Artificial Intelligence as Inventor
DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) An AI machine program called DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) was created as a series of neural…
Appealing Patent Decisions- How likely are they to be reversed?
Over the last 5 years (FY 2017-2021) about 61 percent of the cases at the Court of Appeals for the Federal Circuit (CAFC) concern patents. There are three sources for…
De Minimis Defense Doesn’t Necessarily Mean Minimal Use
There is a Latin maxim: de minimis non curat lex: The law does not care about the smallest thing. De minimis, in legal terms, means the thing is too trivial or…
Patent Eligibility of Blockchain Inventions
The Australian Patent Office recently handed down a decision clarifying the patent eligibility of blockchain inventions, at least so far as Australian law is concerned. Blockchain is a kind of…
Update on IPRs
An Inter Partes Review is a proceeding before the USPTO, which allows third parties to challenge the validity of the claims of an issued patent without going into federal court.…
New FishFAQ Video: Opposing Patents
There is a new FishFAQ video up on our Fish IP Law YouTube channel. This one covers opposing patents and answers questions about keeping track of competitors patents, how to oppose competing patent apps,…
Unitary Patent in Europe
Since the 70’s there have been various attempts to replace individual European country patents with a unified patent good throughout participating countries. As it currently stands, there is a partially…
Non-Fungible Tokens and Copyrights
What is a non-fungible token? Non-fungible tokens (NFTs) are unique pieces of data stored on a digital ledger- a blockchain. Non-fungible just means they are unique and can’t be exactly…
Trademark Registration Protection in the US and Canada
The Supreme Court of Canada (SCC) has determined that registration of a trademark is a complete defense against claims for infringement and passing off. Travelway, a Canadian luggage distributor, owns…
New FishFAQ video: Valuing Patents
There is a new FishFAQ video up on our Fish IP Law YouTube channel. This one is on patent valuation and covers questions like what sort of due diligence is…