Double Trouble? Federal Circuit Ruling Creates Tension Between Patent Term Adjustment and Obviousness-Type Double Patenting

What Inventors and Attorneys Need to Know About the Federal Circuit’s Ruling in In re Cellect In August of 2023, the Federal Circuit issued a noteworthy decision pertaining to the interplay between patent term adjustment, terminal disclaimers, and obviousness-type double patenting in the world of patent law. The Court held that “claims in the challenged patents are entitled to their full term, including the duly granted patent term adjustment, unless they are found to be later-filed obvious variations of earlier-filed, commonly owned claims.” In re Cellect, LLC, 81 F.4th 1216 (Fed. Cir. 2023).  The ruling has implications for both lawyers…

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USPTO Releases New Guidance on AI-Assisted Inventions

On February 13, 2024, the U.S. Patent and Trademark Office (USPTO) issued guidance regarding the determination of “inventorship” with respect to artificial-intelligence-assisted inventions. This guidance, explained in detail here, is important information for inventors relying on artificial intelligence in the creation of their inventions. These guidelines explain that “while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity.” The chief takeaways could be summarized as follows: If you are using — or considering using — artificial intelligence in the invention process, it is important to know your…

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The Novice Tries AI: A Cautionary Tale

Underscoring the Importance of Human Expert Oversight When Using Artificial Intelligence Tools Like many, I’ve been intrigued by the future prospect of artificial intelligence, including its applications specifically in the practice of IP law. But like others, I remain equally cautious in its adoption as a replacement for experienced and expert humans in certain aspects of the application of legal work. A recent exercise in exploring both the prospects and potential limitations of AI illustrates and illuminates both sides of the aisle — the intrigued and the intrepid. While queries were addressed nearly instantaneously, including the research of relevant case…

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