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Special 301 Report 2023: Reflections from Public Health Perspective

SpicyIP

Article 27 of the TRIPS prescribes non-exclusive patent-exclusionary subject matters, providing policy space for member countries to incorporate more subjects as non-patentable inventions in their domestic patent legislation. The revised Form 27 runs counter to the principles envisaged in the Patents Act, 1970.

Reporting 137
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In re Couvaras, No. 2022-1489 (Fed. Cir. June 14, 2023)

Intellectual Property Law Blog

Patent Application 15/131,442 (the “’442 Patent”) with claims directed to a method of increasing prostacyclin release in systemic blood vessels of a human to improve vasodilation and reduce hypertension. Background John L. Couvaras filed U.S. to note that “[a]rguments raised only in footnotes [] are waived.” Otsuka Pharm.

Art 130
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UCB, Inc. v. Actavis Laboratories UT, Inc. No. 2021-1924, (Fed. Cir. Apr. 12, 2023)

Intellectual Property Law Blog

In 2014, UCB sued Actavis for infringement of the Muller patents. UCB prevailed in the lawsuit, and was awarded an injunction against Actavis until March 2021, when one of the Muller patents expires. In 2018, UCB filed a new patent application (the “’589 patent”, priority date 2009) covering a reformulation of Neupro.

Art 130
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Raising the Bar Has Not Reduced the Patent Acceptance Rate in Australia

LexBlog IP

Some people may have anticipated that, in raising the standard of inventive step and introducing stricter requirements for enablement and support of claims, the RtB reforms would result in fewer applications being accepted. I was not one of those people, and I expect that neither were most other patent attorneys.

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Guest Post by Prof. Hrdy & Dan Brean: The Patent Law Origins of Science Fiction

Patently-O

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Brean, Senior In-House Intellectual Property Counsel, Respiratory Care, Philips. Are inventions described in works of science fiction patentable? Guest post by Camilla A. Compare 35 U.S.C. §

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SpicyIP Weekly Review (November 8-November 15)

SpicyIP

SpicyIP Tidbits: Clarification on Jurisdiction of High Courts after the Tribunals Reform Act 2021, and Need for Reasoned Orders for Rejecting Patent Applications. Then we discussed the Bombay High Court’s decision to rebuke the Patent Office for dismissing a patent application without providing sufficient reasons for the same.

Trademark 105
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Artificial Intelligence and IP: A Literature Review

SpicyIP

It states that these tools and datasets have been made freely available to third parties in conformity with intellectual property laws. It further notes that India ranks 8 th in AI patents, and 4 th in terms of AI scholarly papers.

IP 98