Intellectual Property Law Blog

JULY 31, 2023

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.

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SpicyIP

JANUARY 11, 2022

We recently came across two decisions by the Indian Patent Office (IPO) in which patent claim applications concerning two nicotine delivery devices were rejected on the ground of the same being affected by section 3(b) of the Indian Patents Act, 1970. The first decision concerns application no. a tobacco company.

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Invention Patent Art Patent Application 119

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

SpicyIP

MAY 17, 2023

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.

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Reporting Intellectual Property Patent Application Intellectual Property Law 137

The IP Law Blog

APRIL 21, 2022

Not everything is patentable. First, only inventions are patentable. Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. Alice Corp. CLS Bank International , 573 U.S. 208, 216, 219 (2014).

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Invention Patent Patent Law Patent Infringement 98

Patently-O

OCTOBER 4, 2021

As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued.

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Art Journalism Patent Law Invention 125

SpicyIP

JANUARY 2, 2024

TKDL, more than once, has claimed to have thwarted European companies from securing a European patent for ancient Indian remedies, but these have been questioned, for instance, by the blogger who goes by the pseudonym, Tufty the Cat (a qualified U.K. And if so, why was it filed in the first then?

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Invention Reporting Government Art 64

Patently-O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed.

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Patent Invention Inventor Patent Application 40

Patently-O

OCTOBER 4, 2021

As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued.

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Journalism Art Patent Law Invention 104

Patently-O

SEPTEMBER 1, 2021

but the patentee successfully argued that its narrower range was a critical element of the invention and necessary to prevent racemization of the l-epinephrine. Patent applicants and their attorneys are bound by a duty of candor and good faith in dealing with the USPTO. 2012) (citing Therasense ). Aventis Pharma S.A.

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Patent Application Art Patent Invention 67

The IPKat

SEPTEMBER 23, 2022

MYLAN BV and SANDOZ BV One of the first patent cases decided in 2021 was an SPC case between MSD and Apotex, where the Brussels Enterprise Court had to decide whether an SPC could be granted for the combination of ezetimibe and simvastatin, even if a previous SPC had already been granted for ezetimibe alone based on the same patent.

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Litigation Law Patent Invention 82

IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

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Patent Invention Inventor Technology 52

SpicyIP

JULY 25, 2023

Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Section 3 of the Patents Act, 1970 is the key section on “patent eligibility” and lists out what are not “inventions”. Is Messenger RNA Patent-Eligible? 1289, 1293 (2012) ). Prometheus Labs.,

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Patent Invention Litigation Law 97

Biswajit Sarkar Copyright Blog

AUGUST 27, 2022

In some case, however, if the functioning of the website involved complex processes and an inventive step, it might be protected through patents too. Requirements for patentability. the requirements for patentability are- Novelty, inventive step, industrial application.

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Patent Invention Artwork Confidentiality 52

Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ).

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Patent Infringement Invention Patent Patent Law 52

LexBlog IP

NOVEMBER 16, 2021

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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Patent Prosecution Patent Intellectual Property Law Intellectual Property 52

LexBlog IP

AUGUST 1, 2023

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. ” Otsuka Pharm. Sandoz, Inc. , 3d 1280, 1294 (Fed. Rea , 762 F.3d

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Art Invention Patent Patent Application 52

Patently-O

AUGUST 2, 2021

Back in 2012 though he took an unpaid leave-of-absence to start a LASER company. During that time he filed a number of patent applications that came from his time on-leave and that he assigned to Omni. Both the district court and appellate court agreed that the agreement was not a present assignment of future inventions.

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Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? In our new paper, The Patent Law Origins of Science Fiction , available at [link] , we show that science fiction as a literary form was originally premised on the idea that works of science fiction are like patents. University of Minnesota Press 2016).

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Patent Law Law Inventor Patent 94

LexBlog IP

JULY 31, 2023

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 52

Art Invention Patent Patent Application 52

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.

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The IPKat

JANUARY 17, 2022

Case background: Mifepristone dose regime to treat Cushing's syndrome Grapefruit is a CYP3A4 inhibitor The patent ( US10195214 ) in question related to a method of treating Cushing's syndrome, a condition caused by the body's overproduction of cortisol hormone. Mifepristone ( KORLYM ) was approved by the FDA in 2012.

