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.

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Invention Patent Inventor Intellectual Property 128

Patently-O

APRIL 28, 2022

Ariad -Style Written Description : Originally filed claims may also lack written description if the four-corners of the specification fail to show the inventor was in possession. 2010) (en banc). Best-Mode : The original specification must disclose the best mode for carrying out the invention–if one is known by the inventors.

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Inventor Invention Art Litigation 105

Patently-O

AUGUST 26, 2022

2:21-cv-00126-JRG-RSP) (not available on line for free from what I can see) addressed an accused infringer’s argument that the assignment of the patent-in-suit from the sole inventor (Afana) to the plaintiff, Mobile Equity, was ineffective, and so the patentee lacked standing. Walmart (Case No.

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Ownership Inventor Patent Due Diligence 55

Patently-O

JULY 6, 2022

USPTO (Supreme Court 2022) focuses the question of whether COURTS have power to create non-statutory patentability doctrines. Does the judiciary have the authority to require a patent applicant to meet a condition for patentability not required by the Patent Act? SawStop Petition for Certiorari. Gass’s U.S.

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Patent Art Invention Inventor 74

IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. This exposes some concerns about our patent laws.

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Patent Infringement Law Patent Ownership 116

SpicyIP

SEPTEMBER 5, 2022

Moderna recently sued Pfizer alleging patent infringement of three out of eight patents that cover its Covid 19 vaccine (Spikevax). The sheer size of sales and revenue coupled with patent monopolies and the immense potential of the mRNA technology, makes both these entities King-like – rich, supreme and sometimes hypocritical.

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Litigation Patent Technology Ownership 137

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. Berkheimer, No.

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Patent Intellectual Property Invention Inventor 102

Patently-O

APRIL 27, 2024

Increase Innovation and Patent Reliance Among many other aspects, the FTC’s implementation documents assert that the non-compete ban will lead to increased innovation and a more robust patent system. One study cited in the rule, found that decreasing non-compete enforceability significantly increases the number of patents filed.

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Patent Confidentiality Business Marketing 68

Patently-O

JULY 7, 2021

I have been following the patent ownership lawsuit of Bio-Rad Laboratories, Inc. Some months later, after leaving and forming 10X, they completed the inventions and filed patent applications. Bio-Rad now argues that it has partial ownership rights to the inventions based upon the inventor’s contributions while employees.

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Invention Ownership Inventor Contracts 91

Patently-O

MARCH 13, 2024

8,671,132 (‘132 patent) unpatentable under 35 U.S.C. § Daedalus unsuccessfully argued that the PTAB erred in two respects: (1) by finding Gelb to be in the same field of endeavor as the ‘132 patent, and (2) by determining that Gelb is reasonably pertinent to the problems addressed by the ‘132 patent.

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Art Invention Inventor Patent 68

LexBlog IP

SEPTEMBER 30, 2021

While all three judges on the Court of Appeal agreed that an ‘inventor’ under the UK law must be a human being, the fact that DABUS is a machine was not immediately determinative of the outcome. Arnold LJ is the preeminent patent law specialist on the Court of Appeal. PDF 998kB] ).

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Inventor Patent Law Patent Application Invention 52

LexBlog IP

OCTOBER 18, 2021

The case arises out of a 2018 lawsuit, in which four self-described inventors of DNA Arrays brought suit against Illumina, a “multibillion-dollar, global player in genetic analysis,” alleging that Illumina and its associates conspired to steal Petitioner’s trade secrets and covertly conceal the information in patent applications.

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Patent Application Inventor Patent Infringement Invention 52

Canadian Intellectual Property Blog

JANUARY 6, 2021

Many software methods are business method patents designed to make business more efficient. Software patents, historically, were not considered patentable. As the patent office historically stated, if an invention did not have a physical existence or manifest a discernible physical effect or change, you could not patent it.

Business 52

Business Patent Invention Intellectual Property 52

Patently-O

DECEMBER 20, 2023

The ongoing reckonings with systemic racism and sexism in the United States might seem, on first glance, to have little to do with patent law. Yet scholarship on racial and gender inequality in the patent system is growing. In addition, scholars have explored racist and sexist norms baked into the content of patent law itself.

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Government Patent Law Patent Law 68

LexBlog IP

AUGUST 18, 2021

Over 1,000 Australian innovation patent applications were filed in July – an all-time record, ahead of 768 applications in June and 692 in May. Between 2010 and early 2020, there were typically between 100 and 200 innovation patent applications filed each month.

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Patent Application Patent Intellectual Property Inventor 52

43(B)log

FEBRUARY 3, 2024

Accidental” addition of medical marijuana IDs in 2010 led to rise in applications; withdrawn. Gilden: the patent side has categories for, e.g., devices for genital massage. Why the difference between patent & TM sides? PTO did a lot of work on the patent side. Some options are broad: medical services.

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Designs Design Law Design Patent 59

Patently-O

JANUARY 4, 2024

PureCircle sued SweeGen for patent infringement back in 2018, asserting U.S. Patent Nos. The patents here claim a method of making Rebaudioside X. Claims 1 and 14 of the 273 patent were treated as representative for the case: 1. However, the patents disclosed only a single species – UGT76G1. 3d 1336 (Fed.

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Inventor Invention Patent Patent Infringement 63

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 4, 2022

in the Eastern District of Texas for infringement of six patents generally related to acoustic noise suppression functionalities. [1] Samsung argued that there were potential witnesses from non-party Samsung Research America (“SRA”), three of the five named inventors, prosecution counsel for the patents, and third-party AliphCom in the NDCA.

