LexBlog IP

NOVEMBER 9, 2023

” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. 9,980,498 (the “’498 Patent”). Iolab Corp.

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Intellectual Property Law Blog

OCTOBER 6, 2023

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § Background In 2011, Congress passed the AIA, which transformed the U.S.

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Invention Patent Application Inventor Government 162

Patently-O

MAY 19, 2022

Cheyer & Martin (but not Moran) file for patent protection on aspects of the OAA that were not fully disclosed within the original publication. IPR proceedings are limited to challenges anticipation and obviousness challenges and only those based upon prior patents & printed publications. January 5 & March 17, 1999.

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Invention Inventor Art Patent 54

Patently-O

SEPTEMBER 20, 2022

Vidal offers potential for future development on the law of invention and inventorship. . In my view, it is unquestionable that AI regularly contribute to inventive concepts so substantially as to be named joint-inventors alongside their human counterparts, if it were permitted. 100(f)/(g) (2011). by Dennis Crouch.

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The IPKat

DECEMBER 31, 2021

The EPO has launched a user consultation on grace periods for patents, the results of which will be published in early 2022 ( EPO press release ). The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent filing. 102(b)(1)(A) ).

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Patent Inventor Patent Application Art 131

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. See [link].

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Patent Law Law Inventor Patent 94

LexBlog IP

FEBRUARY 7, 2022

24, 2021), the Federal Circuit affirmed a Patent Trial and Appeal Board’s final decision canceling claims in Indivior’s patent claiming a polymer matrix-containing film. Here the prior art was none other than the Patent Office’s publication of one of the claimed priority applications. wt % to about 58.6

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IP.com

JANUARY 29, 2024

Over the last decade, the total annual patent applications submitted to the United States Patent and Trademark Office (USPTO) each year is over 600,000 applications. The fastest patent review process time is 6-12 months if fast-tracked via Track One , with the average taking up to 22 months.

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Patently-O

APRIL 28, 2022

In particular, the original specification must show ‘possession’ of the newly claimed invention. 132(a) (“No amendment shall introduce new matter into the disclosure of the invention.”). 282 (as amended by AIA 2011). During prosecution, this is also captured under 35 U.S.C. Ariad Pharmaceuticals et al.

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Patently-O

MARCH 7, 2024

Celanese began selling the product on the competitive market in 2011, and eventually decided to file for patent protection on its manufacturing process in 2015. 102, a patentee’s pre-filing sale of a product made by a secret process starts the one-year clock for patenting that process. In my prior post on Celanese v.

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IP Watchdog

SEPTEMBER 19, 2021

Now that the 10th anniversary of the America Invents Act (AIA) has passed, we can look back not only at the past decade, but also the reactions of various interested parties and how they responded to that anniversary. patent laws enacted on September 11, 2011; one relating to the U.S.

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Patently-O

OCTOBER 6, 2021

Patentee wins this one–with the Federal Circuit reversing the district court and finding the claims on patent-eligibility under Alice step-two. 2011 priority filing date). This is another case that serves as a data-point, but I struggle to differentiate it from similar cases finding claims ineligible. CosmoKey’s U.S. step two.

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The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject? Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

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TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

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LexBlog IP

OCTOBER 6, 2023

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § Background In 2011, Congress passed the AIA, which transformed the U.S.

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Invention Patent Application Inventor Government 52

LexBlog IP

MARCH 23, 2022

Micro Entity Status: Qualifying to Reduce Patent Fees. Are you a small business or an individual inventor filing for a patent in the U.S.? If so, keep reading to learn about how you can reduce your patent fees through micro entity status. How to reduce your patent fees. Free patent consultations.

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IPilogue

SEPTEMBER 6, 2022

The IP principle that abstract ideas cannot be patented has often been misapplied to the development of software, often boiling down to concluding software to be unpatentable. However, which parts of software are patentable, and which parts are not? Applicants must meet certain requirements for a software patent to be issued.

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IP Law Patent Patent Application 59

Larson & Larson

JUNE 1, 2021

It can make you want to tear your hair out if your patent gets rejected, but that won’t help you achieve your dreams. Another step is asking for an interview with the patent examiner to get an explanation. . Some common reasons for rejection include obviousness, lack of novelty, and a lack of patentability.

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Patently-O

NOVEMBER 28, 2023

by Dennis Crouch The Patent Trial and Appeal Board recently designated as precedential a portion of its Penumbra v. RapidPulse decision in that provides important guidance on the use of a provisional patent application’s filing date for 102(a)(2) prior art under the America Invents Act. Penumbra, Inc. RapidPulse, Inc.

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Canadian Intellectual Property Blog

JULY 21, 2020

Similarly, with many inventors focusing on technologies that either help resolve or mitigate environmental impacts, or conserve the natural environment and resources that are present, perhaps it is a good time to turn our attention towards the intersection of patent rights and the environment.

