In the US especially, patents are granted to inventors. More often than not, that’s more than one person and the ideas themselves are fluid concepts that often evolve through many handoffs from initial conception through implementation and sometimes even throughout patent prosecution, but how do we determine who all should – and is legally required to be – named as an inventor?
In the constitutionally expressed interest of protecting inventors and the conception of their ideas, failure to include the right people can be a death sentence for a patent and grounds for invalidity.
Daniel Wright, Partnership Manager and Patent Strategist here at Aurora, leads a deep dive into the origins of inventorship, breaks down who is and isn’t eligible for inclusion as an inventor, and explains how improper inventorship could result in revoked patent rights.
Podcast: https://patentlystrategic.buzzsprout.com/1734511/9603758-inventorship-who-should-be-listed-as-an-inventor-for-a-patent
Blog post: https://www.aurorapatents.com/blog/new-podcast-inventorship
A look at copyright and the influence of technology in that right. Presentation looks at how copyright is administered in the Caribbean island of St. Vincent and the Grenadines.
Patents and Biotechnology- A Presentation by Dr. Kalyan Kankanala - BananaIPBananaIP Counsels
Patents and Biotechnology- A Presentation by Dr. Kalyan Kankanala - BananaIP
BananaIP Counsels, formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their Intellectual Property (IP)/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BananaIP carries forward the firm’s core values – Merger of Technology,Management and Law, Swift Adaptation to changes in competitive environment, and business driven approach to Intellectual Property (IP)/Patent Services.
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
A look at copyright and the influence of technology in that right. Presentation looks at how copyright is administered in the Caribbean island of St. Vincent and the Grenadines.
Patents and Biotechnology- A Presentation by Dr. Kalyan Kankanala - BananaIPBananaIP Counsels
Patents and Biotechnology- A Presentation by Dr. Kalyan Kankanala - BananaIP
BananaIP Counsels, formerly Brain League IP Services, founded in 2004 at the Indian Institute of Management (IIM) Bangalore’s incubation center (NSRCEL), is recognized as an IP/Patent trailblazer in India. The firm’s mission is to help clients maximize business value from their Intellectual Property (IP)/Patents, and gain competitive advantage in the market place. In its evolution from Brain League, BananaIP carries forward the firm’s core values – Merger of Technology,Management and Law, Swift Adaptation to changes in competitive environment, and business driven approach to Intellectual Property (IP)/Patent Services.
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
Introduction to Patents and IP CommercializationHasit Seth
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
Introduction to Patents and IP Commercialization. These are slides from a talk I gave at Venture Center NCL (National Chemical Laboratory) in Pune, India to a audience of scientists involved in nanotechnology.
It is focused to provide basic knowledge on prior art search for new intellectuals in the field of IPR. It includes Basic knowledge of Prior art, File wrapper analysis, not list preparation, and one of the important law of Prior Art.
An overview of the basics of US copyright law for entrepreneurs, business people, and creative professionals. "What Is a Copyright?" includes the following:
A brief definition of copyright.
Definitions of the other forms of intellectual property (trademark, patent, and trade secrets).
How copyrights are acquired.
What rights go along with a copyright.
Copyright registration.
For more information, please go to LizerbramLaw.com
Copyright registration process: There are few easy steps which will help you for the registration of copyright. Follow this steps for whole procedure for registration of copyright.
This presentation addresses the why, what, and how to protect inventions from the vantage point of the early-stage, pre-financing, start-up company that is interested in patenting its inventions and developing an intellectual property portfolio that maximizes the company's valuation and sets it up for success during the intellectual property due diligence that accompanies financing rounds, corporate partnerships, commercialization, and merger and acquisition.
Introduction to Patents and IP CommercializationHasit Seth
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
Introduction to Patents and IP Commercialization. These are slides from a talk I gave at Venture Center NCL (National Chemical Laboratory) in Pune, India to a audience of scientists involved in nanotechnology.
It is focused to provide basic knowledge on prior art search for new intellectuals in the field of IPR. It includes Basic knowledge of Prior art, File wrapper analysis, not list preparation, and one of the important law of Prior Art.
An overview of the basics of US copyright law for entrepreneurs, business people, and creative professionals. "What Is a Copyright?" includes the following:
A brief definition of copyright.
Definitions of the other forms of intellectual property (trademark, patent, and trade secrets).
How copyrights are acquired.
What rights go along with a copyright.
Copyright registration.
For more information, please go to LizerbramLaw.com
Copyright registration process: There are few easy steps which will help you for the registration of copyright. Follow this steps for whole procedure for registration of copyright.
This presentation addresses the why, what, and how to protect inventions from the vantage point of the early-stage, pre-financing, start-up company that is interested in patenting its inventions and developing an intellectual property portfolio that maximizes the company's valuation and sets it up for success during the intellectual property due diligence that accompanies financing rounds, corporate partnerships, commercialization, and merger and acquisition.
Secret sales- Now a Bar to Obtaining a US Patent.Kevin E. Flynn
For about 8 years, there has been a belief that it was safe for a company to sell an item or offer to sell an item without first filing a patent application as long as the sale or offer for sale was under a non-disclosure agreement so the sale would be secret and not public. This month, the United States Supreme Court in a unanimous decision said NO in Helsinn Healthcare S. A. v. Teva Pharmaceuticals USA, Inc.,
Patent Law in 2014: Act fast or get left behindsteve_ritchey
A presentation on patent law fundamentals, the changes caused resulting from the America Invents Act, other topical patent law issues such as new developments on patentable subject matter, appellate review of claim constructions, and best practices
Secret sales- Now a Bar to Obtaining a US Patent.Kevin E. Flynn
For about 8 years, there has been a belief that it was safe for a company to sell an item or offer to sell an item without first filing a patent application as long as the sale or offer for sale was under a non-disclosure agreement so the sale would be secret and not public. This month, the United States Supreme Court in a unanimous decision said NO in Helsinn Healthcare S. A. v. Teva Pharmaceuticals USA, Inc.,
The first module of my 5 part course on English patent law. This module defines a patent as a monopoly of an invention. it explains the difference between a monopoly and a right to prevent a particular act such as copying. It introduces readers to specifications and claims. It lays the foundation for the rest of the course.
