SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Image from here A ‘Captured’ Patent Office? Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office. Prashant Reddy T.

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Patent Patent Application Government Reporting 52

Garrigues Blog

JULY 26, 2023

The Danish company SNIPR Biome, which researches and develops CRISPR-based microbial gene therapy, has obtained a favorable decision in defense of its patents. However, this new system is not retroactive and is applicable to patents or patent applications containing claims with a filing date as from March 16, 2013.

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Editing Patent Inventor Invention 52

Selvam & Selvam Blog

AUGUST 28, 2023

The legal case of Syngenta Limited vs. Controller Of Patents And Designs revolves around the interpretation of Section 16(1) of the Indian Patents Act. Background: Syngenta Limited filed an original patent application in 2005, detailing an invention concerning agrochemical concentrates.

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Designs Design Patent Invention 40

SpicyIP

FEBRUARY 18, 2024

Can Section 3(d) be applied to a non pharmaceutical invention? Controller of Patents and Designs made some interesting observations on these issues. Amit is a registered Patent Agent and is currently part of IP litigation team at Sun Pharmaceuticals. if yes, what can be ‘efficacy’ for such a subject matter?

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Patent Invention Litigation Designs 111

Intellectual Property Law Blog

JULY 31, 2023

Background The ’127 patent is directed to an invention that provides stable nucleic acid-lipid particles (“SNALP”) that have non-lamellar structure and “comprise a nucleic acid … methods of making SNALP, and methods of delivering and/or administering the SNALP.” ’127 127 patent, Abstract. 127 patent, col. 44-60; col.

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Art Invention Patent 130

SpicyIP

AUGUST 1, 2021

The Report focuses on reviewing the working of the Patents Act since its 2005 amendment that brought the Indian legislation in compliance with the TRIPS Agreement. A significant portion of the Report is dedicated to suggesting changes to the Patents Act, albeit without much justification on why these changes are needed.

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Reporting Patent Law Law Patent 140

SpicyIP

JANUARY 20, 2023

COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues Last month, the patent battle between COVID-19 mRNA vaccine manufacturers continued with BioNTech/Pfizer filing a strong defense and counter-claim to Moderna’s allegations of patent infringement. Patent no. ’127

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Patent Infringement Patent Patent Application Intellectual Property 119

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. She has been working in the field of access to medicines, patents and IP for more than a decade.

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Patent Patent Application Intellectual Property Law 72

Patently-O

OCTOBER 10, 2022

Today in Patent Law Class, we covered the Supreme Court’s important decision in Markman v. 370 (1996) focusing on the question of whether the patentee has a 7th Amendment right to have a jury decide “genuine factual disputes about the meaning of a patent?” by Dennis Crouch. Westview Instruments, Inc., Sandoz, Inc. ,

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Patent Law Law Patent Invention 97

Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine.

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Patent Law Law Patent Art 73

Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127. 101, 102, 103, and/or 112.”

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Patent Patent Infringement Copying Technology 97

SpicyIP

NOVEMBER 9, 2023

Interestingly, the first patent for Sirturo was filed on 18/07/2003 ( PCT/EP2003/050322 ), meaning it is (more than) 20 years since their first filing. And earlier this year, the Indian patent office rejected their attempt to file a secondary patent on the drug. They have also not specified which patents are covered by this.

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Patent Reporting Government Ownership 69

LexBlog IP

APRIL 20, 2023

Last month the Federal Circuit affirmed a PTAB inter partes review (IPR) decision finding that the University of Minnesota’s patent claim directed to the anti-cancer drug sofosbuvir was not adequately supported by the written description in the applications to which it claimed priority. Gilead Sciences , Inc.

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Patent Inventor Invention Art 52

SpicyIP

FEBRUARY 23, 2023

In fact, a very similar ‘invention’ was made by Remya Jose, a 10 th grade school student from rural Kerala, in the early 2000s. Efforts were made to commercialise this innovation – re-designing to lower costs, a patent was filed, licensing and royalty sharing agreements were entered into, but mostly in vain, at least in India.

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Marketing Marketing Invention Patent 126

Patently-O

SEPTEMBER 6, 2023

Patent Nos. These patents claim methods and systems for exchanging frequency information between a mobile station and a mobile switching center to facilitate switching a mobile device’s connection point within a cellular network. The term is used throughout both the patent specification and the claims. 22-1387 (Fed.

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Art Invention Patent 113

Patently-O

MARCH 7, 2023

Going forward, a patentee might avoid this particular problem with some patent attorney tricks. patents assert priority to at least one prior patent application filing. In addition to the formal paperwork, the original application must sufficiently disclose the invention as claimed in the later patent.

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Invention Patent Application Patent Art 116

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. However, different countries have different patentability requirements and prosecution schemes, and these differences.

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Patent Prosecution Invention Inventor Patent 75

Patently-O

DECEMBER 24, 2022

A branded drug manufacturer can sometimes extend its exclusive right to market a drug by patenting a method of using the drug and successfully suing a potential generic competitor for infringement based on the premise that an instruction or warning appearing on the generic product’s label will induce doctors and/or patients to infringe the patent.

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Patent Marketing Marketing Invention 58

SpicyIP

MARCH 4, 2024

Controller Gen of Patents: The DHC’s Dilemma of Identifying the Method of Treatment under Section 3(i) of the Patent Act In the context of Section 3(i), the DHC recently clarified that a ‘method of treatment’ is distinct from a ‘method of producing a substance’ that can later be used in the treatment.

