Intellectual Property Law Blog

AUGUST 25, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. 55942 (Oct.

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Patent Invention Patent Application Patent Drafting 173

SpicyIP

AUGUST 10, 2023

of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. The petitioner approached the High Court against the decision of the Controller of Patents.

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Patent Government Designs Design 98

Biswajit Sarkar Copyright Blog

SEPTEMBER 25, 2023

What is invented through biotechnological processes must be protected through patent protection lest a third person misuses the same. SCOPE FOR PATENT PROTECTION: The growth of patents in biotechnology has been remarkable in recent decades, driven by several key factors that reflect the increasing importance and complexity of this field.

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Invention Patent Intellectual Property Technology 59

SpicyIP

JANUARY 11, 2022

We recently came across two decisions by the Indian Patent Office (IPO) in which patent claim applications concerning two nicotine delivery devices were rejected on the ground of the same being affected by section 3(b) of the Indian Patents Act, 1970. The first decision concerns application no. a tobacco company.

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Invention Patent Art Patent Application 119

Patently-O

JULY 6, 2022

USPTO (Supreme Court 2022) focuses the question of whether COURTS have power to create non-statutory patentability doctrines. Does the judiciary have the authority to require a patent applicant to meet a condition for patentability not required by the Patent Act? SawStop Petition for Certiorari. Gass’s U.S.

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Patent Art Invention Inventor 73

IPilogue

JUNE 2, 2022

Reversing what seemed like a victory for supporters of AI-owned intellectual property, the full bench of the Federal Court of Australia has confirmed the majority view of the world: only human inventors can own patent rights to their creations. Previously, IPilogue reported that Australia has granted patent ownership to an AI inventor.

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Invention Ownership Intellectual Property Inventor 111

Kashishipr

OCTOBER 20, 2021

The evergreening of patents is a common element of pharmaceutical patents. The evergreening of patents is a common element of pharmaceutical patents. The most crucial method that global medicine enterprises use is drug evergreening of patents.

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Patent Intellectual Property Inventor Government 105

The IPKat

JANUARY 18, 2022

8(1) Regulation 6/2002, the Düsseldorf Higher Regional Court (OLG Düsseldorf) sent a referral to the CJEU on just this issue ( C-684/21 ). 8(1) Regulation 6/2002. One of the two questions at issue in the case was the role that patent documentation plays in establishing the technical functionality of the features of a design.

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Designs Design Art Patent 109

Intepat

APRIL 20, 2022

Patentable requirements. To be granted a patent, an invention by the applicant must be novel, non-obvious, and such that it can be manufactured or used in industry. However, even after fulfilling these requirements, an additional requirement is to be fulfilled by the inventor/applicant, and that is ‘enablement.’

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Patent Invention Inventor Art 52

Garrigues Blog

APRIL 27, 2021

However, this is if the applicable time period requirements are met: twelve months from the first application in the case of patents and six months from the first application in the case of industrial designs and trademarks.

Designs 52

Designs Design Patent Application Intellectual Property 52

LexBlog IP

SEPTEMBER 8, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. Part Three.

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Patent Application Patent Invention Art 52

LexBlog IP

SEPTEMBER 1, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%.

Patent 52

Patent Patent Application Invention Technology 52

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 7, 2021

In the August 2021 edition of our monthly Texas Patent Litigation Monthly Wrap-Up, we cover a case concerning the doctrine of prosecution laches. 2021), the Personalized Media court held that the asserted patent U.S. 8,191,091 (the “’091 Patent”) is unenforceable under the doctrine of prosecution laches. Patent Nos.

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Litigation Patent Patent Application Technology 52

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. Sunoco’s patents cover systems for blending butane into gasoline. The patents here are pre-AIA and so the on-sale bar included a one-year pre-filing grace period.

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Invention Contracts Licensing Inventor 82

Patently-O

AUGUST 15, 2022

The Federal Circuit had previously broadly applied the non-statutory doctrine to prevent a prior owner of patent rights (the “assignor”) from later challenging the validity of those rights. The patent application was in this state — with only permeable member claims — when the assignment at issue took place.

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Invention Patent Application Inventor Patent 60

The IPKat

OCTOBER 19, 2022

At its core, the case relates to whether the right to file a patent application in the future is covered by the same provisions relating to the right to an existing patent or patent application. Trade Marks Many would consider the shape of Dior’s Saddle bag to be iconic.

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Designs Design Reporting Registration 67

IP and Legal Filings

MARCH 27, 2024

ABSTRACT The legal dispute between Bajaj and TVS Motors centers around the alleged unauthorized use of the DTSi patent. This case holds significant importance not only due to the financial implications for the involved parties but also due to its implications for the application of the doctrine of pith and marrow. Motor Company Ltd.)

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Invention Patent Patent Infringement Technology 64

LexBlog IP

AUGUST 25, 2021

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. 55942 (Oct.

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Patent Invention Patent Application Intellectual Property 52

LexBlog IP

JUNE 10, 2022

From 2002 to 2018, annual AI patent applications increased from 30,000 to 60,000. Additionally, the share of all patent applications that contain AI increased from 9 percent to about 16 percent. With technological improvements, however, AI has upgraded from tool to creator.

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Copyright Copyright Law Law Intellectual Property 52

IP Intelligence

JUNE 10, 2022

From 2002 to 2018, annual AI patent applications increased from 30,000 to 60,000. Additionally, the share of all patent applications that contain AI increased from 9 percent to about 16 percent. With technological improvements, however, AI has upgraded from tool to creator.