The course covers the following topics:
* General Intro to IP Rights
* Patenting Timeline and Costs
* The Patent Description
* Approaches to Claim Drafting
Part of the MaRS Best Practices Event Series. For more information, please visit: http://www.marsdd.com/Events/Event-Calendar/Best-Practices-Series/patents-05072009.html
Demystifying the concept of Common Ownership and how it can be leveraged to disqualify prior art that might otherwise cause a rejection during prosecution.
Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora leads this discussion, digging into Common Ownership exceptions, joint research exceptions, and terminal disclaimer practice.
Podcast: https://patentlystrategic.buzzsprout.com/1734511/10647883-common-ownership-whose-prior-art-is-it-anyway
Blog post: https://www.aurorapatents.com/blog/new-podcast-common-ownership
CAFC Chronicles: Costly Tales of Claim Construction FailsAurora Consulting
The difference between getting claim construction right and getting it wrong is the difference between a valid patent and an invalid patent – and the difference between millions of dollars awarded from infringement decisions vs. ending up with a worthless piece of paper.
In this month’s episode, Dr. David Jackrel, President of Jackrel Consulting, leads a discussion into three real-world applications for patent claim construction, as tested and decided upon by the United States Court of Appeals for the Federal Circuit. This is the highest court in the land under the Supreme Court for handling intellectual property disputes – and establishes much of the legal precedent the patent world has to go on … for better and for worse. The panel dissects the claims for each case, discusses the court’s analysis, and provides tips and strategies for more effective claim drafting in light of the strengths and weaknesses of the litigated patents.
Dave is joined today by our always exceptional group, including:
⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora
⦿ Kristen Hansen, Patent Strategy Specialist at Aurora
⦿ Ty Davis, Patent Strategy Associate at Aurora
Listen here: https://patentlystrategic.buzzsprout.com/1734511/14991984-cafc-chronicles-costly-tales-of-claim-construction-fails
We’re talking about AI and its impact on the patent system.
This month's episode evaluates where we presently are and considers where it could all be heading. Dr. David Jackrel, President of Jackrel consulting and Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora, lead a two-part discussion with our all-star panel that begins with a deep dive on the present state of AI patent tools for searching, proofreading, drafting, and prosecution – and then moves on to an exploration of how these tools could eventually provide solutions for many problems plaguing the industry including PTAB invalidation rates, hindsight bias, prior art search quality, and the unsustainable bar. Discussion highlights include:
⦿ ChatGPT 4.0 vs. professionals on core competencies
⦿ Why AI is evolving so rapidly
⦿ AI problems and hallucinations
⦿ AI and public disclosure risk
⦿ AI implications for inventorship
⦿ Current state of AI-assisted patent searching, proofreading, drafting (rule and LLM-based), and prosecution tools
⦿ AI's potential future role in the patent system for fixing issues with the PTAB, search quality, and the unsustainable bar
Episode: https://www.buzzsprout.com/1734511/14678900
Claim Construction: Building Strong Patent FoundationsAurora Consulting
Claim construction is a process in which courts attempt to interpret the meaning and scope of the claims of a patent. It’s sort of like reverse engineering – or maybe more accurately reconstructing – what an inventor and their practitioner meant back when they drafted the patent application. While your patent might not be tested in a court for many years, understanding the sometimes surprising language specifics and context traps while drafting now can help set you up for success later when defending your patent or attempting to stop an infringer. The words you choose now and the support you provide when drafting are your opportunity to help derisk the process of courts and juries later interpreting what you meant. And oftentimes, claim construction can be the KEY FACTOR in resolving disputes even before litigation, with the facts that come out of claim construction deciding the monetary value and payouts in settlements.
In breaking this all down, Kristen and the panel discuss:
* The evolution of claim terms
* Claim construction basics and a historical look at what are called Markman hearings
* Intrinsic evidence vs. extrinsic evidence
* Claim construction in prosecution vs. litigation
The global video game market topped $182 billion in 2022 and is projected to exceed $300 billion by 2026. To put those numbers into perspective, this makes gaming bigger than the film and music industries combined – and dwarfs the combined revenue of the NFL, NBA, MLB and NHL! Worldwide boardgame sales, while significantly less, still account for over $2 billion. That’s a whole lotta IP in need of protection, so in this month’s episode, we’re talking games. From patenting classic boardgames like Monopoly and Battleship back in the 1930s to challenges with protecting modern innovations in areas like game development and VR, our experts are breaking down everything you need to know about patenting games so you don’t end up just rolling the dice when investing in protections for your entertaining innovations.
