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Lexology PRO | Argentina, Asia-Pacific, Australia, etc. | 26 Sep 2023
IP and data protection: top risks and opportunities of AI
Fair use and licensing requirements, authorship and ownership of AI-generated content, and data privacy issues are some of the key opportunities and risks that AI is presenting to IP and data protection.
K&S Partners | India | 2 Aug 2023
Divisional applications must have basis in original claims
In Boehringer Ingelheim International GMBH v The Controller of Patents, the Delhi High Court ruled that a divisional application with new claims based on disclosures in the specification of the parent application cannot be allowed. The Court examined how to ascertain "plurality of invention" and whether a divisional application can be filed for claims when such claims were not a part of the......
K&S Partners | India | 26 Jul 2023
Novartis's divisional application found valid in view of plurality of inventions
In Novartis AG v Controller of Patents and Designs, the Delhi High Court dealt yet again with the validity of divisional applications considering the issue of plurality of distinct inventions. Objections had been filed against certain compounds in Novartis AG's divisional application on the grounds that they lacked unity of invention in the parent application. The Court, however, found that......
Spoor & Fisher | South Africa | 5 Jun 2023
Preparing to enforce patents in South Africa
Significant capital and effort are invested in creating an invention, applying for and obtaining a granted patent, and ensuring that the granted patent is in a valid form that meets all the requirements for patentability. However, protecting an invention does not end there – it is just as important to ensure that the granted patent remains in force and that it can be enforced as soon as any......
Westerberg & Partners Advokatbyrå AB | Sweden | 29 May 2023
Court rules on presumption of patent validity and product's "embodiment" of patent
The Patent and Market Court of Appeal has delivered a clear decision on the presumption of a patent's validity and its scope of protection in relation to unclear and disputed features. The Court confirmed that if there is any uncertainty regarding a product's general availability on the market at the day of application, it cannot be enough to disprove the presumption. The Court also expanded......
Westerberg & Partners Advokatbyrå AB | Sweden | 22 May 2023
Court reinforces presumption of validity in preliminary proceedings
In the case discussed in this article, the Patent and Market Court of Appeal reinforced the presumption of validity that applies when assessing a request for a preliminary injunction. The Court found that the examination of a prior art document made in the course of the examination of a parent application under certain circumstances can be attributed to one of its divisional patents when it......
Lee and Li Attorneys at Law | Taiwan | 15 May 2023
Assessing patent invalidity: publication date of prior art
This article discusses whether citations used in the assessment of whether a patent application sufficiently discloses an invention must have been published and made available to the public prior to the filing or priority date of the patent application. In a recent case, the court held that the support and enablement requirements under the Patent Act were interrelated and, therefore, that......
Pearl Cohen Zedek Latzer Baratz | Israel | 15 May 2023
Israeli patent commissioner says that AI cannot be considered "inventor"
The commissioner of patents in Israel has denied two patent applications submitted by Dr Steven Thaler. The commissioner found that recognising artificial intelligence as a patent inventor, or the registration of a patent for an invention created without any human involvement, is a question of policy best decided by the legislature. Until the legislature enacts different rules, only a human......
McDermott Will & Emery | USA | 4 May 2023
Hanging Patentability on Written Description Cannot Be Truss-ted
The US Court of Appeals for the Federal Circuit upheld a Patent Trial & Appeal Board finding that the claims of a patent for a truss hanger were…
Wanhuida Intellectual Property | China | 1 May 2023
Assessing patent stability before enforcement in China
The amount of patent invalidation applications has quintupled from approximately 1,000 in 2016 to approximately 5,000 in 2021. Patentees are strongly recommended to assess a patent's stability in advance if they intend to enforce it in China, since this will most likely trigger an invalidation action against it. This article explains how patentees can formulate a tailored strategy based on......
