Patently-O

MARCH 8, 2022

In 1982, the USPTO began charging a surcharge for patent applications that included >3 independent claims and >20 total claims. The chart below shows the percent of patents that I call “jumbo patents”–those with >50 claims (orange) and >100 claims (dashed-blue). by Dennis Crouch.

Patent 124

Patent Inventor Patent Application 124

IP Law 360

FEBRUARY 28, 2024

The Federal Circuit ruled Wednesday that MasterCard will have to continue litigating against a patent litigation outfit that the credit card company has been fighting for almost a decade over language in a 2005 patent licensing agreement, with one judge pointing out that the case "illustrates the importance of carefully reviewing the language in a (..)

Patent 52

Patent Litigation Licensing 52

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.

Patent 105

Patent Intellectual Property Inventor Government 105

IP Law 360

MAY 14, 2024

The Federal Circuit opted Tuesday not to say whether a 2005 public health law provides any legal immunity in a patent dispute between rival manufacturers of COVID-19 test swabs, leaving the thorny question unanswered.

Law 52

Law Patent 52

IP Close Up

FEBRUARY 13, 2024

Between 2005 and 2020 the number of U.S. design patent grants almost tripled. The increased focus on product form (“look”) as a part of function, Continue reading

Design Patent 74

Design Patent Designs Design IP 74

Patently-O

FEBRUARY 7, 2023

Mo 2023) Bayer and its subsidiary Monsanto have filed a new set of patent infringement lawsuits against farmers who saved seeds and replanted them in violation of Monsanto Roundup Ready patents and license agreements. Monsanto’s original patents on genetically modified plants have all expired. Pierce, et al.

Litigation 74

Litigation Patent Patent Infringement Contracts 74

IP Watchdog

MAY 24, 2022

Patent and Trademark Office (USPTO) office actions on the merits, a patent applicant has the option to appeal the patent examiner’s decision rejecting one or more claims to a higher forum, i.e., the Patent Trial and Appeal Board (PTAB). After two or more U.S. Why make this request? What are the pros and cons?

Patent Application 133

Patent Application Patent Trademark Patent Prosecution 133

IP Watchdog

FEBRUARY 6, 2023

Specifically, the case law indicates a patent that is being asserted is unenforceable when the patentee caused an unreasonable and unexplained delay in prosecution of the patent. Case law has defined prosecution laches as an affirmative defense against an infringement assertion. Symbol Tech v Lemelson Medical, No. 04-1451 (Fed.

Patent 69

Patent Law Patent Prosecution Inventor 69

SpicyIP

FEBRUARY 18, 2024

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. Can Section 3(d) be applied to a non pharmaceutical invention? if yes, what can be ‘efficacy’ for such a subject matter? The MHC in Novozymes v.

Patent 111

Patent Invention Litigation Designs 111

IP Watchdog

NOVEMBER 5, 2021

This week in Other Barks & Bites: the Federal Circuit clarifies the “reasonable expectation of success” standard while reversing the PTAB’s obviousness determination regarding patent claims covering a method of photoinactivation of Gram-positive bacteria; Senator Tillis raises concerns about Judge Alan Albright with the USPTO and Chief Justice (..)

Copyright 105

Copyright Patent Government Technology 105

IP Law 360

JANUARY 8, 2024

A federal judge in Oakland dismissed a Finnish executive's infringement case against Netflix, finding Monday that the patent had actually been sold off in 2005 and rejecting arguments that cited Scandinavian ownership disputes involving unclaimed shipwrecks and piles of leather found "in a waste pile."

Ownership 52

Ownership IP Patent 52

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.

Patent 72

Patent Patent Application Intellectual Property Law 72

SpicyIP

SEPTEMBER 19, 2023

Image from here The Draft Patent (Amendment) Rules, 2023 is quite the mixed bag. The Indian patent prosecution stage holds a very important spot in the overall patent regime of the country. Union of India where the Delhi High Court observed the delay in patent prosecution owing to both the applicants as well as the opponents.)

Patent 98

Patent Patent Prosecution Patent Application Publishing 98

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

Patent Infringement 119

Patent Infringement Patent Patent Application Intellectual Property 119

Patently-O

SEPTEMBER 1, 2023

Patent and Trademark Office (USPTO) has called their 2.4 million square foot headquarters in Alexandria, Virginia home since 2005. I remember first visiting HQ way back then and thinking of the potential benefits of having a patent law office in an adjacent building.

Patent Law 115

Patent Law Patent Trademark Law 115

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.

