information published in the FDA’s Orange Book.

“The Board explained that the parties’ interpretation of § 317(b) as requiring the filing of only collateral agreements ...
06/16/2020
Collateral Agreements Must be Filed in Decision Designated Precedential

“The Board explained that the parties’ interpretation of § 317(b) as requiring the filing of only collateral agreements between the parties would ‘allow parties to IPR proceedings to circumvent the statute’s filing requirement easily, thereby frustrating the purpose of the statute.’” On June 11, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) designated DTN, LLC v. [ 1,051 more word ]
https://www.ipwatchdog.com/2020/06/16/ptab-says-collateral-agreements-must-filed-decision-designated-precedential/id=122529/

On June 11, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) designated DTN, LLC v. Farms Technology, LLC as precedential.

“The America Invents Act left it to the USPTO to establish the rules and procedure of the PTAB. The rules of practice un...
06/16/2020
PTAB Rulemaking: Past, Present, and Future

“The America Invents Act left it to the USPTO to establish the rules and procedure of the PTAB. The rules of practice under David Kappos and Michelle Lee were radically skewed to help infringers and hurt inventors. Director Iancu has begun to fix the most egregious of these biased rules. However, we are very far from leveling the playing field.” [ 1,073 more word ]
https://www.ipwatchdog.com/2020/06/16/ptab-rulemaking-past-present-future/id=122524/

Recently, the USPTO published a Notice of Proposed Rulemaking (NPRM) to change the “Trial Practice at the Patent Trial and Appeal Board,” which is contained in Part 42 of Title 37 of the Code of Federal Regulations. This is the fifth rule change since the PTAB was created and the second of Direc...

“With a majority remote workforce or better, Boards of Directors should demand that corporations move their operations t...
06/15/2020
Tax Implications of a Majority Remote Workforce: Predicting the Post-COVID Economy Part II

“With a majority remote workforce or better, Boards of Directors should demand that corporations move their operations to more tax-friendly jurisdictions. A decision to stay in a high tax jurisdiction when a corporation will have a remote workforce is practically malfeasance.” The COVID-19 pandemic seems to be coming to a slow but steady close in Europe, with no evidence of a spike despite loosening of lockdowns, at least according to outlets like the… [ 894 more words ]
https://www.ipwatchdog.com/2020/06/15/predicting-post-covid-economy-part-ii-tax-implications-majority-remote-workforce/id=122513/

The COVID-19 pandemic seems to be coming to a slow but steady close in Europe, with no evidence of a spike despite loosening of lockdowns, at least according to some outlets. Many corporations have discovered that their workforce can operate just as effectively from home, if not more effectively.

This week in Washington IP events, the Senate Financial Services Subcommittee focuses on Federal Communications Commissi...
06/15/2020
This Week in Washington IP: Licensing Week Virtual, the FCC’s Possible Section 230 Reforms and Pro-Innovator Patent System Reforms

This week in Washington IP events, the Senate Financial Services Subcommittee focuses on Federal Communications Commission spectrum auction oversight while the House Transportation Committee marks up a major transportation bill that would heavily impact research and development in that sector. In the realm of policy institutes, the Information Technology and Innovation Foundation discusses President Trump’s executive order requiring the FCC to clarify Section 230 of the Communications Decency Act, while the Brookings Institution explores workforce training programs in response to AI development as well as addressing racial biases in AI algorithms. [ 1,496 more word ]
https://www.ipwatchdog.com/2020/06/15/week-washington-ip-licensing-week-virtual-fccs-possible-section-230-reforms-pro-innovator-patent-system-reforms/id=122502/

This week in Washington IP events, the Senate Financial Services Subcommittee focuses on Federal Communications Commission spectrum auction oversight while the House Transportation Committee marks up a major transportation bill that would heavily impact research and development in that sector.

“Criminals throughout history have exploited emergencies for illicit gain the fraud associated with the current COVID-19...
06/15/2020
Full Senate Judiciary Committee Addresses COVID-19 Related Fraud

“Criminals throughout history have exploited emergencies for illicit gain the fraud associated with the current COVID-19 pandemic presents a scale and scope of risks we have not seen before.” - Michael D’Ambrosio On June 9, the full Senate Judiciary Committee held a hearing titled “COVID-19 Fraud: Law Enforcement’s Response to Those Exploiting the Pandemic.” The hearing, which was led by Chairman Sen. [ 945 more words ]
https://www.ipwatchdog.com/2020/06/15/full-senate-judiciary-committee-addresses-covid-19-related-fraud/id=122475/

On June 9, the full Senate Judiciary Committee held a hearing titled “COVID-19 Fraud: Law Enforcement’s Response to Those Exploiting the Pandemic.”

