Patently-O

MAY 19, 2024

1163 (2024). Although the article is not patent focused, Stern’s arguments have significant implications for patent law by undermining a key justification for limiting the scope and strength of patent protection. Stern, Intellectual Property and the Myth of Nonrivalry , 99 Notre Dame L. 2d 887 (Fed.

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SpicyIP

MARCH 11, 2024

Singh’s book on Patent Law is finally out. It has been published by Thomson Reuters in two volumes and was launched on 9th March 2024 by Union Finance Minister Nirmala Sitharaman at Pragati Maidan. Justice Singh, in an interview about her new book , commented on the “importance of patent law for the common man.”

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Patent Law Law Patent Intellectual Property 59

LexBlog IP

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S.

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Patently-O

APRIL 16, 2024

by Dennis Crouch Law school civil procedure courses spend very little time on proper venue because, in most cases venue is proper so long as the district court has personal jurisdiction over the defendant. This portion of the bill is entitled the “ Venue Equity and Non-Uniformity Elimination Act of 2024 or VENUE Act.”

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The IPKat

MAY 19, 2024

The USPTO specifically calls for views on how the proliferation of AI could affect evaluations of patentability, including what qualifies as prior art and the capabilities of the person skilled in the art. Comments are due by 29 June 2024. This issue will be very familiar to anyone working with method of treatment inventions.

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LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). The amended Regulations came into effect on 20 January 2024. An important change brought about by the Regulations that may affect every PRC patent practitioner is the abandonment of the 15-day postal rule.

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SpicyIP

MAY 6, 2024

Natco v Novartis 2024: Delhi High Court’s Novartis Moment & Indian Patent Law’s Déjà Vu Pic from here The Delhi High Court, on 24th April, passed an order that our patent law enthusiast readers will be very interested in! Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr.

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Patently-O

APRIL 26, 2024

1 (1847) “establish[ed] that a specification may call for a reasonable amount of experimentation to make and use a patented invention.” Background of the Invention Wood’s U.S. This was a big case with Wood alleging that the defendants had made 100 million bricks and 100 million tiles using his patented process.

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Patently-O

APRIL 23, 2024

Patent and Trademark Office announced the winner of this year’s National Patent Application Drafting Competition (NPADC), the University of Missouri-Kansas City School of Law. I would encourage any law student interested in pursuing a career in patent prosecution to consider participating in the competition next year.

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Patently-O

APRIL 30, 2024

That claim requires too much follow-on research work and so does not sufficiently disclose the invention. Still, those will likely be unrecognized for their worth until some later date when a human truly invents but is blocked from patenting. Ben Hattenbach & Joshua Glucoft have an interesting 2015 article on point.

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Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Patently-O

MAY 22, 2024

Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. May 21, 2024). The key issue was whether Dr. Core developed the patented invention “entirely on [his] own time” under his employment agreement. Core Optical Techs., Nokia Corp. ,

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The IPKat

DECEMBER 23, 2023

Rose Hughes outlined the recent EPO Board of Appeal decision ( T 1356/21 ), which discussed the criterion of novelty for pharmaceutical dosage regimes and selection inventions, as well as the reliance on an unexpected technical effect for inventive step.

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43(B)log

FEBRUARY 16, 2024

2024 WL 629985, No. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. patent system and proclaims its sophistication in its knowledge of U.S.

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The IPKat

DECEMBER 22, 2023

Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed?

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Patently-O

MAY 20, 2024

May 20, 2024), Cellect argues that the Federal Circuit erred in upholding the PTAB’s (PTAB) invalidation of Cellect’s four patents based on the judicially-created doctrine of obviousness-type double patenting (ODP). by Dennis Crouch In its new petition for certiorari in Cellect LLC v. Vidal , No. __ (U.S. ”)

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Patently-O

MAY 9, 2024

The primary concern is that an owner of multiple patents on obvious variations of an invention could deter competition, because the cost of challenging the validity of each patent separately may be prohibitive. The proposed rule could also influence patent filing strategies more broadly.

