SpicyIP

MARCH 11, 2024

Singh’s book on Patent Law is finally out. Also present were foreign dignitaries, including Annabelle Bennett (Former Judge of the Federal Court of Australia, Sydney), Colin Birss (Lord Justice, Court of Appeal, England and Wales), and Klaus Grabinski (President of the Unified Patent Court (EU), Luxembourg).

Patent Law 59

Patent Law Law Patent Intellectual Property 59

The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed. here , at 24].

Patent Law 70

Patent Law Law Patent Invention 70

Patently-O

APRIL 21, 2022

For the first time since 2008, the Supreme Court’s October 2021 term will come to a close without any patent decisions. I have included a chart below, but should note that there is some debate around the edges about what constitutes a “patent decision.” 21-438 (CVSG requested October 4, 2021).

Patent Law 82

Patent Law Law Patent Art 82

Patently-O

SEPTEMBER 26, 2022

A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. Bottom line, no patent cases were decided by the Court in the 2021-2022 term and none were granted certiorari for the new term starting this week. American Axle (cert denied).

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Patent Law Law Patent Invention 125

Patently-O

DECEMBER 8, 2021

This case helps show that patent law has arrived at Nerdsville. by Dennis Crouch. Astrazeneca AB v. Mylan Pharmaceuticals Inc. ( Actually, I’ve been here for a while and so welcome to all you newcomers.

Patent Law 79

Patent Law Law Patent Art 79

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. After talking again with Jane, EL decided to patent the device. He initially filed a provisional patent application in June 2020. The non-provisional patent application included the following two claims: 1.

Patent Law 77

Patent Law Law Patent Patent Application 77

Patently-O

FEBRUARY 24, 2022

20-891 (CVSG requested May 3, 2021); Res Judicata and the Patent-Specific Kessler Doctrine : PersonalWeb Technologies, LLC v. 20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. 21-438 (CVSG requested October 4, 2021); and. Neapco Holdings LLC, et al. , Patreon, Inc.,

Patent Law 95

Patent Law Law Patent Litigation 95

IPilogue

AUGUST 18, 2021

The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to provide assistance to under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. Application Process: Deadline: Friday, September 3, 2021.

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IP Patent Prosecution Intellectual Property Inventor 106

JD Supra Law

AUGUST 26, 2021

Hologic, the Supreme Court recently upheld the patent-law doctrine of assignor estoppel—which bars the inventor assignor of a patent from denying the validity of their previously assigned patent—but the Court did rein the doctrine in. In Minerva v.

Intellectual Property 98

Intellectual Property Inventor Invention Patent Law 98

JD Supra Law

DECEMBER 31, 2021

While the Federal Circuit has patent law as its principal focus, as a U.S. Circuit Court of Appeals, questions come before the Court on more mundane, procedural matters (which, sometimes being dispositive, does not reduce their importance to the parties and occasionally the rest of us).

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Patent Law Law Patent 118

JD Supra Law

DECEMBER 27, 2021

There are some cases where the Federal Circuit makes its decision based on the eternal verities of patent law (insofar as there are any eternal verities in patent law).

Patent Law 108

Patent Law Law Patent 108

JD Supra Law

JULY 11, 2022

The US Patent and Trademark Office (USPTO) recently issued a study entitled “Patent eligible subject matter: Public views on the current jurisprudence in the United States.” The report was prepared in response to a request from Senators Thom Tillis (R-NC), Mazie Hirono (D-HI), Tom Cotton (R-AR), and Chris Coons (D-DE) in March of 2021.

Patent Law 97

Patent Law Law Patent Reporting 97

Patently-O

MAY 16, 2022

The case questioned the unique patent-law preclusion doctrine known as the “ Kessler doctrine.” ” I previously argued that the court should hear the case and clarify the law. The court requested the CVSG brief on May 3, 2021–more than a year ago. by Dennis Crouch. Neapco Holdings LLC.

