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. A year later, they filed a non-provisional application, which WIPO published in August 2014.

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SpicyIP

AUGUST 10, 2023

of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. The petitioner approached the High Court against the decision of the Controller of Patents.

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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. § patent system from a first-to-invent system to a first-to-file system.

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Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. 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? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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Patently-O

APRIL 10, 2024

and his patent holding company (Spectrum Spine). Dr. Robinson, a neurosurgeon, invented a type of spinal implant. In 2009, Dr. Robinson and Spectrum (collectively “Plaintiffs”) hired law firm FisherBroyles to file patent applications for his inventions. application in March 2014 that issued in 2018.

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Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. 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? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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The IPKat

NOVEMBER 9, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Mindia Davitadze (Stockholm University) on the recent accession of Georgia to the European Patent Office (EPO) Validation System. As of now, there are two traditional routes to obtain patent protection for an invention in Georgia.

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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. Compare D.L.

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SpicyIP

MARCH 29, 2024

Controller of Patents made some notable observations on amendment of claims in a PCT application and Section 3(h) of the Patent Act. Controller of Patents. First, the treatment of claims during the national phase entry of a PCT application into India. Shivam is an advocate practicing in New Delhi. Let’s dive in.

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Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. See [link].

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Patently-O

JULY 6, 2022

USPTO (Supreme Court 2022) focuses the question of whether COURTS have power to create non-statutory patentability doctrines. Does the judiciary have the authority to require a patent applicant to meet a condition for patentability not required by the Patent Act? 2016 Decision ]. Gass’s U.S.

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SpicyIP

JULY 13, 2023

As per the data in the 2021-22 IP Office Annual Report, a total of 66,440 applications were filed in India, which is 7,937 applications more than the last year’s filings (58,503). To simplify, the higher the number of patents granted, the larger the scope of inviting investments in the country in various fields.

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LexBlog IP

SEPTEMBER 5, 2023

The Federal Circuit recently upheld the Patent Office’s decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP). Unless overturned, this decision will significantly affect patent families that have patents with different expiration dates.

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LexBlog IP

DECEMBER 20, 2022

A 2022 study by the National Fire Protection Association (NFPA) indicates that from 2016 to 2020, a U.S. As necessity is the mother of invention, the need to prevent Christmas tree fires has led to numerous patent applications in this area. Patent Application No. Patent Application No.

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SpicyIP

JANUARY 18, 2023

As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Views expressed in the post are his own.

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SpicyIP

MAY 6, 2024

Controller of Patents. The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr. Anything we are missing out on?

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2020

What is a utility patent? [1]. The definition of a utility patent is a patent that covers “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” [i] i] Utility patents are the most prevalent type of patent. Who can apply for a patent?

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SpicyIP

JULY 5, 2021

Before the CIC, the CPIO argued that said scholar has ‘already received’ a US patent and ‘intends’ to file for an Indian patent with respect to his research work; therefore, there are chances of commercial exploitation of his work. Degrees), Regulations, 2016 and the UGC Act, 1956 which have mandatory application on the Universities.

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The IPKat

AUGUST 16, 2021

Over to Konstantin for the story and his take on the developments: "Some may associate businesses whose primary aim is to assert patents in litigation to obtain license revenue with the Eastern District of Texas or the Unwired Planet decision in the UK, and not think about cases further afield from Marshall, Texas or London.

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SpicyIP

NOVEMBER 17, 2023

Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Course in Brief Dates : 22nd – 23rd November, 2023 Time : Day 1: 9:30 AM to 5:00 PM IST; Day 2: 9:30 AM to 1:00 PM IST Venue : Centre for Technology and Law, DA-IICT, Gandhinagar Duration : 1.5

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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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Patently-O

AUGUST 24, 2023

In 2020, Brunswick launched a competing product under its Mercury brand and, on the same day as its product launch also filed an IPR petition challenging Volvo’s US Patent 9,630,692. In recent years, the courts and patent office have been restricting the use of objective evidence of nonobviousness by applying a tight nexus requirement.

