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The United States Patent and Trademark Office (USPTO) is launching its Automated Search Pilot Program, introducing artificial intelligence into patent examination. This initiative could fundamentally change how inventors approach patent prosecution.
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For innovators in software and artificial intelligence, securing a patent in the United States requires clearing a significant initial hurdle: patent eligibility under 35 U.S.C. § 101. While an application must satisfy all requirements of US patent law, it is this specific criterion that most often determines the fate of computer-implemented inventions (CIIs).
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The patenting of computer-implemented inventions at the European Patent Office (EPO) is associated with a number of specific requirements based on the European Patent Convention (EPC) and established case law. A key feature is the necessity to prove the technical character of the computer-implemented invention; without it, the invention will be considered a non-patentable subject matter.
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The process of patenting inventions is a legally complex path, requiring strict adherence to a multitude of rules. Let us consider the most typical deficiencies and errors that may lead to delays, requests for examination, or even the refusal to grant a patent.
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Many inventors perceive a utility model as a simplified version of an invention patent. While there are some overlaps, preparing a utility model application can be surprisingly complex and distinct from an invention application. Understanding these crucial differences can save you time, effort, and prevent a "useless" patent.
Let's explore some key distinctions:
