IP Watchdog

APRIL 4, 2024

Court of Appeals for the Federal Circuit (CAFC) on Wednesday affirmed a number of district court orders against inventor Urvashi Bhagat, whose patent application was rejected by the U.S. Patent and Trademark Office (USPTO). Bhagat’s U.S. patent application No.

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Patent Patent Application Inventor Trademark 64

Garrigues Blog

JULY 26, 2023

Following the entry into force of the America Invents Act ( AIA ), the patent system was transformed into a “first-inventor-to-file” system, through which the first person to file a patent application has priority, even when another inventor can establish an earlier invention date.

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Editing Patent Inventor Invention 52

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. §

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Invention Patent Application Inventor Government 52

Patently-O

APRIL 10, 2024

By Dennis Crouch In a recent unpublished decision, the Georgia Court of Appeals affirmed summary judgment in favor of CPA Global Support Services, LLC (“CPA”) (now part of Clarivate) against a claim of negligent misrepresentation brought by inventor James C. patent application for the spinal implant in March 2013.

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Contracts Law Inventor Patent Application 75

Patently-O

OCTOBER 12, 2022

US Inventor Inc. US Inventor along with several patent holders sued the USPTO back in 2021 seeking an injunction against the USPTO Director mandating that she engage and notice-and-comment rulemaking to issue standards for when IPR/PGR discretionary denials are appropriate. US Inventor Inc. US Inventor Inc. 398 (2013).

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Inventor Patent Government Litigation 66

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. In modern biology research, inventors come from various disciplines such as pharmaceutical, environmental, agricultural, and dairy, and all of them are involved in improving the quality of life.

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Patent Inventor Invention Intellectual Property 92

Patently-O

MARCH 8, 2022

Since then, the rate has continued to rise–jumping to $62 and then $80 in 2013. 11,080,336 – 302 claims – “a commonplace of information” – solo inventor. Then, in December of that year Congress pushed the fee up to $50 per claim–almost treble damages.

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Patent Inventor Patent Application 124

LexBlog IP

SEPTEMBER 30, 2021

While all three judges on the Court of Appeal agreed that an ‘inventor’ under the UK law must be a human being, the fact that DABUS is a machine was not immediately determinative of the outcome. PDF 998kB] ). The issues in the UK case are somewhat different, and more nuanced, than in the US.

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Inventor Patent Law Patent Application Invention 52

Patently-O

DECEMBER 21, 2022

Patents filed before March 2013 are examined using the pre-AIA rules of patentability, including 35 U.S.C. Under this old law, an accused infringer was able to assert a defense of invalidity if the issued patent fails to name the correct inventors. The patents list two inventors, Richard Darr and Edward Morgan. by Dennis Crouch.

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IP Tech Blog

JUNE 18, 2021

Contrary to most legal practice, representing inventors to secure a patent does not require a licensed attorney. Patent agents” can also represent inventors when seeking a patent from the USPTO. On this exam, applicants are tested on laws and rules that address patentability issues and inventor obligations. (A

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Inventor Patent Patent Prosecution Confidentiality 98

LexBlog IP

APRIL 3, 2023

First, it is important to know that mailing it to yourself, known as the sealed envelope method, is not valid due to the patent laws enacted in March 2013 that also changed the US patent system to operate under a “first to file” rather than a “first to invent” system.

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Patently-O

JULY 14, 2023

This is in contrast to the invention “date”, which requires evidence of the inventor’s mental state as shown by corroboratory evidence; spread across time from conception to invention completion accomplished at reduction to practice. The filing date is an understandable, immutable, and reasonable priority claim marker.

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Invention Inventor Art Editing 52

Patently-O

AUGUST 26, 2022

2:21-cv-00126-JRG-RSP) (not available on line for free from what I can see) addressed an accused infringer’s argument that the assignment of the patent-in-suit from the sole inventor (Afana) to the plaintiff, Mobile Equity, was ineffective, and so the patentee lacked standing. 2013 WL 1798964 (M.D. Walmart (Case No.