“Although China has for some time now shown interest in trade secret reform, this week’s trade secret draft Judicial Int...
06/14/2020
Has China Finally Embraced Robust Trade Secret Protection?

“Although China has for some time now shown interest in trade secret reform, this week’s trade secret draft Judicial Interpretation undoubtedly was motivated in part by recent trade negotiations, including the Phase One Agreement. But this most recent pronouncement seems in some respects to go beyond what was required.” It happened to Japan in the 1950s. Then it happened to Taiwan, and then Korea. [ 1,688 more word ]
https://www.ipwatchdog.com/2020/06/14/china-finally-embraced-robust-trade-secret-protection/id=122471/

Rapidly-developing countries start out relying on copying foreign technologies to drive their economies. But as growth increased and investments in education led the way to domestic innovation, each country found that a framework of strong IP laws was necessary to sustain economic expansion.

“Patent strategies for antibody medicines should include obtaining an antibody sequence-based patent covering the develo...
06/13/2020
Case Study: Recently Granted Epitope-Based Antibody Patents in the United States, Europe and Japan

“Patent strategies for antibody medicines should include obtaining an antibody sequence-based patent covering the developed drug, in addition to an epitope-based patent.” Patents involving antibody medicines (antibody patents) are largely grouped into patents specified by antibody amino acid sequences (antibody sequence-based patents) and those not (non-sequence-based patents). Table 1 shows the features of each group. The titled “epitope-based antibody patents” are included in the “non-sequence-based patents”. [ 1,179 more word ]
https://www.ipwatchdog.com/2020/06/13/case-study-recently-granted-epitope-based-antibody-patents-united-states-europe-japan/id=122432/

Patents involving antibody medicines are largely grouped into patents specified by antibody amino acid sequences (antibody sequence-based patents) and those not (non-sequence-based patents). Here, I investigate a recent trend in antibody patents characterized by an antibody-binding site in an antige...

