PTO Adds Green Energy Category to Patents for Humanity Program
JD Supra Law
MARCH 16, 2023
On March 6, 2023, the US Patent & Trademark Office (PTO) introduced a new green energy category to its Patents for Humanity Program.
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Announcing the 15th Annual Canada’s IP Writing Challenge
IPilogue
FEBRUARY 9, 2023
We encourage a broad range of perspectives, and topics can be from within the various categories of intellectual property law including patents, trademarks, industrial design and copyright. There are three categories for entrants this year: Law student category (LL.B, students) Graduate student category (LL.M,
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Senators Propose New Legislation to Clarify Patent Eligibility Under 35 U.S.C. § 101
Intellectual Property Law Blog
JUNE 23, 2023
On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023 , which seeks to clarify the jurisprudence surrounding 35 U.S.C. § A mental process performed solely in the mind of a human being. An unmodified human gene, as that gene exists in the human body.
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IPKat Book of the Year Awards 2023 winners announced!
The IPKat
JANUARY 23, 2024
Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. Patent Portfolio Management, A Practical Guide, by Ho Frattasi. The Proportionality Test in European Patent Law, by Léon Dijkman. •
US Patent Office Launches Green Energy Award
JD Supra Law
APRIL 21, 2023
Patent and Trademark Office (USPTO) announced the addition of a new category for its Patents for Humanity Awards Program: Green Energy. The Green Energy category accepts any U.S. The Green Energy category accepts any U.S. The program is open to all types of patent holders, patent applicants and licensees.
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And Again, Abstract Ideas are Not Patentable!
The IP Law Blog
FEBRUARY 29, 2024
The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea.
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A Glimmer Of Hope For Simplified Patenting Of Medical Diagnostics In The United States
JD Supra Law
AUGUST 29, 2023
Should the recent bill entitled the Patent Eligibility Restoration Act of 2023 (PERA) become law, it would override the existing jurisprudence and redefine which inventions are eligible for patenting under 35 U.S.C. §
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Streamlining the Qualification Process: Key Changes to the USPTO Patent Practitioner Registration
Patently-O
MAY 17, 2023
by Dennis Crouch In the US, registered patent practitioners are required to have a science or engineering background. Over the past few years, the US Patent and Trademark Office (USPTO) has been refining the qualification process. ” Additionally, the Office began accepting advanced degrees under Category A.
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Protecting a Brand in the Amazon Brand Registry
Erik K Pelton
AUGUST 8, 2023
There are three requirements to register your brand with Amazon: A pending application or valid registration at the United States Patent and Trademark Office; The trademark must appear on the packaging of the products or on the products themselves A list of the categories the brand is featured in, such as sporting goods or clothing.
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IPKat Book of the Year Awards 2023
The IPKat
DECEMBER 1, 2023
But there can be only one winner (per category) of this prestigious prize, so vote wisely. The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community.
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TTAB Affirms Section 2(e)(5) Functionality Refusal of Holster Configuration
The TTABlog
MARCH 5, 2024
Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." indicates that the design is not de jure functional.
Sequoia Technology LLC v. Dell Inc. (Fed. Cir. 2023)
JD Supra Law
APRIL 24, 2023
The patent statute requires that, to be patentable, the subject matter of an invention must be at least one of a process, machine, article of manufacture, or composition of matter. It is hard to find examples of things that do not fall into these broad categories, though signals in motion and data at rest are two.
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Who appeals (and wins) patent cases?
Patently-O
JULY 14, 2022
This prompted the question for me: who actually files appeals in patent infringement cases and how representative are they of the underlying civil actions filed in the courts? It turns out that the answer is “mostly patent asserters” and that they aren’t necessarily representative of case filings. 235 (2018) ).
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Federal Circuit Continues to Strike Down Patents as Abstract Ideas
The IP Law Blog
OCTOBER 12, 2023
The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. Realtime owned several patents covering systems and methods for digital data compression. These categories are referred to as “patent-eligible subject matter.”
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Comments on USPTO Proposed Fee Changes
Patently-O
MAY 10, 2023
The USPTO has proposed a major set of patent fee revisions. It is also clear that the proposal is designed to shift patent applicant behavior along certain fronts. Each of these categories has potential major impacts, but categories 2 and 4 raise special concerns. One purpose of the new fees is to raise revenue.
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A Prototypical Corporate Salesperson is Not Patentable!
The IP Law Blog
JUNE 8, 2023
The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. These categories are listed in 35 U.S.C. sued Clary, Inc.