Episode Overview: From Pieces to Pixels
As a bonus, in this month’s episode, we’re bringing you two dealers: Dr. David Jackrel, President of Jackrel Consulting, will be covering the physical realm of board games and toys. Kristen Hansen, Patent Strategist and software guru here at Aurora, will be covering all things computer and video games in the second half. David, Kristen, and the panel discuss:
⦿ Types of IP protection for games including options for patents, trademarks, and copyrights
⦿ Subject matter eligibility concerns for game patents
⦿ Claim analysis examples
⦿ Patentable aspects of video games
⦿ The hierarchy of video game elements
Podcast: https://www.buzzsprout.com/1734511/14028086
In this month's podcast episode, we’re talking about claims – the fundamental building blocks of a patent. There simply is not a more important concept to grasp in all of patenting. As a former chief justice of the Federal Circuit once famously said, “The name of the game is the claim.” And in terms of what game you’re playing, the claims are where you separate the patents playing checkers from the patents playing chess.
This is where your patent practitioner earns their money and as you’ll learn today, also where the mostly costly mistakes can be born. As David Cohen, a Patently Strategic regular, has said in the past, "Ninety percent of the mental exercise in drafting patents is in the strategy of looking around corners, anticipating the future, and trying to capture as many would-be infringers as possible.” How your claims are crafted is literally the difference between a patent being an intellectual asset and a worthless stack of paper.
In this month’s episode, Ty Davis, Patent Strategy Associate here at Aurora, leads a discussion, along with our all star patent panel, delving deeply into:
⦿ Claim fundamentals
⦿ Claim drafting strategies
⦿ How to think about claims in the context of infringement
⦿ And in the game of patenting, how to move like a queen, so you’re not treated like a pawn.
Ty is joined by our always exceptional group of IP experts, including:
⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora
⦿ Kristen Hansen, Patent Strategist at Aurora
⦿ Dr. David Jackrel, President of Jackrel Consulting
⦿ Marie Smyth, Patent Agent, formerly with Greenberg Traurig and Meta
⦿ Porter Thames, J.D. and Patent Agent at SMU Science and Technology Law Review
** Mossoff Minute **
This month's Mossoff Minute, featuring Professor Adam Mossoff, looks at the poorly named Advancing America's Interests Act and its potential impact on the ITC being able to block import of products that infringe on American patents.
Podcast: https://patentlystrategic.buzzsprout.com/1734511/13729977-patent-claims-the-name-of-the-game
Life science patents have grown increasingly vulnerable to rejection and invalidation due to subject matter eligibility and enablement interpretations. The implications are staggering with over 80% of abandoned life science applications having a final rejection stating that the innovation did not include patentable subject matter. In this talk, we’ll explore how to avoid these rejections, understand the implications for new drugs, and provide practical tips for creating robust life science patents.
In this month's episode, we’re talking about the use of government grants and the strings that can come attached to your IP! We’re exploring the various types of small business research grants, how the Bayh-Dole Act regulates inventions generated under government grants, licensing and ownership implications for your patent when using federal dollars, and the sticky webs that you may find yourself in if you are not carefully tracking IP and adhering to the numerous provisions and timelines.
Dr. Ashley Sloat, President and Director of Patent Strategy here at Aurora, leads the discussion along with our all-star patent panel, exploring:
⦿ How the Bye-Dole Act of 1980 regulates inventions under government grants
⦿ As a small business, what types of grants are available to you and whether or not they can cover IP-related costs
⦿ The rights of the federal government to your Invention when you use grant money
⦿ Implications for using subcontractors to perform the work under the grant
⦿ And of course, some of the biggest gotcha’s and practical tips for avoiding them
Ashley is also joined today by our always exceptional group of IP experts including:
⦿ Kristen Hansen, Patent Strategy Specialist at Aurora
⦿ Dr. David Jackrel, President of Jackrel Consulting
⦿ Ty Davis, Patent Strategy Associate at Aurora
** Mossoff Minute **
This month's Mossoff Minute, featuring Professor Adam Mossoff, looks at the introduction of a very important piece of patent reform legislation called the PREVAIL Act.
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Open Source and Patent Rights: Collaboration with ConsequencesAurora Consulting
How does the use of or contribution to open-source software impact your intellectual property rights?
In this month's episode, we’re talking about software and the convoluted risk/reward interplay between patents, copyrights, and open source. Use of free open-source code can be an invaluable tool when building complex software applications. Why reinvent wheels? And depending on resources and budget, sometimes it’s the only practical way. But like with most things, free often isn’t really free. The cost is just transferred somewhere else. When it comes to open source, these short term savings can have significant long term consequences for your intellectual property rights.
⦿ Can you mix open source with commercial software and still keep your code private?
⦿ Can you patent your own software that uses open-source software? If so, could you ever actually assert those rights?
⦿ Can you patent open-source software you author and why would you?
We'll discuss answers to these questions and more. Kristen Hansen, Patent Strategist and software patent guru here at Aurora, leads a discussion along with our all star patent panel, exploring:
⦿ The fundamentals of open-source licensing and how certain viral license types can require you to publicly make available your company’s source code.
⦿ How copyrights, patents, and open-source licenses differ in terms of software protection strategies.
⦿ And whether or not – and why you might – patent open-source software and the often proprietary code that leverages it, as well as the associated patent right assertion risks that can come with doing so.
We look at concerns through the eyes of both users and authors of open source. And pragmatically as we can, highlight how it’s possible to construct a strategy where open-source innovation is encouraged without forgoing all future earning power and without blocking others from using it.