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Hi! Do you know of any current laws with the USPTO or government protecting a family from getting sued say in the first year they created or launched their product? We were sued when I was patent pending and too, threatened when I was patent pending when there was no patent yet. We didn’t act fast enough as a family of 8 kids and we made our product in our garage by hand (no machines). We literally were just a homeschool family never been sued or had a craft business before. I wish there was a way to protect families from having to defend themselves in patent court (could the President put a law in order?) while we had no other income than selling our product that was first on the Market also. Any thoughts? Who can I write in Washington DC about this? It’s still my passion since we lost our home and our life for several years and haven’t recovered. We had a great idea and business only to be destroyed after only 5 months of success once they got the issued patent they sued in that same month. The USPTO could protect families by setting a limit when and who you can sue. ~ Joanna
I read an article y’all posted about Michael Kroll, I am having some issues with him. I let a friend who used him 20 years ago recommend him, and now in the middle of this pandemic he’s telling me I have to pay more money or the patent will be abandoned. I want to revoke the privileges of the POA of the attorney on file, who clearly isn’t him. This is a nightmare in the middle of a nightmare
Dear all, Will any of the pending patent bills in Congress help inventors? Is there a website comparing the different bills?
To, The Honourable Chief Justice of All Free Online E-Supreme Courts of the world Sub: Request for passing orders to all the Governments to make public full details on how did 356,656 as on 10-4-2020 recover from COVID-19. Such details will help all 7,776,737,220 surviving world population to live in peace relieved from the the ongoing curfew imposed by the Governments. With Kind Regards and for favourable orders Yours Sincerly Jagatheesan Chandrasekharan Such an appeal may be sent by all surviving people to the Free Online E-Supreme Courts. Lock your homes and place a NO ENTRY boardfor COVID-19, Yama dharmaraja, Murderer of democratic institutions(Modi), Bevakoof Jhoothe Psychopaths (BJP) and the chief of RSS(Rowdy/Rakshasa Swayam Sevaks) Facist Hitlers to prevent starvation deaths May all 7.86 Billion surviving world population be ever happy, well and secure! May all live long! May all be calm, quiet, alert, attentive, and have equanimity mind with a clear understanding that everything is changing ! How did 330,589 COVID-19 cases recovered: The world will be happy if the secret as to how and with what vaccineor medicine have they been cured which has to be published.This willsave treatment cost of Rs 7.5 Lakhs in Government and Rs.15 lakhs inPrivate Hospitals. All Supreme Courts must pass orders on this account to put an end to COVID-19.Social Media must highlight this aspect. All Governments and their trusts formed for COVID-19 must and should paythe Hospital charges and provide online food and shelter for migrantworkers by distributing the wealth of the countries equally among alsections of the societies for their welfare, happiness and peace as a choice is between starvation and infection and for them to attain Eternal Bliss as Final Goal.Apart from BCG vaccines which was injected to the people prevented the virus, https://www.dailymail.co.uk/…/COVID-19-Australian-researche… Australian researchers claimed two existing drugs which could ‘cure’ COVID-19 with HIV and anti-malaria drugs as Drugs used to treat HIV and malaria could be used to tackle the COVID-19,according to scientists in Australia convalescent plasma therapy as apromising option to save lives till a vaccine is found. Anti-malarialdrug hydroxychloroquine, which Trump has touted as a treatment optionfor COVID-19 where Modi bowed to President Donald Trump's demands. And certainly not the permanant curfew stealth shadowy hindutva treatment such as drinking cow's urine,Cowdung bath, clapping hands, pushups (thoppu karanam) to god ganesha,angha pradarshanam, and lighting lamps to drive out COVID-19 Free Online NIBBANA TRAINING from KUSHINARA NIBBANA BHUMI PAGODA -PATH TO ATTAIN PEACE and ETERNAL BLISS AS FINAL GOALDO GOOD! PURIFY MIND AND ENVIRONMENT! Even a seven year old can Understand. A seventy year old must practice. Say YES to Paper Ballots NO to EVMs/VVPATs to save Democracy, Liberty, Equality and Fraternity for the welfare, happiness and peace for all Awakened aboriginal societies.is the HONEST VOICE of ALL ABORIGINAL AWAKENED SOCIETIES (HVoAAAS) Dr B.R.Ambedkar thundered “Main Bharat Baudhmay karunga.” (I will make India Buddhist) All Aboriginal Awakened Societies Thunder ” Hum Prapanch Prabuddha Bharatmay karunge.” (We will make world Prabuddha Prapanch)
i have a very old recipe known to be a cure for pneumonia but trying to get patend quick as posible all i can say is you can get all ingridients in a organic supermarket it is simple to make and lets you brweath like a 9 year old for about 3hrs and fumes flem out of the dryest coughing persons since this helps people breath if i any way could get to help anyone with cov-19 any help would be ablessing for millions of people around help help everyone sincery yours aka bad angel thank you sir
THE GOVERNMENT OWNS GOOGLE AND STANFORD !. BUT THEY CHANGED THE WORD PATENT TO PLANT !. "35 USC Ch. 18: PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE" From Title 35—PATENTS PART II—PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS CHAPTER 18—PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE Amendments 2002—Subsec. (a). Pub. L. 107–273 struck out "United States Code," after "section 105 of title 5," and ", United States Code" after "section 102 of title 5". 1986—Subsec. (i). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954". 1984—Subsec. (d). Pub. L. 98–620, §501(1), inserted "or any novel variety of plant which is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.)" after "title"....
How do things look for Netlist and the Itc wanting a review of specific details. Some say they are posturing for lowering the boom on Hynix while some think otherwise. What say you?
If my granddaughter filed an LLC name at the state level in AL, and 1 year later a company from Texas trademarked at the Federal level, a similar name, is she protected or does she have to change her name or pay them to use the name? Also, her page was taken down , which is her business life-line for booking ( college kids), and pictures of her work. She is 21 and has built an amazing business, and is pretty shaken. Can you clarify and advise? Anything would be appreciated. Thank you.
I am writing the physics that proves Newman's generator does produce more on the input. One word.....endothermic
Thanks for the recognition
Here is how we can get enough fuel for our automobiles and to clean our precious oceans. By turning the poisonous algae blooms into fuel for our automobiles. then we have to do some thing about human and animal dung. sis need not be touched. or i will show u magic and lean up this dump.
Can a person patent their own cells, tissue, body? Enough is Enough, PreserveVA would like to know?