Patent Law 57

Patent Law Law Patent Designs 57

Patently-O

JANUARY 20, 2023

3d 1374 (2021). 1] Examiners lack the time and energy to search for on-point science fiction where there is so much more (and better catalogued) prior art among patents and scientific publications. It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory.

Patent Law 95

Patent Law Law Inventor Patent 95

JD Supra Law

SEPTEMBER 13, 2021

Imposition of liability under the equitable doctrine of inequitable conduct (as it has been variously defined) can result in a patent being held unenforceable; for this reason, former Chief Judge Rader called it the "atomic bomb of patent law" (see Aventis Pharma S.A. Amphastar Pharms., 3d 1334, 1349 (Fed. 2008) (Rader, J.,

Patent Law 104

Patent Law Patent Law 104

Barry Sookman

AUGUST 29, 2021

Computer and Internet Weekly Updates for 2021-08-21 [link] 2021-08-22. 3d 828 – Court of Appea… [link] 2021-08-24. The Federal Government Combats Hate Speech And Other Content Published On Social Media [link] 2021-08-24. R E Stats… [link] 2021-08-25. Website terms not binding on consumer Soliman v.

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Social Media Inventor Advertising Advertising 57

The IPKat

JULY 30, 2021

Thus, the GPA will henceforth include an explicit proportionality defense to permanent injunctions in patent law. Reportedly, several German patent judges immediately commented along similar lines [ here ]. here , at 5]; novel generations of pharmaceuticals that make prior patent clearance difficult [e.g. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

The IPKat

SEPTEMBER 28, 2021

On 22 September 2021, China released a 15-year plan to develop intellectual property rights (IPR): ‘The Outline of Building a Powerful Intellectual Property Nation’ (2021–2035). The Outline’ (2021–2035) is highly noteworthy, comparable to the 2008 Outline of the National Intellectual Property Strategy. ‘The

Intellectual Property 76

Intellectual Property Invention Government Patent 76

JD Supra Law

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal…. In this decision, captioned In re: SurgiSil, L.L.P.

Design Patent 98

Design Patent Designs Design Patent Law 98

JD Supra Law

NOVEMBER 18, 2021

Joint inventorship has been called "one of the muddiest concepts in the muddy metaphysics of patent law" because the "exact parameters of what constitutes joint inventorship are quite difficult to define." Mueller Brass Co. Reading Indus., 1357, 1372 (E.D. 1972), aff'd, 487 F.3d 3d 1395 (3d Cir.

Patent Law 98

Patent Law Law Patent 98

JD Supra Law

NOVEMBER 29, 2021

patent law. The first, post-grant review (PGR), had some analogies with European opposition practice, in that petitions for PGR could be filed no later than nine months after the patent had granted and any ground of patentability was available as the basis for challenge (see 35 U.S.C. § 321 et seq.).

Invention 98

Invention Patent Law Patent Law 98

LexBlog IP

JANUARY 25, 2022

The number of standard patent applications filed in Australia exceeded 30,000 for the first time in 2021, increasing by nearly 3.6% But the headline figures conceal a distorting influence on filing behaviour in 2021, namely the phasing out of the innovation patent system.

Patent 52

Patent Patent Application Patent Law IP 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 10, 2020

On October 17, China’s National People’s Congress (NPC) formally adopted a revised patent law that makes significant changes to that country’s legal framework for pharmaceutical patents. signed in January that aimed to incorporate aspects of American patent law into the Chinese legal system.

Patent Law 67

Patent Law Law Patent Prosecution Patent 67

Patently-O

DECEMBER 23, 2021

To take the cleverness of an improver and award the monopoly of an invention thereto would, to our minds, make of the patent law a hindrance, not a help, in the evolution of progress. Invalidity affirmed. Although the decision is issued prior to Graham v.