Kristen has worked both as a Software Engineer and a Software Patent Agent for the last two decades. She has worked closely with software inventors from Big Tech Valley giants looking to utilize open-source software, while still maintaining their assertable patent portfolios. We couldn’t think of a better person to lead this conversation! Kristen is also joined today by our always exceptional group of IP experts including:
⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora
⦿ Dr. David Jackrel, President of Jackrel Consulting
⦿ Ty Davis, Patent Strategy Associate at Aurora
Listen to the podcast:
Learn more: https://www.aurorapatents.com/blog/open-source-and-patent-rights
We’re leading off Season 3 with a close look at a Supreme Court patent case that could have profound impacts on the invention enablement problems we covered heavily in Season 2. SCOTUS is set to hear opening arguments in Amgen v Sanofi on March 27th. For the first time in over 75 years, the Supreme Court is evaluating the meaning and scope of the enablement requirement. For those who’ve been following along, you’ll know that this has become one of the bigger issues plaguing patenting and especially so in the life sciences.
Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora, leads our discussion today along with our all star patent panel, exploring the scientific background around antibodies necessary to understand the claims, a brief case history of Amgen v Sanofi, an overview of the enablement factors and tests that have been historically applied in courts and how they might apply to this case, and a discussion around open questions and the potential unintended consequences of the Supreme Court only taking up one-half of the two-sided enablement coin. This ends up being a really great, spirited conversation with panel members coming down strongly on both sides of the case with very compelling arguments – really highlighting the complexities and fundamental issues the court will have to face.
Ashley is joined today by our always exceptional group of IP experts including:
⦿ David Cohen, Principal at Cohen Sciences
⦿ Kristen Hansen, Patent Strategist at Aurora
⦿ David Jackrel, President of Jackrel Consulting
⦿ Ty Davis, Patent Strategy Associate at Aurora
Foreign filing licenses – surprisingly sneaky and easy to overlook, but can come with significant consequences if you do. Many countries, including the US, require inventors to receive special permission to file with patent offices outside of the inventor’s …or invention’s… country. A foreign filing license is a government issued document that represents this permission for inventors and companies to file in foreign countries. Failing to receive this permission can come with serious ramifications including fines, patent revocation, and even imprisonment!
Why so serious? Well, like with most matters of foreign export compliance, it comes down to each nation’s strong desire to protect its own security and economic interests. Allowing ideas to cross borders comes with the risk of the unauthorized exportation of technologies and sensitive information that could have implications for military applications, national security, and state secrets.
In this month’s episode, we're bringing you along for a tale of international mystery and intrigue and into the clandestine world of foreign filing licenses. Ty Davis, Patent Strategy Associate at Aurora, along with our all star patent panel, discusses:
⦿ The three main categories of filing license requirements
⦿ Strategies for data collection and how to navigate potential conflicts
⦿ And some example walkthroughs of international filing conflicts and their resolutions
Ty is joined by our always exceptional group of IP experts, including:
⦿ Ashley Sloat, President and Director of Patent Strategy at Aurora
⦿ Kristen Hansen, Patent Strategist at Aurora
⦿ David Jackrel, President of Jackrel Consulting
https://www.aurorapatents.com/patently-strategic-podcast.html
If there was a guidebook we could hand to inventors on the first day following the conception of their idea, this episode would be it.
When is it safe to talk about or sell your invention? How do you hedge against invalidation and rejection from competitor IP? How do you ensure you actually own your invention?
In this month’s episode, Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora, leads a discussion along with our all star patent panel, exploring the most common patenting missteps taken by inventors and startups. The focus largely centers around three key areas:
1) Publicly disclosing your invention before you have filed a patent application.
2) Not searching to see if your invention or something similar already exists commercially or in publicly available resources.
3) Not carefully contracting with outside vendors and employees to make sure you own your invention.
The group highlights best practices for not making the mistakes in the first place and explores available remedial options should you already be in need of a rescue line.
Ashley is also joined today by our always exceptional group of IP experts including:
⦿ Kristen Hansen, Patent Strategist at Aurora
⦿ Ty Davis, Patent Strategy Associate at Aurora
⦿ David Jackrel, President of Jackrel Consulting
Think your innovation is sufficiently enabled to secure, defend, and assert your patent rights? If it’s a biological, chemical, or emerging technology invention then you might want to think again. In today’s episode we’re looking into how to get more predictable results from the unpredictable arts.
Some technologies, like those rooted in physics and mechanics, are considered “predictable” by the US Patent Office, while others, like biological and chemical technologies, are generally considered “unpredictable.” It follows that the amount of disclosure required to enable an invention is related to the predictability of the technology, and so-called unpredictable arts require more description to teach a reader how to “make and use” the technology. Similarly, emerging technologies, being less well known, also require more disclosure to be fully enabled.
In this month’s episode, David Jackrel, President of Jackrel Consulting, leads a discussion along with our all star patent panel, exploring enablement for the unpredictable arts and emerging technologies. The panel discusses peculiarities of patenting unpredictable art and emerging technologies, with a focus on modern case law and statutes to arrive at a set of best practices for getting more predictable results when patenting these technologies.
Dave is also joined today by our always exceptional group of IP experts including:
⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora
⦿ Kristen Hansen, Patent Strategist at Aurora
⦿ Shelley Couturier, Patent Strategist and Search Specialist
Before joining the group, as we often do, we’d like to provide a short primer on some key concepts in this episode for those newer to the world of patenting. This primer covers:
⦿ Section 112
⦿ What is the MPEP?
⦿ Specification vs. Claims
⦿ Genus vs. Species Claims
⦿ Markush Groups
Into the Patentverse Vol. 2: AR, VR, and Virtual InfringementAurora Consulting
We’re slipping our headsets on and heading back into the metaverse! Earlier this year, we began our foray into this world with a deep dive into the building blocks that could very well form the structural and economic underpinnings of the metaverse by exploring the tech concepts and IP implications surrounding Web 3.0, blockchain, cryptocurrency, and NFTs. Today we build on this, by expanding our conversation into the most likely interfaces for the metaverse, as well as how patentability and infringement could play out as we meld innovations between the physical and digitals realms.