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SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

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The IPKat

JANUARY 12, 2024

AIPPI Rapid Reaction on Thaler in the Supreme Court next Thursday Next Thursday, 18 January, AIPPI UK is hosting their first event of 2024 and it's a good one - and online! Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions.

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Patently-O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed.

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Patently-O

MAY 8, 2024

Whether the challenged claims are patent eligible. May 1, 2024). The ‘507 patent, which has a priority date of October 1994, discloses and claims a method for disseminating interactive content via the World Wide Web. . §§ 102, 103, and 112. Petition for Writ of Certiorari, Eolas Techs. Amazon.com, Inc. , 23-1184 (U.S.

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The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. This is referred to as a proposed new ‘patent disclosure requirement’. plants, animals, and microorganisms), and knowledge systems.

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Patently-O

MAY 17, 2024

” The decision will be captioned Ex parte Chamberlain , Appeal 22-1944 , and is post-dated May 21, 2024. The basic idea here was to put the anti-C5 antibody limitation into the preamble of the Jepson claim that sets up the environment of the invention, but is not actually the improvement being claimed. 2023-2048 (Fed.

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Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. May 21, 2024) (en banc). GM Global Tech. Operations LLC , No. 21-2348, slip op. at 15 (Fed.

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Patently-O

MAY 6, 2024

by Dennis Crouch This may be a useful case for patent prosecutors to cite to the USPTO because it creates a strong dividing line for the printed matter doctrine — applying the doctrine only to cases where the claims recite the communicative content of information. Kevin Emerson Collins, Patent Law’s Authorship Screen , 84 U.

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IP Intelligence

MAY 24, 2024

IPRs and PGRs were created by the Leahy-Smith America Invents Act as a more efficient and effective means for challenging the validity of patents and are also intended to reduce litigation costs. 20-CV-06128-EJD, 2024 WL 1382465, at *13 (N.D. 31, 2024). Apple Inc. Vidal , No.

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LexBlog IP

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. The Order calls on the U.S. Copyright Office and U.S. § 101.

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Trading Secrets

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. The Order calls on the U.S. Copyright Office and U.S.

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Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. The Order calls on the U.S. Copyright Office and U.S. § 101.

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Copyright Intellectual Property Fair Use IP 52

Patently-O

MAY 24, 2023

Bagley , Asa Griggs Candler Professor of Law, Emory University School of Law, co-inventor, and Principal, Diversity Pilots Initiative. Watch her video for Invent Together , entitled Challenges Encountered as a Diverse Inventor. . – Jason Rantanen By: Margo A.

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Patently-O

MARCH 18, 2024

The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. 256 to correct inventorship on an issued patent. The district court agreed, finding their contributions were significant to the conception of the claimed invention.

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SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent.

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Patently-O

APRIL 14, 2024

Cellect’s petition is now due May 20, 2024, and I expect significant support from the patent owner community. Patentees often receive PTA due to USPTO delays that otherwise eat into the 20-year patent term. This comes up in situations where a patentee has two patents that cover only slightly different inventions.

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Patently-O

FEBRUARY 29, 2024

The second panel (2024) includes the same judges except that Judge Newman was replaced by Judge Chen. And, even though the subject matter of the lawsuit is a patent license, that sort of case is ordinarily not seen as “arising under” the U.S. patent laws. In both cases Judge Stoll wrote the opinion.

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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Reporting Non-Fungible Tokens IP Intellectual Property 52

Patently-O

APRIL 16, 2024

2024 WL 1561195 (Fed. 11, 2024) Human clinical trials play an essential role in the discovery, development, and regulatory approval of innovative drugs, and federal law mandates the public disclosure of these trials. The Court has recognized that a clinical study itself is a protected experimental use of the invention.

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SpicyIP

JANUARY 31, 2024

Image from here Yesterday, Aparajita penned a post “ Squawking over butter chicken: The mystery of the real master chef” sharing her thoughts on the existing “Who Invented Butter Chicken and Dal Makhani” issue before the Delhi High Court in Rupa Gujral & Ors vs Daryaganj Hospitality Private Limited. The case will be heard in May 2024.

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