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SpicyIP Tidbit: Union Minister of State for Commerce and Industry clarifies Current IPR Regime Sufficient for AI Works Protection
SpicyIP
FEBRUARY 10, 2024
Som Parkash, the Minister clarified that the existing IPR regime is well-equipped to protect Artificial Intelligence (AI)-generated works, thus indicating no necessity to establish a separate category of rights.
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IPKat Book of the Year Awards 2022 winners announced!
The IPKat
JANUARY 22, 2023
Here are the nominees and winners: Best Patent Law Book The nominations were: Intellectual Property Protection for Plant Related Innovation: Fit for Future? Votes for books that were nominated in the wrong category (e.g. a trade mark book nominated in the copyright category) were counted towards the book in the relevant category.
India Amends Patent Rules and Reduces Fees by 80% for Educational Institutions
IP Watchdog
OCTOBER 9, 2021
On September 21, 2021, India's Department for Promotion of Industry and Internal Trade (DPIIT) under India’s Ministry of Commerce and Industry published amended Patents Rules, 2021, to amend the 2003 Patents Rules.
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Patent Eligibility Reform Introduced in Congress Once Again: Is the Second Time the Charm?
JD Supra Law
AUGUST 8, 2022
In an ideal world, patent eligibility would be a simple, clear, and non-controversial inquiry. 101 is to inform the public which types of inventions are eligible for patenting and which are not. The law should draw a sharp line between these two categories with at most a minimal gray area in between.
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USPTO Launches Green Energy Category for Incentive Program
LexBlog IP
MARCH 9, 2023
The United States Patent and Trademark Office (USPTO) recently announced the launch of a new Green Energy Category as part of their Incentive Program. The USPTO is the federal agency responsible for granting patents and trademarks to inventors and businesses. These benefits include expedited examination, reduced fees, and more.
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IPKat Book of the Year Awards 2021
The IPKat
JANUARY 7, 2022
Anyone who managed to publish a book during 2021 most certainly deserves an award in any event, given the added pressures and stresses of the pandemic, but alas there can be only one winner (per category), so vote wisely.
And Again, Abstract Ideas are Not Patentable!
LexBlog IP
FEBRUARY 29, 2024
The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. The patent examiner rejected the claims on the grounds that the claims were directed to patent-ineligible subject matter under 35 U.S.C.
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Supreme Court Refuses to Reconsider its Patent Eligibility Doctrine
Patently-O
JUNE 30, 2022
As its final act for the 2021-2022 term, the US Supreme Court has denied certiorari in the pending patent eligibility cases of American Axle v. This language is almost identical to the list created for the Patent Act of 1790. Neapco and Spireon v. ” 35 U.S.C. ” 35 U.S.C.
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PTO Revisits What is Patentable
The IP Law Blog
JULY 28, 2022
Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. A patent protects an invention. These categories are listed in 35 U.S.C. Things that are not patentable (by judicial exceptions) include laws of nature, natural phenomena, and abstract ideas.
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What is subject matter eligibility?
Patent Trademark Blog
JANUARY 18, 2023
What makes an invention eligible for patent protection? Not every new thing is patentable. A concept might be unique, and yet ineligible for patent protection. Subject matter eligibility refers to whether an invention is qualified for patent protection. 35 USC 101 – Inventions patentable.
Small Changes to Tech-Background Requirement to become a Patent Attorney
Patently-O
SEPTEMBER 21, 2021
All of us who represent clients in patent cases before the USPTO share a common background. The USPTO offers three ways to show sufficient background in science or technology: Category A: A university degree in science or engineering; Category B: Sufficient university coursework in science or engineering; or. NEW RULES ].
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Patent – a shield for modern biotechnology
Biswajit Sarkar Copyright Blog
MARCH 1, 2024
Patents are important and powerful tools that provide safeguards to biotechnicians and help them. What is patent? A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application.
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PTAB/USPTO Update - April 2023
JD Supra Law
APRIL 4, 2023
On March 6, the USPTO announced a new Green Energy Category of its Patents for Humanity Program. Patents for Humanity is an awards competition that recognizes innovators who use technology to meet global humanitarian challenges. By: WilmerHale
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Fish & Richardson Named a Top Firm for Patent Prosecution, Patent Litigation, and Trademark by Managing IP
Fish & Richardson Trademark & Copyright Thoughts
AUGUST 2, 2022
Fish was ranked as a “Tier 1” firm nationwide in the patent contentious, PTAB litigation, patent prosecution, and trademark contentious categories, an achievement that Fish shares with fewer than 10 other firms in each practice area.
Obviousness Test for Design Patents Unchanged
JD Supra Law
FEBRUARY 3, 2023
Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).
