Currently pending before the U.S. Supreme Court are three petitions for certiorari dealing with the “written description” requirement in the Patent Act, 35 U.S.C. §112. While each petition presents a distinct question…
Tag: federal circuit
CAFC Panel Rules that AI Created “Inventions” Are Not Patentable
Are inventions created by artificial intelligence or AI patentable? That was the question addressed by the Federal Circuit in the matter of Thaler v. Vidal, No. 21-2347 (CAFC August 5, 2022). The…
CAFC Considers Whether PTAB May Raise Invalidity Arguments
The Federal Circuit is reviewing whether the PTAB may, sua sponte, raise the issue of validity of a patent where the patent owner files a motion to amend the claims and the petitioner actively and formally opposes the motion.
Supreme Court Asked to Review On-Sale Bar Ruling by Federal Circuit
Does a price quote constitute an offer of sale, thereby invoking the on-sale bar of Section 102 of the patent statute? That is the question presented in a petition filed with the…