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Ownership Inventor Patent Due Diligence 56

Larson & Larson

NOVEMBER 25, 2021

An innovation by an inventor can benefit them remarkably. However, to enforce their rights and, at the same time, protect their invention, an inventor is mandated to get a patent from the United States Patent and Trademark Office (USPTO). . The Implication of the Rule on Inventors. in line with most foreign patent systems.

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Inventor Patent Application Invention International Patent System 52

Patently-O

DECEMBER 13, 2021

2013 Policy Statement. In 2013, a statement indicated that an “exclusionary remedy … may be inconsistent with the public interest” for F/RAND licensed patents. The 2019 statement rejected that approach and instead explained that a F/RAND commitment should not “bar any particular remedy.”

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Licensing Patent Inventor Business 53

Patently-O

JANUARY 19, 2024

While most of patents are attributable to both joint-inventors, some are only attributable to one or the other. It turns out that the missing co-inventor (Barnett) was listed as an inventor in the original provisional applications and in the original non-provisional parent application. ” Brian Barnett. InterDigital (Fed.

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Inventor Ownership Contracts Intellectual Property 69

The IPKat

DECEMBER 7, 2021

If a patent isn't granted after the first application, inventors can just keep filing continuations and motions for reconsideration. That said, the author acknowledges that these costs declined from 2013-2017, only to once again rise. Focusing on the U.S., In such a situation, … bad patents are basically inevitable.

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Patent Troll Patent Litigation Inventor 122

IPilogue

APRIL 25, 2022

Zhang and her group at the Broad Institute of MIT and Harvard also published in Science in 2013, showing the promise of CRISPR/Cas9 in humans. Following the scientists’ publications, the United States transitioned from a first to invent patent system to a first inventor to file system, which became effective in March 2013.

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Editing Patent Invention Inventor 65

Selvam & Selvam Blog

NOVEMBER 5, 2022

The local Indian counsel on realizing their error filed a petition of condonation of delay in filing Form 18 with the Indian Patent Office on May 22, 2013, after a delay of 22 days. In August 2013, the applicant realised the error of judgment by the local Indian counsel, made changes and engaged the services of another Indian counsel.

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Patent Application Patent Inventor Intellectual Property 52

Patently-O

JULY 21, 2022

The inventor Mark Holt is also owner of Symbiont. 251 (2013), the court concluded that the underlying patent law issues were not substantial enough to warrant Federal jurisdiction. Symbiont’s US Patent No. Apparently this process leads to increased digestion of the starch content. All cases “arising under” the U.S.

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Licensing Patent Patent Law Intellectual Property 78

LexBlog IP

MARCH 23, 2022

Are you a small business or an individual inventor filing for a patent in the U.S.? Micro entity status is a newer status, introduced under the America Invents Act Leahy-Smith America Invents Act (“AIA”) in 2011 as an effort to reduce the cost of patenting for small businesses and individual inventors. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-623b791352da51164{flex-wrap:

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Patently-O

OCTOBER 11, 2021

US Inventor Inc. In February 2021, US Inventor and others collectively sued the USPTO asking the court to order the USPTO to issue rulemaking regarding discretionary considerations at the institution stage of AIA Trials. 251 (2013). by Dennis Crouch. Hirshfeld , No. 21-40601 (5th Cir. That case is now on appeal. Where to Appeal?:

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Inventor Patent Law Law Patent 80

LexBlog IP

AUGUST 11, 2021

In addition, a trade secret remains an enigma while a patent requires the inventor to actually describe how his invention works. The kicker with a trade secret is the inventor must take reasonable steps to protect the secret (like Chick-fil-A placing its recipe inside a vault ) or risk the trade secret becoming public knowledge.

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Intellectual Property Law Intellectual Property Law Social Media 52

Erik K Pelton

MAY 28, 2024

1] Moreover, according to a 2013 report from WIPO, small and medium-sized enterprises rely more heavily on trademarks than patents. [2] We applaud the USPTO’s efforts to narrow the gender gap and to support inventors and rights holders from minority communities.

