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.

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Patently-O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. Prior Patently-O Patent L.J.

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Journalism Trademark Patent Patent Law 54

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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IP Watchdog

SEPTEMBER 16, 2021

Some of the most controversial provisions were ultimately dropped in order to get the law through Congress, and overall, the IP world was celebrating on September 16, 2011, that at least some action had been taken on reforming, and ostensibly strengthening, the U.S. patent laws.

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IP Watchdog

SEPTEMBER 19, 2021

patent laws enacted on September 11, 2011; one relating to the U.S. changing from first-to-invent to first-to-file, the other relating to the creation of the Patent Trial and Appeal Board (PTAB) and three new procedural mechanisms to invalidate issued patents. There were two revolutionary amendments to U.S.

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Invention Patent Art Patent Law 72

Patently-O

AUGUST 5, 2022

Patent Law, because the U.S. Patent Act was amended in 2011 to expressly require that inventors be “individuals.” In its newest decision on the topic, the Federal Circuit declares instead, for the purposes of patent law, an inventor must be human. The word individual is important for U.S. 35 U.S.C. §

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Invention Inventor Patent Law Patent 99

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) ). 102(b)(1)(A) ).

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Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Summary Judgment : Ridge ‘808 patent was invalid as anticipated.

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Patently-O

SEPTEMBER 20, 2022

Although the Patent Act does not expressly declare “inventors-must-be-humans” or “no-robots,” since 2011 it has stated that inventors are “individuals.” 100(f)/(g) (2011). Thaler has been attempting to seek patent protection for two inventions created by DABUS, his AI computer.

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Inventor Invention Patent Law Patent 80

More Than Your Mark

MARCH 12, 2021

patenting courts, “new recipes or formulas for cooking food which involve the addition or elimination of common ingredients, or for treating them in ways which differ from the former practice, do not amount to invention merely because … no one else ever did the particular thing upon which the applicant asserts his right to a patent.”

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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. patent laws.

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The IP Law Blog

NOVEMBER 9, 2023

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”). Unitherm”), argued that it had rights to the patent because its president was an inventor and should be added to the patent. Iolab Corp.

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Inventor Invention Art Patent 110

Patently-O

OCTOBER 31, 2022

George Washington University Law School Professor Dmitry Karshtedt has passed. We often had different ways of thinking about patent law, and I always hoped that some day we might have time to write something together. He joined GW Law in 2015 after a fellowship at Stanford and received tenure in 2020.

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IP Law 360

SEPTEMBER 15, 2021

The America Invents Act had a lengthy path through Congress before it was signed into law in September 2011, and it has spurred numerous court fights and regulatory changes in the decade since.

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LexBlog IP

JULY 28, 2023

Citizens, a credit union based in Peoria, Illinois, obtained a federal trademark registration in May 2011 2011 for the mark CEFCU. In January 2011, SDCCU filed a trademark application for the tagline IT’S NOT BIG BANKING, IT’S BETTER and obtained a federal registration for the mark in April 2014. .”

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LexBlog IP

AUGUST 2, 2022

Once upon a time – not so very long ago, in fact – it was rare for the Australian Patent Office to issue a formal published ruling on the patent-eligibility of claims submitted for examination. Historically, the overwhelming majority of decisions have related to inter partes proceedings, such as patent oppositions.

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Invention Patent Publishing Law 52

Larson & Larson

MARCH 25, 2021

Getting the right type of patent and understanding its full implications is a first step in protecting your intellectual property. After all, you want the patent that will give you the protection you need without wasting resources on the wrong paperwork. They patent what you would expect them to: methods or processes.

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Patently-O

APRIL 8, 2024

By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. The case involved a patent infringement suit over an improved vacuum tube used in radio communications. Background The patent at issue, U.S. 103 and patent eligibility under 35 U.S.C. §

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Invention Art Patent Television 62

Patently-O

AUGUST 19, 2022

Par had listed two patents in the Orange Book as covering its product and so, as required, Eagle’s ANDA included a Paragraph IV certification that the two patents were either (1) invalid or (2) would not be infringed. Both Par patents include a pH requirement: “wherein the unit dosage form has a pH of 3.7-3.9.”

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Branding Brands Branding Marketing 87

Patently-O

JULY 13, 2023

Medtronic has two patents that cover medical leads for nerve stimulation. The Young patent relates to a lead for stimulating the trigeminal nerve, while the Gerber patent relates to a lead with a plurality of electrodes. The same is true of the titles of the two patents.

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Invention Art Patent Patent Law 75

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. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-623b791352da51164{flex-wrap:

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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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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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Inventor Invention Art Patent 44

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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LexBlog IP

NOVEMBER 9, 2023

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”). 9,980,498 (the “’498 Patent”). The ‘498 Patent is directed to a two-step process for cooking bacon pieces.

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Inventor Invention Art Patent 52

Patently-O

JUNE 28, 2022

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

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Patent Law Law Inventor Patent 134

Patently-O

OCTOBER 25, 2021

This guest post was authored by Joel Smith, a 3L at the University of Missouri School of Law, with support from the team at the Mizzou Law Veterans Clinic. Why is there a post about a veterans law case on a patent law blog? 428 (2011). See Henderson ex rel. Henderson v. Shinseki , 562 U.S.

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JIPL Online

APRIL 22, 2021

In fact, over the centuries, patent law has developed a formal approach for evaluating a product’s “innovation.” The FDA can find comfort knowing that the law, particularly intellectual property (IP) law, has already defined “innovation.” 314.50 (2011). products.” [xix] xx] Braeburn , 389 F.Supp.3d 102 (2012).

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SpicyIP

MAY 8, 2022

Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about Indian intellectual property law on his Medium page. Indian trade mark law acknowledges both positions.

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Patently-O

MARCH 1, 2023

Prometheus , I wrote an article suggesting, based on some of the history that followed Funk Brothers , that patents on ordinary industrial processes and compositions could become ineligible in Mayo ’s wake. The patents are based on the technique of fabricating the PDC at elevated pressures, at least 7.5 Wabash Appliance , 304 U.S.

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IPilogue

OCTOBER 19, 2022

Indeed, the court thought that inducing infringement, which to date had been considered wrong only in respect of patents, applied to all forms of intellectual property (“IP”). The IP cases reflect this by refusing to label as infringer anyone who merely helps, facilitates, or contributes to another’s infringement (e.g.,

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SpicyIP

JULY 22, 2023

It notes that despite the government initiatives to strengthen India’s IP regime, applying the ‘narrowly focused’ and ‘stringent’ patent laws toward AI applications remains challenging. Surprisingly, here the report does not mention any protection (or lack thereof) within the IP laws of the country.

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The IP Law Blog

NOVEMBER 3, 2022

In October 2020, when the COVID-19 pandemic was killing thousands of people a day and the world was desperate for a vaccine, Moderna announced that it would not enforce its patents against infringers during the pandemic so that the vaccines could be disseminated as fast as possible and the pandemic could be stopped as soon as possible.

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Patently-O

FEBRUARY 8, 2022

That prevision bars an IPR petitioner involved in patent litigation from asserting any invalidity grounds that the petitioner had “raised or reasonably could have raised during that inter partes review.” patents only cover infringement within the territorial bounds of the United States. patent laws. 8, 2011).

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IP Tech Blog

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

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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. Campbell filed a provisional application in 2011 and a non-provisional in 2012 that eventually issued in 2016.

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The IPKat

AUGUST 24, 2023

While the AmeriKat is still recovering from 2020, her Belgian Katfriends sum-up what was 2022 in Belgian patent litigation 'Tis the season for a look at the cases that were in 2022 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2023.

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