In this month’s episode, Kristen Hansen, Patent Strategist and software patent guru here at Aurora, leads a discussion along with our all star patent panel, exploring questions including:
⦿ What is the metaverse?
⦿ How do virtual and augmented realities fit in?
⦿ And what does infringement look like in the metaverse or what might it look like in the future?
Along the way, the group also shares some great tips for drafting claims around the virtual world to get around physical world prior art, as well as some pointers for avoiding split infringement for processes that are performed in a distributed manner – as will almost always be the case with metaverse-based innovations.
Kristen worked on VR and AR patents for nearly a decade, including those held by some of the Valley giants looking to define the space. We honestly couldn’t think of a better person to lead this conversation. Kristen is also joined today by our always exceptional group of IP experts including:
⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora
⦿ David Jackrel, President of Jackrel Consulting
⦿ Ty Davis, Patent Strategy Associate
⦿ Dr. Sophia Li, Patent Strategy Fellow
Word choice matters a great deal in the world of patenting. You’re using the English language to draw a picture around highly technical concepts. The precision with which this is done, down to the semantic level, can make all of the difference when it comes to your patent application being rejected or granted – and the future likelihood of your ability to assert your rights or defend against invalidation. Word choice too narrow or overly specific – and you can easily be designed around by competitors. Word choice too broad and only describing what something is vs what it does and you risk rejection or invalidation for what will be ruled as linguistic tricks to get more coverage than what you actually invented. The tension is real and the case law interpretation is fluid, but it all still comes down to determining if the chosen words will enable a person of ordinary skill in the art to carry out an invention – in the interest of other inventors being able to build on the idea, while also avoiding trespassing with infringement.
One very particular place this tension between breadth of coverage and specificity in enablement arises is with the concept of Means-Plus-Function claim language. In this month’s episode, Dr. Ashley Sloat, President and Director of Patent Strategy here at Aurora, leads a discussion, along with our all star patent panel, into the nuanced world of Means-Plus-Function claiming. The group digs into the statute, explores relevant case law in an analysis of the kinds of word choices that have and haven’t caused problems for inventors, and also provides some great drafting tips for de-risking the use of Means-Plus-Function claim language.
Ashley is joined today by our always exceptional group of IP experts including:
⦿ Kristen Hansen, Patent Strategist at Aurora
⦿ Dr. David Jackrel, President of Jackrel Consulting
⦿ David Cohen, Principal at Cohen Sciences
⦿ Shelley Couturier, Patent Strategist and Search Specialist
Before jumping into the deep with the panel, we also provide a quick primer on key concepts including specification vs claims, Section 112 enablement, functional claim language, and nonce words.
In this month's episode of the Patently Strategic Podcast, we’re discussing a recent court decision that judges have said could threaten "most every invention for which a patent has ever been granted", turning the patent system into a "litigation gamble."
Dr. David Jackrel, President of Jackrel Consulting, leads a discussion into American Axle’s recent bid to have the Supreme Court overturn a lower court decision that invalidated the company’s patent in a closely followed legal battle with rival Neapco Holdings. This case offered a much anticipated opportunity to more broadly clarify patent eligibility in a time where many believe that court precedent has undermined the U.S. patent process and, in the words of retired U.S. Court of Appeals Chief Judge Paul Michel, “confused and distorted the law of eligibility”, making it an “illogical, unpredictable, chaotic” mess. Critics of these rulings and the resulting present state of IP law claim that the confusion and inconsistency has led to courts canceling many patents that should be protected. The Solicitor General has stated that problems arising from the application of Section 101 have “made it difficult for inventors, businesses, and other patent stakeholders to reliably and predictably determine what subject matter is patent eligible”.
Despite cries for help and urges to provide clarification from multiple presidential administrations, the Solicitor General, members of Congress, the Federal Circuit Court, IP bar associations, and the Patent Office, the Supreme Court refused to hear this case, leaving many inventors and industries in limbo since as a USPTO spokesperson said after the ruling, innovation "cannot thrive in uncertainty."
David and our all star patent panel discuss the case law, its implications, how present statute is being conflated and taking section 101 well beyond its gatekeeping function, and in their analysis of the American Axle patent, provide some great tips that may have changed American Axle’s present fate – and can hopefully improve your odds of success if approached intentionally at the drafting stage.
Blog: https://www.aurorapatents.com/blog/american-axle-ip-uncertainty-for-the-innovation-economy
Podcast: https://patentlystrategic.buzzsprout.com/1734511/11226664-from-alice-to-axle-ip-uncertainty-for-the-innovation-economy
Prenuptial Patenting: Responsible Engagement with Engineering FirmsAurora Consulting
You have your big idea and now it’s time to breathe it into existence, but you need some help with the development. Like many others, you may turn to the aid of an engineering firm or dev shop. This relationship is a marriage of sorts. But it’s a marriage that is designed to inevitably end in divorce. How cleanly, smoothly, and successfully this separation goes depends on the steps that you take before it officially begins.
Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora, leads a discussion into Responsible Engagement with Engineering Firms, or what we affectionately refer to here as “Prenuptial Patenting”. Ashley and our all star patent panel walk you down the aisle and explore everything you need to know to experience marital bliss and an amicable divorce with your engineering partners. This talk covers the full life cycle from vetting partners to post development concerns and everything in between – with particular focus on relationship complexities like IP ownership, assignment from engineering firm inventors back to you, and how to avoid the traps of viral IP.