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Copyright Copyright Law Law Intellectual Property 52

LexBlog IP

SEPTEMBER 9, 2021

PatentNext Summary: In some instances, software-based patent applications can fail to include a sufficient algorithm describing “how” the software interacts with the underlying hardware of the invention. Therefore, as a general rule, software-related patents should include an algorithm. ” MPEP § 2164.

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Canadian Intellectual Property Blog

NOVEMBER 15, 2021

Unfortunately, what is good for the sharing of information is often not good for the patenting of inventions that arise from the research and products presented at these conferences. 2020 FC 621 , a poster was presented at a conference in Baltimore in 2002, 18 years previous. In Biogen Canada Inc. Taro Pharmaceuticals Inc.

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Art Invention Intellectual Property Intellectual Property Law 52

IP Intelligence

MARCH 7, 2022

Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the description.”[i] application; and (d) “relevant and not related to unique aspects of foreign patent law.”

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Patent Law Invention Patent Application Art 52

Intepat

APRIL 19, 2023

The Patents Act, 1970, provides for the protection of CRIs, but there has been significant debate over the years regarding the patentability of such inventions in India. The article delves into the legal framework surrounding CRIs in India, through the lens of case laws and guidelines issued by the Indian Patent Office.

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Invention Intellectual Property Patent Copyright 52

LexBlog IP

FEBRUARY 23, 2022

the Court of Appeals for the Federal Circuit (“the CAFC”) vacated and remanded the Patent Trial and Appeal Board (“the Board”) on two inter partes review (“IPR”) decisions that held claims 1, 2, 5-9, 12, 13, and 16-22 of Qualcomm’s U.S. Patent Application Publication 2002/0163364 to to Majcherczak et.

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Art Patent Application Patent Invention 52

IP and Legal Filings

OCTOBER 26, 2021

Defensive protection strategies may also include documenting traditional medical knowledge systems in order to oppose or invalidate patents that claim inventions which root from such systems. These initiatives have attempted to prevent patents from being erroneously granted. Turmeric patent case. Das and Hari Har P.

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Intellectual Property Journalism IP Invention 74

SpicyIP

AUGUST 22, 2022

This second part continues where that post left off, and brings us analysis on whether or not, for the purposes of maintaining a divisional application, there must be a plurality of inventions in the claims of the parent application. When can/not a Patent Application be Divided? Part II: Claims & Pluralities.

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Patent Application Invention Patent Reporting 119

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Patents and the Magical World of Psychedelics by Bonnie Hassanzadeh. Introducing the College of Patent Agents & Trademark Agents. First Time Interpreting Patent Agent Privilege. David Vaver.

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IP Copyright Infringement Inventor Intellectual Property 106

SpicyIP

APRIL 6, 2023

In Sunrider , the Delhi High Court had considered the reduction of discretion of the Registrar in the then-applicable 2002 Rules. Section 73 of the Canadian Patent Act lays down a strict procedural regime for patent applicants. Hindustan Lever Limited and Ors. , was regarded as irrelevant.

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Trademark Law Contracts Patent Application 100

IP and Legal Filings

JANUARY 30, 2023

Types of IPR Basically, there are four types of IPR Patent Trademarks Copyrights Trademark and Metaverse Trademark is the visual symbol that differentiate between trademarked goods and services from each other. Patent and Metaverse Over the past ten years, there have been an increasing number of metaverse-related patent filings.

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Intellectual Property Non-Fungible Tokens Trademark Copyright 85

SpicyIP

MARCH 10, 2023

In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with its own Biological Diversity Act, 2002. These activities included publishing papers, filing of patent applications or where research results were shared.

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Intellectual Property Government Law Publishing 105

SpicyIP

FEBRUARY 19, 2024

Last week we published 3 posts on the E&Y’s report on music publishing in India, MHC’s judgement clarifying the jurisdiction of a High Court to hear writ petitions against orders of the Patent Office and the CGPDTM’s open house help desk portal. The Controller of Patents. Anything we are missing out on? Sun Pharma Laboratories Ltd.

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Invention Music Art Patent Application 105

Patently-O

AUGUST 30, 2021

The COVID vaccines do not genetically modify your DNA, but Juno’s patented CAR T-Cell therapy certainly does. The patent claims a nucleic acid polymer (DNA/RNA) that encodes for a particular “chimeric T cell receptor.” But, the patent does not actually disclose the DNA sequence of such a binding element.

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Patently-O

MAY 17, 2024

The outcome here shows value for the intentional use of means-plus-function limitations as a mechanism for expanding patent scope when genus claims are otherwise unavailable. Even before the decision, biotech -focused patent attorneys have been searching for ways to capture their clients innovations with broad enough coverage.

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Invention Patent Inventor Patent Application 80

The IPKat

JULY 14, 2021

Reddy and Pai argue that even if a waiver results in a suspension of certain rules, vaccines cannot be manufactured without technology transfer and by merely waiving patents. We have written here about the disclosure problem in the patent system – that creates a gap between sufficiency of disclosure and enablement and manufacturing.

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LexBlog IP

MAY 9, 2023

9,980,498 (Bacon Patent) were recently scorched by the Federal Circuit. During the initial testing phase, HIP alleges that Howard disclosed the infrared preheating concept that appears in claim 5 of the Bacon Patent. More than a decade later in 2018, the Bacon Patent was issued naming four inventors that assigned rights to Hormel.

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Inventor Invention Patent Application Patent 52

Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

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Design Patent Designs Design Patent 52