Historic $130m+ Patent Infringement Award Against the United States of America
Intellectual Property Law Blog
DECEMBER 1, 2021
A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). SecurityPoint brought its claim for patent infringement against the United States under 28 U.S.C.
Aftermath of Ironburg – Practice Pitfalls and Pointers
IP Tech Blog
APRIL 27, 2023
A number of district courts, as well as the Court of Appeals for the Federal Circuit, have weighed in on whether and to what extent a patent challenger in an inter partes review (IPR) before the Patent Trial and Appeal Board may be estopped from making prior art based challenges in a district court litigation.
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Fish & Richardson Shortlisted for 2022 Managing IP Americas Awards
Fish & Richardson Trademark & Copyright Thoughts
FEBRUARY 28, 2022
Managing Intellectual Property magazine has announced that Fish & Richardson has been shortlisted in seven categories in the 2022 Managing IP Americas Awards. In addition, six of the firm’s principals have been shortlisted for individual recognition in the “Litigator of the Year” or “Practitioner of the Year” categories.
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Broad Files Substantive Preliminary Motion No. 3 to Designate Claims as not Corresponding to Count in Interference No. 106,133
JD Supra Law
FEBRUARY 14, 2022
106,133 (which names Sigma-Aldrich as Senior Party), asking the Patent Trial and Appeal Board to designate certain claims deemed in the Declaration as corresponding to the Interference Count as not having such correspondence, under 37 C.F.R. These claims fall into five discrete categories. 3 in Interference No.
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On the Nature of Prior Art in the 35 U.S.C. § 101 Inquiry
JD Supra Law
AUGUST 11, 2021
Diehr, decided by the Supreme Court in 1981, seemed to establish a bedrock principle of statutory construction for patent law. 101 categories of possibly patentable subject matter." That proclamation appeared to slam the door shut on any consideration of novelty, or by.
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Reminder to vote for IPKat Book of the Year Awards 2021
The IPKat
JANUARY 23, 2022
Readers can vote for books in five categories: Patents, Copyright, Trade Mark, Design and general Intellectual Property. Thank you for playing nicely. Only votes for books published in 2021 will count. Please provide the editor/author's name and title of the book in your votes. Good luck!
Court Orders Monetary Sanctions after Plaintiff Fails to Provide any Response to Allegedly Overbroad Discovery Requests
The IP Law Blog
JULY 20, 2023
infringed two of its patents. Omega had asked Buergofol to identify every item of prior art and to produce all documents and things that could qualify as prior art to either of the two patents in suit. filing date in the form of one of the categories of disclosures enumerated in 35 U.S.C. §
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Patents (Amendment) Rules Draft 2021 Notified By MCI
Intepat
JULY 16, 2021
On February 9, 2021, the Ministry of Commerce and Industry (MCI) released a Notification regarding the Drafts Patent (Amendment) Rule 2021. The abovementioned regulations will take effect on the date of publication and seek to update the Patent Rules 2003. This resulted in a charge reduction of nearly 80% for such institutions.
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Whither the CCPA? The Influence of CCPA Decisions on Subject Matter Eligibility
LexBlog IP
SEPTEMBER 9, 2022
One of the requirements for patentability under United States law is subject matter eligibility, as prescribed by 35 U.S.C. § Under Section 101, an invention is eligible for a patent if it is a “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”
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Taxation of Intangible Assets
IPilogue
OCTOBER 27, 2021
Even during the COVID-19 pandemic, corporations that invested in four main categories of intangible capital—innovation, digital and analytics, human and relations, and branding—continued to maintain 2019 levels of growth. . Intellectual property is a key category of intangible assets. Intangible assets are not physical in nature.
Senators Propose New Legislation to Clarify Patent Eligibility Under 35 U.S.C. § 101
LexBlog IP
JUNE 23, 2023
On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023 , which seeks to clarify the jurisprudence surrounding 35 U.S.C. § § 101. ” A mental process performed solely in the mind of a human being. ”
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[Guest post] Reciprocity in copyright law
The IPKat
OCTOBER 30, 2023
The extent of such protection, third, does not depend on possible differences in the degree of creative freedom in the production of various categories of works. For that reason, fourth, the protection of a specific category of work is not inferior to that enjoyed by any other category of work.
US Utility Patent Application Status.
Patently-O
DECEMBER 13, 2022
This updated chart groups patent applications by filing date and then divides each group into three categories: Patented, Abandoned, and Pending. This may be due to the movement among patent attorneys to draft more technical and detailed patent applications. Look at the applications filed in early 2021).
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