Blog post: https://www.aurorapatents.com/blog/prenuptial-patenting
Podcast Episode: https://patentlystrategic.buzzsprout.com
Fortifying Life Science Patents: Eligibility and EnablementAurora Consulting
The life sciences are currently facing at least two major plagues in our patent world. The first is that many life science innovations have been deemed ineligible in terms of patentable subject matter. In other words, the courts and the patent office believe that the patent laws are not meant to protect these innovations. The second plague is that the courts believe that many life sciences patents are not enabled. In other words, they are not described in sufficient detail to enable one of skill in the art to make and use the invention.
These subject matter eligibility and enablement plagues manifest in dreaded Section 101 and 112 rejections. In this month’s episode, Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora, leads a discussion, along with our all star patent panel, delving deeply into these rejections and, in the interest of avoiding a podcast 101 rejection, provides some very practical application tips that will help to fortify your life science patent applications.
Blog post: https://www.aurorapatents.com/blog/fortifying-life-science-patents
Podcast Episode: https://patentlystrategic.buzzsprout.com
Web 3 and IP: Cryptocurrencies, Blockchain, and NFTsAurora Consulting
“Metaverse” is the buzziest of the buzzwords in tech and will soon be joining the ranks of “AI” and “ML” as requisite keywords in the next generation of pitch decks and patent applications. But what are the core components of the Metaverse? And what are their implications in the world of intellectual property? The Patently Strategic Podcast will be exploring this topic over the course of several upcoming episodes.
** Web 3.0: Metaverse Building Block **
We begin our exploration with Web 3.0. While it may prove to be the next great tech revolution, the broad shape and definition of the Metaverse is still more firmly baked in science fiction than in commercial tech reality. Many of its core building blocks, however, are likely right in front of our eyes (or headsets, perhaps). History shows that most major technology revolutions are rarely leaps, but instead evolutionary products of incremental steps, composed of many existing building blocks, met with market readiness. The Web 3.0 innovations of blockchain, cryptocurrency, and NFTs that are taking shape in front of us will no doubt be among these essential building blocks. With an ability to touch both our physical and virtual worlds, cryptocurrencies could form the monetary basis for all economic activity in the Metaverse. NFTs make it possible for unique items to exist and assets to be exclusively owned in the digital realm. The very foundations and infrastructure for the Metaverse and its virtual worlds could be built on blockchain.
Perhaps the Metaverse is simply how we experience the third major phase of the web – or maybe in its purest, most decentralized form, the Metaverse is built entirely on top of it. In any case, it's hard to imagine a future where the two are not inextricably linked.
** IP Implications **
This third phase of the internet also poses some of the most interesting questions for the world of IP. What will the impact be on digital property rights in a secure marketplace, governed by smart contracts? How will copyrights play in digital worlds with their own art and governance? Is there merit in considering a new type of protection category outside of patents and copyrights?
** Episode Overview **
In our inaugural IPWatchdog episode, Kristen Hansen, Patent Strategist and software patent guru, leads a discussion along with our all star patent panel, digging into:
* The fundamentals of blockchain, cryptocurrencies, and NFTs – and why the hype
* The state of the technology
* Questions around what web evolution, blockchain, and NFT technology means for IP ownership
Strategies for protecting blockchain and cryptocurrency innovations
Podcast Link: https://patentlystrategic.buzzsprout.com/1734511/10694308-into-the-patentverse-web-3-0-blockchain-cryptocurrency-and-nfts
Blog post: https://www.aurorapatents.com/blog/new-podcast-into-the-patentverse-vol-1
Decrypting Software Patents: Key Insights for IP SuccessAurora Consulting
Software is eating the world. It’s central to so much of today’s innovation, but in terms of patenting, it’s socially controversial and legally unsettled. We’ll discuss the dynamics at the core of both and what you need to know about the options for protecting your software-based innovation. We’ll take an international look at how the "world" views AI/ML innovations and also hit on particulars for SaaS and open source software considerations. From an implementation perspective, we’ll look at managing code ownership when outsourcing and how iterative agile methodology can impact your patent strategy.
DevOps and Testing slides at DASA ConnectKari Kakkonen
My and Rik Marselis slides at 30.5.2024 DASA Connect conference. We discuss about what is testing, then what is agile testing and finally what is Testing in DevOps. Finally we had lovely workshop with the participants trying to find out different ways to think about quality and testing in different parts of the DevOps infinity loop.
JMeter webinar - integration with InfluxDB and GrafanaRTTS
Watch this recorded webinar about real-time monitoring of application performance. See how to integrate Apache JMeter, the open-source leader in performance testing, with InfluxDB, the open-source time-series database, and Grafana, the open-source analytics and visualization application.
In this webinar, we will review the benefits of leveraging InfluxDB and Grafana when executing load tests and demonstrate how these tools are used to visualize performance metrics.
Length: 30 minutes
Session Overview
-------------------------------------------
During this webinar, we will cover the following topics while demonstrating the integrations of JMeter, InfluxDB and Grafana:
- What out-of-the-box solutions are available for real-time monitoring JMeter tests?
- What are the benefits of integrating InfluxDB and Grafana into the load testing stack?
- Which features are provided by Grafana?
- Demonstration of InfluxDB and Grafana using a practice web application
To view the webinar recording, go to:
https://www.rttsweb.com/jmeter-integration-webinar
GraphRAG is All You need? LLM & Knowledge GraphGuy Korland
Guy Korland, CEO and Co-founder of FalkorDB, will review two articles on the integration of language models with knowledge graphs.