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Invention Trademark IP Patent 59

IIPRD

FEBRUARY 19, 2021

Recently, the office of Controller General of Patents, Designs & Trade Marks granted a patent to a ragi walnut soup mix prepared by the 52-year old woman, Shubhangi Patil. In her patent application, she claimed that her soup is free from preservatives and artificial additives. It should be non-obvious or an inventive step.

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Patent Invention Public Domain Patent Application 40

SpicyIP

JULY 5, 2021

In Rajeev Kumar vs Jamia Millia Islamia (12th April 2021), an extremely interesting tussle was seen with the copyright over a thesis being pitted against a person’s right to obtain information under the Right to Information Act, 2005. 12 ) or anywhere else, because granting of patents necessarily includes publication of invention.

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Patent Application Invention Confidentiality Copyright Law 131

Patently-O

MARCH 27, 2024

highlights tensions in the court’s interpretation of the patent infringement safe harbor under 35 U.S.C. § 271(e)(1) provides an exemption from patent infringement liability for certain activities related to seeking regulatory approval of drugs and medical devices. 193 (2005). Meril Life Sciences Pvt. 271(e)(1).

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Patent Infringement Patent Law Invention 44

Patently-O

NOVEMBER 11, 2021

We do a moot court competition every year in my basic patent law course at the University of Missouri. This year’s case is based directly on Judge Gilstrap’s recent patent eligibility decision in Mad Dogg Athletics v. As you think about this case, consider claim 1 of the ‘240 patent: 1. by Dennis Crouch.

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Law Invention Patent Patent Law 80

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.”

Patent Law 52

Patent Law Invention Patent Application Art 52

Patently-O

APRIL 11, 2022

Patent law’s definiteness requirement is derived from the requirement that patent claims “particularly pointing out and distinctly claiming the subject matter” of the invention. 2005) (there must be some “objective anchor”). ” Nautilus, Inc. Biosig Instruments, Inc. , 898 (2014).

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Patent Reporting Licensing Designs 83

Patently-O

APRIL 10, 2022

The decision offers solace to careful patent prosecutors that the courts should not unduly extrapolate upon arguments distinguishing the prior art. 2005)(en banc). the examiner accepted a distinguishing argument and issued the patent — leading to the case at hand. 6,219,730 stems from his invention of a “voice mouse.”

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Invention Art Litigation Patent 80

Patently-O

AUGUST 22, 2023

605 (1950) is one of the court’s most cited patent cases. Linde Air Products held a patent on welding fluxes using alkaline earth metal silicates. US Patent No. The decision thus reestablished that products need not infringe literally to infringe a patent. 2005) and Depuy Spine, Inc. Linde Air Products Co. ,

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Patent Prosecution Patent Invention Art 52

LexBlog IP

JULY 31, 2023

Background The ’127 patent is directed to an invention that provides stable nucleic acid-lipid particles (“SNALP”) that have non-lamellar structure and “comprise a nucleic acid. ” ’127 patent, Abstract. ’127 patent, col. ’127 patent, col. 44-60; col.

Art 40

Art Invention Patent Intellectual Property 40

Patently-O

FEBRUARY 29, 2024

Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” 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.

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Licensing Contracts Patent Law Patent 52

IP and Legal Filings

MARCH 29, 2022

“Intellectual Property” refers to mental creations such as inventions, literary and creative works, as well as symbols, names, and pictures utilised in business. However an innovation is not eligible to enjoy both trade secret and patent protection which was observed by Delhi High Court in case of Prof.

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Intellectual Property Intellectual Property Law Artistic Work IP 52

The IPKat

FEBRUARY 8, 2022

Article 118 EPC states that, where the applicants for a European patent are not the same for different contracting states of the EPO, they shall be regarded as joint applicants and that unity of the application will thus not be affected. The cases cited in the referrals both stemmed from the PCT application WO 2005/110481 (P2).

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Inventor Designs Design Patent Application 128

LexBlog IP

OCTOBER 27, 2022

The joint proposal also requires that Biogen elect, by November 18, 2022, up to 5 patents and up to 10 claims to be asserted as part of the preliminary injunction. Biogen alleges infringement of twenty-eight patents under the BPCIA based on Sandoz’s submission of an aBLA for PB006, a proposed biosimilar of TYSABRI (natilizumab).

Marketing 52

Marketing Marketing Intellectual Property Patent 52

Patently-O

NOVEMBER 17, 2022

The chart below highlights an important trend in patenting: increased joint-inventorship where the inventors reside in different countries. The top (blue-circle) series looks generally at cross-border joint-inventing while the lower (orange-square) series reports a subset where at least one of the inventors has a US residence.

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Invention Inventor Patent Application Reporting 73

The IPKat

OCTOBER 24, 2022

The Patent Gods aren not always benevolent forces, however. The case raises the importance for patent attorneys and litigators alike - it is good to be armed with a suite of narrower dependent claims in prosecution or conditional amendment in litigation. There are two main embodiments in the Patent. Here is what happened.

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Invention Patent Litigation Patent Application 40

Patently-O

AUGUST 22, 2022

The petition asks two question that I have reframed here: Examiner Deference : Should any deference be given to patent examiner actions or statements when determining indefiniteness? The NSS inventions relates to computer graphics rendering and claims a method of performing Boolean operations on facets of geometric objects.

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Patent Litigation Law Invention 54

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. Author: Amit Tailor.

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Patent Application Invention Patent Reporting 119

LexBlog IP

OCTOBER 19, 2021

Recent Federal Circuit decisions call into question the value of patents broadly claiming inventions on antibodies and their function in treating debilitating diseases. 16, 2021), the Federal Circuit again dealt with patents broadly claiming antibodies. In Teva Pharmaceuticals Int’l GmbH v. Teva argued neither existed.

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Invention Licensing Art Patent 52