Patently-O

DECEMBER 12, 2022

The America Invents Act became law in September 2011, but the first-to-invent provisions only took effect for patent applications filed after March 16, 2013. We apply pre-AIA status so long as every claim within the chain-of-priority has an effective filing date prior to the March 2013 date. AIA § 3(n).

Patent Application 114

Patent Application Publishing Invention Patent 114

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

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.

Inventor 52

Inventor Patent Application Patent Technology 52

LexBlog IP

APRIL 20, 2023

Other countries generating significant volume of hydrogen patents include United Kingdom, Switzerland and Canada. In terms of industries that file most hydrogen patent application, the automotive and the chemical industries have gained the strongest momentum regarding innovation and patenting.

Patent 52

Patent Patent Application Technology Reporting 52

Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

Design Patent 134

Design Patent Designs Design Patent 134

Patently-O

OCTOBER 4, 2021

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. Who’s Suing Us? AIAAmbiguities ). derivation.pdf ).

Art 126

Art Journalism Patent Law Invention 126

SpicyIP

JANUARY 10, 2023

Usually, these orders concerned the lack of appropriate reasons and justifications in part of the IPO, while rejecting a patent application.

Patent Application 111

Patent Application Reporting Patent Art 111

Patently-O

OCTOBER 4, 2021

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. Who’s Suing Us? AIAAmbiguities ). derivation.pdf ).

Journalism 105

Journalism Art Patent Law Invention 105

Indiana Intellectual Property Law

MARCH 21, 2023

Since launching their website in 2011, Disintermediation has handled over one million chat messages. According to the Complaint, DSI’s software includes numerous technological improvements that were captured in a family of patent applications. In 2022 the United States Patent and Trademark Office issued Patent No.

Patent Infringement 52

Patent Infringement Litigation Patent Patent Application 52

LexBlog IP

AUGUST 26, 2021

Defendants may argue that a patent is unenforceable in light of inequitable conduct committed during prosecution of the underlying patent application, but the standard to meet the requisite inequitable conduct to warrant unenforceability is supposedly higher after Therasense, Inc. Becton, Dickinson & Co. , ”).

Patent Application 52

Patent Application Litigation Patent Intellectual Property 52

IPilogue

SEPTEMBER 6, 2022

The short answer is that while lines of code are not patentable, software can be patentable if it is useful and can be susceptible to commercialization. Canada’s Patents Act and the Manual of Patent Office Practice (“MOPOP”) both guide the Canadian Intellectual Property Office (“CIPO”) in issuing patents.

IP 59

IP Law Patent Patent Application 59

The IPKat

DECEMBER 31, 2021

Legal Background: Grace Periods According to Article 54 EPC , the state of the art for determining novelty constitutes everything that was made available to the public before the priority date of the patent application, regardless of whether the applicant/inventor was responsible for the publication. 102(b)(1)(A) ).

Patent 131

Patent Inventor Patent Application Art 131

LexBlog IP

JANUARY 29, 2022

The leading Australian resident patent recipients were the Commonwealth Scientific and Industrial Research Organisation (CSIRO), with 48 patents (coincidentally, the same as the number of new standard patent applications it filed in 2021 ) and Aristocrat Technologies, with 47 patents, placing them 23 rd and 24 th respectively.

Patent 52

Patent Patent Application Technology Publishing 52

SpicyIP

JANUARY 11, 2022

Section 3(b) provides that “an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment” will not be considered an invention for the purposes of the Patents Act. a tobacco company.

Invention 119

Invention Patent Art Patent Application 119

Patently-O

DECEMBER 20, 2022

Mosaic presented testimony of its founder (Kaminski) that the SMCII product was on-sale more than 1-year before Ridge’s application filing date. Mosaic also corroborated that testimony with invoices showing the SMCII was sold at a trade show in 2011.

Art 124

Art Branding Brands Branding 124

LexBlog IP

OCTOBER 6, 2023

. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g). Background In 2011, Congress passed the AIA, which transformed the U.S.

Invention 52

Invention Patent Application Inventor Government 52

Selvam & Selvam Blog

AUGUST 28, 2023

Controller Of Patents And Designs revolves around the interpretation of Section 16(1) of the Indian Patents Act. The case raises questions about the requirement of containing claims relating to multiple inventions in the parent application and its applicability to both suo moto and Controller-objection-based filings.

Designs 40

Designs Design Patent Invention 40

Patently-O

SEPTEMBER 6, 2022

Here, the basis of Silbersher claim stem from the prosecution history files of the Allergan patent applications. On appeal, the Federal Circuit concluded that the patent prosecution files stemmed from an administrative hearing and thus qualifies as an “other Federal … hearing.” 3730(e)(4)(A) (2010).

Patent Law 61

Patent Law Law Patent Prosecution Patent 61

Patently-O

FEBRUARY 16, 2023

by Dennis Crouch Bottom line in this new Minerva case — file your patent application before bringing a new product to a trade show. Minerva’s ‘208 patent claims a device for endometrial ablation and includes a 2011 priority filing date. Still, the whole head needs to be collapsible as well.