1. Unifying Large Language Models and Knowledge Graphs: A Roadmap.
https://arxiv.org/abs/2306.08302
2. Microsoft Research's GraphRAG paper and a review paper on various uses of knowledge graphs:
https://www.microsoft.com/en-us/research/blog/graphrag-unlocking-llm-discovery-on-narrative-private-data/
Connector Corner: Automate dynamic content and events by pushing a buttonDianaGray10
Here is something new! In our next Connector Corner webinar, we will demonstrate how you can use a single workflow to:
Create a campaign using Mailchimp with merge tags/fields
Send an interactive Slack channel message (using buttons)
Have the message received by managers and peers along with a test email for review
But there’s more:
In a second workflow supporting the same use case, you’ll see:
Your campaign sent to target colleagues for approval
If the “Approve” button is clicked, a Jira/Zendesk ticket is created for the marketing design team
But—if the “Reject” button is pushed, colleagues will be alerted via Slack message
Join us to learn more about this new, human-in-the-loop capability, brought to you by Integration Service connectors.
And...
Speakers:
Akshay Agnihotri, Product Manager
Charlie Greenberg, Host
Generating a custom Ruby SDK for your web service or Rails API using Smithyg2nightmarescribd
Have you ever wanted a Ruby client API to communicate with your web service? Smithy is a protocol-agnostic language for defining services and SDKs. Smithy Ruby is an implementation of Smithy that generates a Ruby SDK using a Smithy model. In this talk, we will explore Smithy and Smithy Ruby to learn how to generate custom feature-rich SDKs that can communicate with any web service, such as a Rails JSON API.
Elevating Tactical DDD Patterns Through Object CalisthenicsDorra BARTAGUIZ
After immersing yourself in the blue book and its red counterpart, attending DDD-focused conferences, and applying tactical patterns, you're left with a crucial question: How do I ensure my design is effective? Tactical patterns within Domain-Driven Design (DDD) serve as guiding principles for creating clear and manageable domain models. However, achieving success with these patterns requires additional guidance. Interestingly, we've observed that a set of constraints initially designed for training purposes remarkably aligns with effective pattern implementation, offering a more ‘mechanical’ approach. Let's explore together how Object Calisthenics can elevate the design of your tactical DDD patterns, offering concrete help for those venturing into DDD for the first time!
State of ICS and IoT Cyber Threat Landscape Report 2024 previewPrayukth K V
The IoT and OT threat landscape report has been prepared by the Threat Research Team at Sectrio using data from Sectrio, cyber threat intelligence farming facilities spread across over 85 cities around the world. In addition, Sectrio also runs AI-based advanced threat and payload engagement facilities that serve as sinks to attract and engage sophisticated threat actors, and newer malware including new variants and latent threats that are at an earlier stage of development.
The latest edition of the OT/ICS and IoT security Threat Landscape Report 2024 also covers:
State of global ICS asset and network exposure
Sectoral targets and attacks as well as the cost of ransom
Global APT activity, AI usage, actor and tactic profiles, and implications
Rise in volumes of AI-powered cyberattacks
Major cyber events in 2024
Malware and malicious payload trends
Cyberattack types and targets
Vulnerability exploit attempts on CVEs
Attacks on counties – USA
Expansion of bot farms – how, where, and why
In-depth analysis of the cyber threat landscape across North America, South America, Europe, APAC, and the Middle East
Why are attacks on smart factories rising?
Cyber risk predictions
Axis of attacks – Europe
Systemic attacks in the Middle East
Download the full report from here:
https://sectrio.com/resources/ot-threat-landscape-reports/sectrio-releases-ot-ics-and-iot-security-threat-landscape-report-2024/
Essentials of Automations: Optimizing FME Workflows with ParametersSafe Software
Are you looking to streamline your workflows and boost your projects’ efficiency? Do you find yourself searching for ways to add flexibility and control over your FME workflows? If so, you’re in the right place.
Join us for an insightful dive into the world of FME parameters, a critical element in optimizing workflow efficiency. This webinar marks the beginning of our three-part “Essentials of Automation” series. This first webinar is designed to equip you with the knowledge and skills to utilize parameters effectively: enhancing the flexibility, maintainability, and user control of your FME projects.
Here’s what you’ll gain:
- Essentials of FME Parameters: Understand the pivotal role of parameters, including Reader/Writer, Transformer, User, and FME Flow categories. Discover how they are the key to unlocking automation and optimization within your workflows.
- Practical Applications in FME Form: Delve into key user parameter types including choice, connections, and file URLs. Allow users to control how a workflow runs, making your workflows more reusable. Learn to import values and deliver the best user experience for your workflows while enhancing accuracy.
- Optimization Strategies in FME Flow: Explore the creation and strategic deployment of parameters in FME Flow, including the use of deployment and geometry parameters, to maximize workflow efficiency.
- Pro Tips for Success: Gain insights on parameterizing connections and leveraging new features like Conditional Visibility for clarity and simplicity.
We’ll wrap up with a glimpse into future webinars, followed by a Q&A session to address your specific questions surrounding this topic.
Don’t miss this opportunity to elevate your FME expertise and drive your projects to new heights of efficiency.
Encryption in Microsoft 365 - ExpertsLive Netherlands 2024Albert Hoitingh
In this session I delve into the encryption technology used in Microsoft 365 and Microsoft Purview. Including the concepts of Customer Key and Double Key Encryption.
Key Trends Shaping the Future of Infrastructure.pdfCheryl Hung
Keynote at DIGIT West Expo, Glasgow on 29 May 2024.
Cheryl Hung, ochery.com
Sr Director, Infrastructure Ecosystem, Arm.