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Litigation Patent Business Inventor 72

Patently-O

MAY 17, 2024

The outcome here shows value for the intentional use of means-plus-function limitations as a mechanism for expanding patent scope when genus claims are otherwise unavailable. Even before the decision, biotech -focused patent attorneys have been searching for ways to capture their clients innovations with broad enough coverage.

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Invention Patent Inventor Patent Application 88

LexBlog IP

NOVEMBER 16, 2022

A specification is said to provide adequate written description when it “reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter as of the filing date.” 2010) ( en banc ). 7,446,190 (the ’190 patent) were at issue in the case. ” 35 U.S.C. ” Id.

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Invention Inventor Art Patent 52

Barry Sookman

MAY 4, 2020

Is an invention autonomously generated by artificial intelligence patentable? This is a question that is being studied including by the United States Patent and Trade Mark Office (USPTO) which launched an investigation into issues associated with patenting artificial intelligence inventions. patent law, 35 USC §§ 1 et seq.

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Intellectual Property Inventor Invention Copyright 52

IP Intelligence

NOVEMBER 16, 2022

Section 112 of the Patent Act requires a patent’s specification to “contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same.”

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Invention Inventor Art Patent 52

Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.” Claims: 1.

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Invention Art Patent Designs 58

Patently-O

MAY 26, 2023

1 (1846); The Incandescent Lamp Patent , 159 U. The approach of Amgen echoes that of the Supreme Court’s 2010 Bilski decision, which advised a simple adherence to established precedents. The case involved a patent covering starch-based glue. Halliburton that was later rejected by the 1952 Patent Act. 245 (1928).

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Patent Law Inventor Patent Law 71

IP Intelligence

DECEMBER 15, 2021

law, every patent claim must be supported by an adequate written description, which conveys to those skilled in the art the nature and breadth of the invention. [1] These decisions make clear that the description of individual values within a range will not necessarily convey that the inventor had possession of the entire range.

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Inventor Art Invention Patent 52

Patently-O

NOVEMBER 30, 2021

November 30, 2021 ), the Federal Circuit has extended that metaphor and found Biogen’s patents invalid for lack of written description. held a bench trial and concluded that the asserted claims Biogen’s MS treatment-method patent invalid for lack of written description. ‘514 patent. Biogen’s U.S.

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Art Invention Patent Inventor 121

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 117

Patently-O

FEBRUARY 27, 2024

This post breaks down the guidelines and walks through some potential strategies for patent applicants. 2010) (SCT “directed us to construe the scope of analogous art broadly”); Airbus S.A.S. It will be interesting to see whether the rates go up even further following this new guidance. Reiterating the Central Role of Graham v.

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Art Invention Patent Application Patent 121

LexBlog IP

DECEMBER 15, 2021

law, every patent claim must be supported by an adequate written description, which conveys to those skilled in the art the nature and breadth of the invention. [1] These decisions make clear that the description of individual values within a range will not necessarily convey that the inventor had possession of the entire range.

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Inventor Art Invention Patent 52

SpicyIP

MARCH 29, 2024

Controller of Patents made some notable observations on amendment of claims in a PCT application and Section 3(h) of the Patent Act. Controller of Patents. Second, procedure for amendment of claims under Section 59 of the Patent Act, 1970 (Act). Third, patentability of a method of agriculture- the issue of Section 3(h).

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Invention Patent Application Patent Copying 52

IP and Legal Filings

APRIL 5, 2022

“Developed countries exploit biotechnology patents to expropriate the biological or genetic heritage of less developed countries,” according to the term “biopiracy.” Corporations may become aware of these applications and want to patent and market them for their own benefit.

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Invention Inventor Patent Business 64

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Court, before the U.S.

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Intellectual Property Journalism Intellectual Property Law Litigation 52

Selvam & Selvam Blog

AUGUST 11, 2023

In what appears to be an almost exasperated tone, the Hon’ble Judge prefaced the order by stating that the Court never “ceases to be surprised” at the kind of orders which come before it, from the office of the Registry of Trade Marks/Controller General of Patents. In April this year, the Delhi HC in Blackberry Ltd v.

IP 52

IP Intellectual Property Due Diligence Trademark 52

IP and Legal Filings

APRIL 5, 2022

Bio Piracy Of Pharmaceutical Industry In India”Developed countries exploit biotechnology patents to expropriate the biological or genetic heritage of less developed countries,” according to the term “biopiracy.” Publications describing this approach, however, were not considered prior art for the US patent.

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Invention Inventor Patent Business 52

LexBlog IP

OCTOBER 31, 2022

Patent Application No. 2010/0128588 (Shuman) is directed to a Halloween greeting system for prompting young children to remember to say “trick or treat” and “thank you.” ” The inventor, who was also a patent attorney, must have been irked by rude trick-or-treaters. For example, U.S.

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Invention Patent Application Art Social Media 52

IP and Legal Filings

MARCH 2, 2023

McQuewan [ii] , wherein the United States Supreme Court drew a distinction between procuring a patented machine and securing a license to use the patent’s rights. The authority to manufacture, use, sell, and import the patented products into that nation are all included in these exclusive protections. LG Electronics, Inc.,

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Intellectual Property IP Marketing Marketing 72

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.

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