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Registration Trademark Business Reporting 147

IIPRD

FEBRUARY 13, 2023

Intellectual property rights (hereinafter referred to as ‘IPR’) are the legal rights granted to the inventor or creator to safeguard his or her invention or production for a certain period of time. These legal rights grant the inventor, creator, or assignee the only right to fully exploit his invention/creation for a given period.

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Intellectual Property Technology Government Inventor 52

Intepat

OCTOBER 13, 2023

However, “technical effect” and “technical contribution” does not find a definition in the 2017 CRI guidelines but instead finds place in the 2013 guidelines where “’technical effect’ was defined as solution to a technical problem, which the invention taken as a whole, tends to overcome.

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Invention Patent Technology Designs 52

LexBlog IP

MARCH 23, 2022

A 2013 review of pharmaceuticals patents – which the government initially declined to release – found that 53% of such patents have an effective life of 15 years, while 89% have an effective life of over 10 years.).

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Patent Invention Government Inventor 52

SpicyIP

JULY 31, 2023

As a part of the patent bargain, an inventor must describe the invention and disclose the best method to perform it. To resolve this predicament, an inventor files a specification with claims disclosing the product and the process to manufacture the product. But what is the scope of protection in such a case?

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Patent Invention Patent Prosecution Inventor 98

Patently-O

MARCH 7, 2023

For instance, “R3 is hydroxy … R5 is an amino acid …” UMN’s initial patent application was a provisional filed back in 2004, followed by a PCT application in 2005, followed by a non-provisional application in 2007 and finally by another non-provisional application in 2013 that led to the ‘830 patent.

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Invention Patent Application Patent Art 118

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 wt %” of the matrix (dependent claim 8). Indivior , Slip Op.

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Invention Art Inventor Publishing 52

LexBlog IP

MARCH 18, 2022

The inventors listed on Broad’s patent are Feng Zhang, Ph.D., and the inventors listed on the CVC application are Jennifer Doudna, Ph.D., Broad, as senior party, was accorded benefit of its provisional filed December 12, 2012, and CVC, as junior party, was accorded benefit of its provisional filed January 28, 2013.

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Inventor Invention Editing Patent 52

SpicyIP

MARCH 29, 2024

The Patent Office issued the FER dated 31 st May, 2013 objecting to the claims under Section 2(1)(j), 3(h) of the Patents Act, 1970 (Act). A method of preventing plant disease and insect damage, the method comprising contacting the composition comprising dinotefuran and penthiopyrad as active ingredients.”

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Invention Patent Application Copying Patent 52

IP and Legal Filings

JANUARY 10, 2023

A patent is a type of Intellectual property that gives the owner a legal right to exclude others from using the invention without prior consent from the inventor. Activision Blizzard, 2013 , the court said that the metaverse technology is fundamentally based on computer-software technology and the same has been challenged as non-patentable.

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Intellectual Property Invention Trademark Government 59

Intepat

MAY 18, 2023

While one confers rights on inventors to encourage innovation, the other aims to eradicate monopolistic practices and encourages healthy competition in the market. INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws.

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Patent Licensing Intellectual Property Technology 52

Intepat

APRIL 19, 2023

As a result, it is apparent that patent law offers a broader scope of protection in contrast to copyright law, which is primarily relied upon by inventors in this field. 2013, the Patent Office issued further guidelines and set forth that inventions involving a technical effect or those which solved a technical problem were patentable.

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Invention Intellectual Property Patent Copyright 52

LexBlog IP

AUGUST 8, 2023

The Patent Office is not supposed to issue separate patents for the same invention to competing inventors. Several statutory provisions empower the Office to reject pre-AIA patent application claims of the later inventor. But sometimes it’s not clear who is the later inventor. Those provisions are therefore unhelpful.

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Patent Invention Inventor Patent Application 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

in 2013 from the University of Virginia School of Law and was a member of the Virginia Journal of Law and Technology. with a patent law concentration with intellectual property certificate, from the University of Connecticut School of Law in 2013. Court of Appeals for the Federal Circuit. Chet received his J.D. Joel received his J.D.,

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Intellectual Property Journalism Intellectual Property Law Litigation 52