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Patent Invention Art Patent Application 73

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2022

Post-grant review was introduced by the America Invents Act (AIA) as a counterpart to inter partes review. As of September 16, 2012 post-grant review became available for covered business method patents irrespective of their priority date. Final Rules for Trials before the Patent Trial and Appeal Board.

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Litigation Settlement Patent Public Use 52

SpicyIP

JULY 23, 2021

While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. This comes in the backdrop of Section 83 of the Patents Act, 1970 which provides the general principles applicable to the working of patented inventions.

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U.S. Department of Commerce

MAY 27, 2021

Below are a few leaders who, through their innovation, creativity, and entrepreneurship, have made a significant contribution to the Commerce Department’s mission to drive business expansion and economic growth and accelerate American leadership in research, invention, and innovation. More details. Access to light during the night affects 2.6

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Inventor Invention Technology Business 68

Intepat

APRIL 18, 2022

Necessity has been called the mother of all inventions and the most recent example of the same was seen when the world was caught unawares in the midst of the Covid-19 pandemic in 2020, without any cure available. In this era, 7% of all patents were from the medical innovation sector.

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Intellectual Property Reporting Technology Government 105

SpicyIP

NOVEMBER 9, 2023

It was approved through an accelerated approval process based on partial trials, i.e., Phase 2 trials in the US in 2012, and EU in 2013, following which the WHO released its Interim Policy Guidelines to guide usage in the absence of Phase 3 trials. The Government of India issued guidelines in regard to the usage of Bedaquiline.

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Patent Reporting Government Ownership 69

IP and Legal Filings

JUNE 15, 2023

A part of TK is exposed for patent review whereas the rest is kept undisclosed. Further, while patent and copyright have strict brackets on what it pertains to, many forms of traditional knowledge may not strictly conform to it. For example, in case of an herb used for healing, patent application will focus on the benefit of the herb.

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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 Broad Institute, Inc. Interference No. 15/981,807.

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Intepat

APRIL 18, 2022

Necessity has been called the mother of all inventions, and the most recent example was when the world was caught unawares amid the Covid-19 pandemic in 2020 without any cure available. In this era, 7% of all patents were from the medical innovation sector. However, starting from 2012, this sector’s growth has stagnated.

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Intellectual Property Reporting Technology Government 52

The IPKat

AUGUST 16, 2021

Analysing this decision, first of all, the question arises as to how it was possible to register this patent? The subject matter of the patented invention must be new at the time of filing a patent application. Lyft emerged from Zimride in 2012, Uber’s main competitor in the US market. of the proceeds.

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Patent Troll Marketing Marketing Patent 86

Patently-O

AUGUST 26, 2023

In its brief, BDGL argues that in 2012, at the time of the patent’s effective filing date, there was a long-felt, unmet need for a new treatment option for AA.

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Patently-O

JANUARY 12, 2023

It is also unnecessary to patent underlying pathogenic sequences in order to protect novel and innovative technologies such as diagnostics, vaccines and therapeutics. For example, Regeneron filed more than 100 patent applications around the world on its Ebola drug Inmazeb, though the viral sequence was freely available on GenBank.

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Business Patent Technology Marketing 89

SpicyIP

NOVEMBER 15, 2022

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.

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SpicyIP

JULY 22, 2023

It further notes that India ranks 8 th in AI patents, and 4 th in terms of AI scholarly papers. Reform in Law However, while the patent application numbers are on the rise, the Industry has expressed concerns over the patent prosecution and examination regime in India.

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IP Intellectual Property Reporting Government 98

SpicyIP

JANUARY 18, 2023

The monograph does not cite a single document or study that shows that pre-grant oppositions have benefits or the actual benefits that Indians have had because of timely filing of oppositions against ‘evergreening type’ pharmaceutical patent applications. of the total published applications. ’. of patent applications)?

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Patent Application Reporting Public Domain Patent 141

Patently-O

OCTOBER 6, 2023

Despite this lower bar, IPR petitioners still have the burden of at least explaining why a skilled artisan would have been be motivated to combine various references to form the claimed invention. ” Sisvel’s ’561 patent, owned by Sisvel, relates to improving channel coding techniques in transmitting data for radio systems.

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