Patent 69

Patent Reporting Government Ownership 69

IPilogue

JULY 12, 2022

Demanding a jury trial, the 62-page complaint alleges that Nike has conducted nine counts of patent infringement relating to Adidas’ GPS, sensor and wearable technologies. The company claims that this is an infringement of Adidas’ existing patent for an “intelligent footwear system” that senses and adjusts the comfort of the shoe when worn.

Technology 119

Technology Patent Infringement Intellectual Property Patent 119

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. ,

Patent Law 97

Patent Law Law Patent Invention 97

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.

Patent 52

Patent Patent Application Government Reporting 52

Olartemoure Blog

MARCH 1, 2024

We share some of the patents that protect this inventions: CONVERTIBLE WHEELCHAIR AND SEPARATE LIFT MODULE FOR CONNECTING TO AND ELEVATING THE WHEELCHAIR US6866288B2 Inventor: Willis Martin Assignee: Martin Manufacturing Co LLC Date of Patent: Mar. Assignee: Pride Mobility Products Corp Date of Patent: Feb. Antonishak.

IP 105

IP Inventor Intellectual Property Invention 105

Patently-O

SEPTEMBER 21, 2022

The chart above shows the number of disclaimed/dedicated patents per year going back to 1995. As you can see, FY2022 is figuratively off the charts–almost triple any year since 2005. Every year it has been a relatively small number, and for each instance there is usually some strategic reason for the disclaimer.

Patent 77

Patent 77

IP Law 360

OCTOBER 27, 2021

Internet phone company Vonage has been accused of infringing a 2005 patent for cordless call technology in Delaware federal court, following the filing of similar lawsuits against several other companies.

Patent 40

Patent Technology 40

SpicyIP

SEPTEMBER 18, 2023

Highlights of the Week Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them in the First Place Changing substantive safeguards through procedural amendments. That’s perhaps the best way to summarize the recently proposed Draft Patent Amendment Rules.

Trademark 105

Trademark IP Intellectual Property Government 105

LexBlog IP

DECEMBER 15, 2023

Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions. Teleflex Innovations S.A.R.L. , § 102(e).

Art 52

Art Inventor Invention Patent 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.

Editing 52

Editing Patent Inventor Invention 52

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.”

Patent 97

Patent Patent Infringement Copying Technology 97

IPilogue

JULY 7, 2022

However, the USA appears to use patent protections as a sword to attack and acquire large market shares, instead of as a shield to protect from other companies’ encroachment on another’s IP. The patent office’s enforcement and issuance process greatly impacts the number of competitors that can enter a market. Purpose of Patents.

Patent 59

Patent Marketing Marketing Business 59

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.

Designs 40

Designs Design Patent Invention 40

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. Mangrove Partners Master Fund, No.

Patent Law 74

Patent Law Law Patent Art 74

Patently-O

MAY 25, 2023

2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide catheter used in interventional cardiology procedures. In an attempt to invalidate these patents, Medtronic launched a succession of Inter Partes Review (IPR) petitions. Patent 7,736,355 (“Itou”) could be regarded as prior art.

Invention 71

Invention Inventor Art Patent Application 71

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. 127 patent, col.

Art 130

Art Invention Patent 130

Patently-O

JANUARY 22, 2022

I held a contest and Apple wins–for having the patent with the largest number of cited prior art references (patents issued 2005-2021). The application claims priority back to a 2016 provisional application and has three additional family member patent already issued. Apple’s U.S.

Art 77

Art Patent 77

Patently-O

APRIL 6, 2022

Chris Holman to Patently-O. He’ll be writing about biotech patent law issues as they arise from time to time. Holman worked as a patent law professional for a decade–both at law firms and in-house at start-up biotech firms. Holman became a law professor in 2005 and has written extensively about biotech IP issues.

Patent Law 55

Patent Law IP Law Patent 55

Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

Invention 128

Invention Patent Inventor Intellectual Property 128

SpicyIP

AUGUST 3, 2023

Kurian’s trail of transparency, discussions about authors and copyright societies, updates on the international IP landscape, or the hustle and bustle of the domestic IP domain, including Statements of Patent (Non-)Working, the journey through Junes had its own jilts and joys. The issue has simmered on SpicyIP pages since 2007.

Registration 98

Registration IP Copyright Blogging 98

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.

Reporting 140

Reporting Patent Law Law Patent 140

The IPKat

SEPTEMBER 16, 2021

It was published in 2005 – a bit aged – but it still stands as the visible fruit of the MPI’s Asian Department, which was founded in 1975. From 2000 to 2005, the department published 12 volumes in the Asian studies series, demonstrating the institute’s policy and dedication to Asia.

Intellectual Property Law 130

Intellectual Property Law Intellectual Property Editing Law 130