Patent 84

Patent Invention Art Copying 84

LexBlog IP

NOVEMBER 16, 2021

On November 8, 2021, Bio-Thera Solutions, Ltd. Bio-Thera is the first biosimilar applicant to make a Type 4 patent certification since the release of China’s patent linkage system, “Measures for the Implementation of Early Resolution Mechanisms for Drug Patent Disputes (Trial),” on July 4, 2021.

Patent Law 52

Patent Law Law Patent Marketing 52

Patently-O

OCTOBER 4, 2021

But the inverse is true of patents currently being prosecuted: ~94+ of applications currently pending before the USPTO, we estimate, are governed by the AIA. Figure 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated. 2021 Patently-O Patent Law Journal 34.

Art 126

Art Journalism Patent Law Invention 126

LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. There is an old maxim in patent law, which states: “That which infringes if later, anticipates if earlier.” 2020-1940 (Oct. Active Mfg.

Design Patent 52

Design Patent Designs Design Patent Law 52

JD Supra Law

AUGUST 25, 2021

On May 26, 2021, the United States Patent and Trademark Office (“USPTO”) finalized the amendments to the Rules of Practice in Patent Cases as well as the rules regarding Representation of Others before the United States Patent and Trademark Office, found in the Code of Federal Regulations, 37 C.F.R. 11.1 – 11.901.

Patent Law 52

Patent Law Patent Law Trademark 52

IP and Legal Filings

AUGUST 28, 2021

Multiple changes were made in the law to simplify the process of applying for or getting an IP. The amendment to Patent Law makes a single office serve the whole UK for granting patents. The Corporate Plan 2021/22 by UKIPO aims for a strong IP strategy for the Corporate. Image Source: gettyimages].

Intellectual Property 52

Intellectual Property IP Inventor Designs 52

Patently-O

OCTOBER 4, 2021

But the inverse is true of patents currently being prosecuted: ~94+ of applications currently pending before the USPTO, we estimate, are governed by the AIA. Figure 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated. 2021 Patently-O Patent Law Journal 34.

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Journalism Art Patent Law Invention 105

JD Supra Law

DECEMBER 2, 2021

patent law in an environment where regional Circuit Courts had developed their own judicial interpretations of the patent statute. As a consequence, it was often to a party's benefit to choose to litigate in a Circuit where the law was favorable to their case.

Patent Law 52

Patent Law Litigation Law Patent 52

JD Supra Law

NOVEMBER 21, 2023

As outlined in our previous post, on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications.

Designs 65

Designs Design Design Patent Intellectual Property 65

Intellectual Property Law Blog

OCTOBER 8, 2021

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. September 2, 2021). patent law to accommodate and encourage technologies that will drive the Fourth Industrial Revolution. Hirshfeld et al.

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Patent Inventor Invention Intellectual Property 246

Patently-O

AUGUST 19, 2021

I’m getting ready to teach my Fall 2021 Patent Law class, and that means doing an updated patent grant graph. utility patents granted per year from 1840-2020: Data for 2021 isn’t included in the table, but as of July 31, 2021, the authority file contains 195,480 patents.

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Patent Patent Law Law 128

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 5, 2020

News & World Report – Best Lawyers ® “Best Law Firms” 2021 edition. Litigation – Patent. Patent Law. Technology Law. Trademark Law. Copyright Law. Firms included in the 2021 Edition of U.S. Appellate Practice.

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Intellectual Property Litigation Law Editing 40

IP Watchdog

FEBRUARY 16, 2022

Nine months in, and we are still awaiting the Biden administration’s decision as to whether the law of patent eligibility should be clarified. On May 3, 2021, the Supreme Court invited the Solicitor General to recommend whether certiorari should be granted in American Axle v.

Law 128

Law Patent Invention Patent Law 128

JD Supra Law

NOVEMBER 23, 2021

On 30 July 2021, the Federal Court of Australia ruled that a machine – that is, a mathematical equation that analysed and processed data – can be an inventor under Australian patent laws.

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Inventor Patent Law Designs Design 97