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LexBlog IP

AUGUST 19, 2021

Smith & Nephew, Inc , the Supreme Court determined that the structure of Administrative Patent Judge (“APJs”) appointments—or lack thereof—was unconstitutional and took it upon itself to restructure the Patent Office’s chain of command. This makes removing patents far easier.

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IPilogue

JULY 9, 2021

Supreme Court recently decided that the doctrine of assignor estoppel—the judge-made law that prevents an assignor, if sued for IP infringement by the assignee, from contesting the title or validity of the IP it transferred—applies to the assignments of patents in Minerva Surgical, Inc. v Hologic, Inc., 594 US (2021). 1] The U.S.

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The IPKat

JULY 30, 2021

For his parting post, he returns to Germany and patent injunctions. As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here , earlier Katpost here , news coverage here ]. here and here ].

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Patent Law Law Patent Intellectual Property 95

Canadian Intellectual Property Blog

NOVEMBER 15, 2021

Unfortunately, what is good for the sharing of information is often not good for the patenting of inventions that arise from the research and products presented at these conferences. The poster, together with information found in other sources of prior art, were enough to find the patent claims in question obvious and invalid.

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Art Invention Intellectual Property Intellectual Property Law 52

IP and Legal Filings

JANUARY 10, 2023

The world is witnessing multiple new inventions every passing minute and a boom in popularity of the Metaverse. The leaders of the tech world have claimed that metaverse is not merely the next invention or part of the future rather it is the future itself. Patents within Metaverse. In another case of TATA Sons V.

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LexBlog IP

MARCH 18, 2022

On February 28, 2022, the Patent Trial and Appeal Board (“ PTAB ”) issued a decision on priority in an interference proceeding between the Broad Institute, Inc. Patent Application No. The inventors listed on Broad’s patent are Feng Zhang, Ph.D., The Regents of the University of California v. 15/981,807.

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Patently-O

JUNE 28, 2022

The following year, Congress passed the first patent act that was then signed-into law by President George Washington. Swanson, Making Patents: Patent Administration, 1790-1860 , 71 Case W. That said, patenting by women was at an extremely low level. patent system. See, Kara W.

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Patent Law Law Inventor Patent 134

Patently-O

SEPTEMBER 15, 2021

Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). She spent a decade at Google leading their patent team. . Many of the AIA reforms strengthened our patent system. with the rest of the world.

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IIPRD

APRIL 28, 2023

While the goal of IPR law is to preserve inventors’ rights over their creations, the goal of competition law is to maintain effective market competition by prohibiting anti-competitive acts and the misuse of dominant positions. IPR law’s goal has been changed from defending individual inventors to promoting new ideas. [2]

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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. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed. to correct inventorship rights under 35 U.S.C. § Iolab Corp. ,

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IPilogue

JANUARY 10, 2022

Part 1: The Four Pillars of Patentability. Part 2: A Beginner’s Guide to Patenting Software and Artificial Intelligence. Patenting software, and inventions related to Artificial Intelligence (AI) and machine learning, known as computer-implemented inventions (CII) in patent lingo, is a complicated and evolving area.

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Invention Patent Intellectual Property IP 104

LexBlog IP

FEBRUARY 22, 2024

Similar to other jurisdictions, a patent in Canada is granted for one invention only. Accordingly, in instances where multiple inventions are claimed in a single application, it may be necessary to parse out the inventions and protect them by filing divisional applications. In Consolboard Inc. ,

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LexBlog IP

JUNE 14, 2023

Hormel Foods Corporation (22-1696) where the appellate panel found the purported inventor’s contribution to be “insignificant in quality. when] measured against dimension of the full invention,” the panel in Blue Gentian, LLC v. Patent Nos. The district court agreed that Ragner should be added as an inventor.

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Patently-O

NOVEMBER 11, 2022

Sanofi , marking the first time that the Court has taken up patent law’s enablement requirement since enactment of the Patent Act of 1952. patent law’s primary non-prior art-based limitations on claim scope. As reported in posts by Dennis and Jason , the Supreme Court recently granted certiorari in Amgen v. O’Reilly v.

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LexBlog IP

JUNE 15, 2022

1, it, he made inventive contributions and started the inventive process. One need only look at a recent Australian case also involving Thaler , where he was trying to establish an AI program as an inventor entitled to recognition under the patent laws. ” Feist Publications, Inc. Vidal , Case No.

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Intepat

NOVEMBER 2, 2023

The extensive spectrum of discussions included diverse facets, from intellectual property filings to inventions, and ventured into the complex realms of legality, ethics, and geopolitics. The number of patent submissions from India has witnessed substantial growth, more than doubling between 2011 and 2021.

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Patentably Defined

JUNE 7, 2012

103 limit patent protection to claimed subject matter that would have been nonobvious to a “person of ordinary skill” in the claimed field of endeavor at the time of filing. 2011); In re Bigio , 381 F.3d The rationale behind this rule is a simple one – no inventor could possibly be aware of every teaching in every art.

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