Public Use 69

Public Use Invention Patent Business 69

Garrigues Blog

APRIL 19, 2021

For an invention to be protected as a patent, three requirements must be met, the so-called “patentability requirements”, which are examined by the different national authorities where protection is sought: Novelty: The invention cannot have been disclosed anywhere in the world before the filing date of the patent application.

IP 52

IP Patent Patent Application Invention 52

LexBlog IP

JULY 21, 2021

Interestingly, despite innovation generally being on the rise, 2020 saw a very slight decrease (-2%) in the number of patents filed in Australia. Of the 29,293 patent applications filed, the vast majority were filed by non-residents. Standard Patent Applications and Grants. Innovation Patents. Key Takeaways.

Reporting 52

Reporting IP Patent Application Registration 52

LexBlog IP

SEPTEMBER 15, 2022

The USPTO has had an accelerated examination program known as “Track-1” since 2011. The program allows patent applicants to advance a patent application out-of-turn such that a determination can be made within 12 moths of filing. Examination Quality vs Speed.

Litigation 52

Litigation Patent Application Designs Design 52

The IP Law Blog

NOVEMBER 9, 2023

In 2011, Hormel filed a patent application for the two-step process, omitting HIP’s involvement. The ‘498 Patent was issued from this application in 2018. Hormel conducted testing at Unitherm and later at Hormel. Also, Howard was not named as an inventor.

Inventor 110

Inventor Invention Art Patent 110

SpicyIP

OCTOBER 13, 2023

Recently, on September 15, the Delhi High Court set aside an order from the Indian Patent Office rejecting the patent application on the basis of the old CRI Guidelines, 2016. From 2011 to 2017, there have been numerous flip-flops as to whether the exclusion of computer software u/s. 3(k) is a broad or narrow.

Designs 105

Designs Design Patent Invention 105

The IPKat

SEPTEMBER 23, 2021

Legal Background: Duty of disclosure and inequitable conduct Patent applicants and attorneys prosecuting patent applications at the USPTO have a duty to disclose information that is material to the patentability of the intention ( 37 C.F.R. As such, the patent application indicated, a formulation of pH of 2.8-3.3

Patent Prosecution 57

Patent Prosecution Patent Patent Application Art 57

Larson & Larson

FEBRUARY 23, 2023

On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act (“AIA”). Among the changes created by the AIA, a new system was put into place for the submission of prior art to the Patent Office prior to patent issuance. Effective September 16, 2012, a third-party may submit prior art to the Patent Office.

Art 40

Art Confidentiality Patent Application Patent 40

Patently-O

APRIL 8, 2024

At the same time, the Court also emphasized that “it is method and device which may be patented and not the scientific explanation of their operation.” This concern with distinguishing patentable applications from unpatentable scientific principles sounds more like the modern eligibility analysis under § 101.

Invention 64

Invention Art Patent Television 64

LexBlog IP

JUNE 14, 2023

As made clear in the appellate opinion, a single meeting in August 2011 was central to the district court’s inventorship holding and the basis for Blue Gentian’s appeal. Three months later, Berardi filed his first expandable hose patent application (which was eventually issued as the ʼ941 patent).

Inventor 52

Inventor Invention Designs Design 52

IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 1] The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. 2011) ( en banc ); M.P.E.P. at 10048-49.

Invention 52

Invention Inventor Patent Application Designs 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 23, 2022

The Fellows program launched in 2011 and was designed for lawyers with eight to 15 years of experience. and international patent prosecution. Khan has prosecuted almost 1,000 patent applications and has represented petitioners in numerous post-grant matters. have been selected for LCLD’s Pathfinder program.

Patent Prosecution 52

Patent Prosecution Litigation Designs Design 52

LexBlog IP

FEBRUARY 7, 2022

Indivior’s patent issued in 2017 from the fifth continuation in a series of applications (including four abandoned applications) dating back to a first continuation filed in 2013, and to an earlier application filed in 2009, which published in 2011. wt % to about 58.6 ” In re Wertheim , 541 F.2d

Invention 52

Invention Art Inventor Publishing 52

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.

Art 49

Art Inventor Publishing Invention 49

LexBlog IP

MARCH 23, 2022

Patent applicants fall under a variety of statuses that are determined by their relationship to other entities, the number of patents they own, and the type of patents they own. The fee schedule for patent applications and maintenance is based on the size of the entity filing the application.

Higher Education 52

Higher Education Patent Inventor Patent Application 52

LexBlog IP

OCTOBER 20, 2021

This explosion in the popularity of software-embedded devices is evident in the number of software-focused design patent applications that were filed during and after this time period. Prior to 2010, the most popular design patent claims were directed to physical consumer goods such as containers, shoes, bottles, and chairs.

Designs 52

Designs Design Design Patent Intellectual Property 52

Patently-O

SEPTEMBER 16, 2022

The 20-year term from filing date was seen as roughly equivalent to 17-years from issuance since most patent applications take about three years to issue. In the end, this kept overall patent term roughly the same. Chan & Newton both graduated from GWU Law in 2010 & 2011 respectively. Hugham Chan the E.D.

Patent 63

Patent Patent Application Law Technology 63