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Zolgensma and the Inadequacies of the Compulsory Licensing Regime

SpicyIP

Zolgensma and the Inadequacies of the Compulsory Licensing Regime. Compulsory Licensing: Chinks in the Armor. The TRIPS Agreement has incorporated certain fail-safes in the form of Compulsory Licenses for when patents are seen to be acting contrary to public need. The invention not being reasonably affordable.

Licensing 119
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Community Property and Patent Ownership

Patently-O

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. Walmart (Case No. Taylor Made Plastics, Inc.,

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SCOTUS Denies Cert in Thaler – The Thorny Issue of AI Inventorship

LexBlog IP

The Supreme Court yesterday declined to hear a case brought by a computer scientist whose “invention” was in fact created by artificial intelligence. Stephen Thaler was appealing a Federal Circuit decision that interpreted the Patent Act to require a human “inventor” for purposes of obtaining a patent.

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EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and Transparency in the Indian Patent System

SpicyIP

This could make it harder to force companies to license patents if they are not being used to make affordable products in India. And further restricting policy levers such as compulsory licensing. However, in 2014, the Delhi High Court in Sukesh Behl V. Form 3 failed to disclose the information about the cessation.

Patent 72
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Whither goest the patent troll?

The IPKat

If a patent isn't granted after the first application, inventors can just keep filing continuations and motions for reconsideration. For example, the 2011 America Invents Act created faster, cheaper ways to show that a low-quality patent was invalid and empowered the PTO to implement new safeguards to improve patent quality.

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Knowledge of a True Name brings Magical Power — but is it Patent Eligible?

Patently-O

The new petition focuses on eligibility and asks the Supreme Court to reaffirm two separate pathways for computer-implemented business method inventions: Improving “the functioning of the computer itself;” and/or. 208 (2014) (quoting Mayo ). See Resorbing Patent Law’s Kessler Cat into the General Law of Preclusion.

Patent 58
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Keeping up with Belgian patent litigation: Year case law review 2021

The IPKat

At the centre of the submissions was the question as to whether the concept of “core inventive advance” is relevant in the assessment of the requirements of Article 3(a) and 3(c) of Regulation No 469/2009. The defendants raised an invalidity counterclaim against EP’214 based on alleged added matter, lack of novelty and lack of inventive step.