The key trends across hardware, cloud and open-source; exploring how these areas are likely to mature and develop over the short and long-term, and then considering how organisations can position themselves to adapt and thrive.
3. Inventorship 101 (uh, I mean 116)
• US patents issued to the INVENTORS
• Contributes to the CONCEPTION
• Reduction to practice not necessarily required
• Joint Inventors need NOT:
• Physically work together at the same time
• Make the same type or amount of contribution
• Contribute to EVERY claim
35 U.S.C. 101, 115, 116; 37 CFR 1.45; MPEP §2109
4. Claims Make the Invention
• Conception of the invention AS CLAIMED
• Inventorship can change as the claims change.
• WHY do claims change?
• Restriction requirements
• Formalities rejections (e.g., §101 and §112)
• Prior art rejections (e.g., §102 and §103)
• Fundamentally, you must invent OVER the prior art
MPEP §602.09, §2109
5. Being an Inventor vs. Being an Inventor
• To be named on a patent application is a distinct standing from the
status granted by an issued patent
• Details of a prior art analysis are irrelevant
6. Fictional Example: Whale Hunting
• Ishmael and Queequeg are collaborating to develop the ultimate
whaling harpoon
• Ishmael develops a new grip; Queequeg develops a new spear tip
• Claim includes both elements
• The USPTO determines the Ishmael’s grip to be obvious over a
product in a Bass Pro Shops® brochure
• Queequeg’s spear tip is found novel and non-obvious
• The case issues with both Ishmael and Queequeg as inventors
• i.e., no obligation to remove Ishmael from the patent
• What if claimed separately?
7. Case Law Example 1:
Pannu v. Iolab Corp., 155 F.3d 1344 (Fed. Cir. 1998)
• Pannu invents a new lens implant and files for a patent
• Pannu meets with Link to discuss a license to manufacture
• Link suggests an improvement to the lens
• Pannu files a CIP that includes the improvement but names only
himself as inventor
• Iolab Corp. asserts patent invalid for improper inventorship
• Link should be the only inventor on the CIP
• Pannu’s contribution already prior art due to the offer for sale
8. Case Law Example 1:
Pannu v. Iolab Corp., 155 F.3d 1344 (Fed. Cir. 1998)
• Sole inventor? No. Co-inventor? Yes
• “During the meeting with Link, Pannu was doing more than simply
providing Link with well-known principles or explaining the state of
the art”
• “Because it is undisputed that the invention was conceived while Link
and Pannu were engaged in a collaborative enterprise and it is
furthermore undisputed that Pannu conceived significant aspects of
the invention, Pannu is certainly at least a co-inventor.”
• Inventorship Correction
• CIP formalities
9. Case Law Example 2:
Dana-Farber Cancer Institute v. Ono Pharmaceutical Co., Ltd., No. 19-2050 (Fed. Cir. 2020)
• 2018 Nobel laureate Dr. Tasuku Honjo (Ono Pharmaceutical)
• Dr. Gordon Freeman and Dr. Clive Wood (Dana-Farber Cancer Inst.)
• Antibody-mediate cancer treatments – PD-1 receptor
10. Case Law Example 2:
Dana-Farber Cancer Institute v. Ono Pharmaceutical Co., Ltd., No. 19-2050 (Fed. Cir. 2020)
• Early 1990s – Honjo identifies PD-1 gene and receptor
• 1998 – Honjo meets with Ono and Wood; agree to collaborate
• 1998 – Freeman independently researching ligands; joins collab.
• 1999 – Freeman and Wood file a provisional without Honjo
• These aren’t the patents at issue
• 2000 –Group publishes journal article
• June 2000 – Honjo learns of 1999 provisional. Dana-Farber declines to
add him.
11. Case Law Example 2:
Dana-Farber Cancer Institute v. Ono Pharmaceutical Co., Ltd., No. 19-2050 (Fed. Cir. 2020)
• Late 2000 – Honjo stops sharing results
• 2002 – Honjo files his own patents without naming Freeman or Wood
on subject matter relying mostly on his own group’s experiments.
• “It is not without interest that in [Honjo’s] acceptance speech he
credited Dr. Freeman as a major collaborator in his work.”
12. Case Law Example 2:
Dana-Farber Cancer Institute v. Ono Pharmaceutical Co., Ltd., No. 19-2050 (Fed. Cir. 2020)
• Ono’s Arguments:
• Subject matter is removed from the original collab of Freeman and Wood
• Patents were issued over the 1999 filing
• The 2000 journal article disclosed Freeman and Wood’s contributions
• “Ono urges us to adopt a legal rule that once a contribution is made
public, it ‘no longer qualifies as a significant contribution to
conception.’ Appellants Br. 39.” (page 10)
13. Case Law Example 2:
Dana-Farber Cancer Institute v. Ono Pharmaceutical Co., Ltd., No. 19-2050 (Fed. Cir. 2020)
• Court sided with Dana-Farber
• Contribution to conception is key
• “Conception is complete when an idea is definite and permanent
enough that a [PHOSITA] could understand the invention” (Page 11)
• “Joint inventorship does not depend on whether a claimed invention
is novel or nonobvious over a particular researcher’s contribution.”
(Page 12)
14. Case Law Example 2:
Dana-Farber Cancer Institute v. Ono Pharmaceutical Co., Ltd., No. 19-2050 (Fed. Cir. 2020)
• Ono has petitioned cert from the Supreme Court asking:
“Whether the Federal Circuit erred in adopting a bright-line rule
that the novelty and non-obviousness of an invention over alleged
contributions that were already in the prior art are ‘not probative’ of
whether those alleged contributions were significant to conception”