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SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Controller of Patents where the Court emphasised the requirement of the plurality of invention in divisional applications and held that plurality should be disclosed in the claims.

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The IPKat

AUGUST 31, 2022

The idea of DAO is not that new with the most well-known DAO (uninventively called “ The DAO ” ) dating back to 2016. The Copyright, Designs and Patents Act 1988 ("CDPA") states that the " author " of a work means the person that creates it.

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Patently-O

SEPTEMBER 19, 2022

In Arthrex , the Supreme Court rewrote the Patent Act, charging the USPTO Director with authority to review final written decisions stemming from inter partes and post grant review proceedings (IPR/PGR). One open question is the Director’s role in mill run patent applications that have been rejected by the Board.

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LexBlog IP

FEBRUARY 15, 2022

10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales, can be detrimental to one’s ability to obtain both design and utility patents. Design Patent No. D450,839 (the D‘839 Patent) for a catheter introducer sheath. Components, Inc. ,

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SpicyIP

OCTOBER 16, 2023

Rather, the court opined, the claims should be examined in the context of the complete specification, to determine whether it specifies a process for making a diagnosis for treatment, and if it is concluded that the diagnosis for treatment is made (even if not definitive) the claims will be patent ineligible. vs Vijay Munjal And Anr.

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The IPKat

OCTOBER 7, 2021

This guest post, addressing Monsanto’s OA18791A patent, is brought to you by Lodewijk Van Dycke. Here’s what Lodewijk writes: Monsanto’s conspicuous African cotton patent by Lodewijk Van Dycke This article is about Monsanto’s OA18791A patent. The initials OA give away that the patent is an OAPI patent.

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Intepat

APRIL 11, 2023

Startups must prioritize obtaining patents, trademarks, copyrights, designs etc., As a result of this, the Scheme for Startups Intellectual Property Protection (SIPP) was launched in 2016 which focused on facilitating stronger IPR protection for Startups in India. to safeguard their intellectual property.

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LexBlog IP

SEPTEMBER 30, 2021

An inventor is not required to play any active role in the filing, prosecution, or grant of a patent in the UK, so arguably there remains a question as to whether an application can be permitted to proceed even if a legally valid inventor has not been – or cannot be – named. PDF 998kB] ).

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Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

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IIPRD

MAY 10, 2020

SIPP is envisaged to facilitate the protection of Patents , Trademarks , and Designs of innovative and interesting start-ups. At the time of filing of Application. At the time of final disposal of Application (Without Opposition). At the time of final disposal of Application (With Opposition).

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

patent applications have mimicked the larger investment in AI technologies, AI-related IP disputes have lagged behind consumer adoption. Even at the Patent Trial and Appeal Board (PTAB) – one of the busiest forums for IP disputes – very few cases directly involve AI technologies. patent litigation.

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The IPKat

DECEMBER 28, 2021

This year also saw release of the EBA decision on double-patenting and a new referral on the thorny issue of plausibility and post-published evidence. As the year draws to a close, we also have news of a new referral to the EBA on the EPO's co-applicant approach to priority. Double-trouble ??

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LexBlog IP

DECEMBER 31, 2022

In the intellectual property (IP) space, there has been explosive growth in this area, with AI-based patent filings addressing trending areas, including disease identification and diagnosis, drug discovery, personalized medicine, and clinical trials, among others. These include IBM, Nvidia, and LG Electronics. See 37 CFR § 1.211 ).

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LexBlog IP

APRIL 12, 2023

Eset, LLC, a Federal Circuit decision on which Eset is now seeking Supreme Court review; Finjan raises the question of whether a court must accept a patentee’s own expressly-defined claim terms when reviewing a patent. Eset, LLC, a patent case. Vitronics Corp. Vitronics Corp. Conceptronic, Inc., 3d 1576, 1582 (Fed.

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Barry Sookman

MAY 4, 2020

Is an invention autonomously generated by artificial intelligence patentable? This is a question that is being studied including by the United States Patent and Trade Mark Office (USPTO) which launched an investigation into issues associated with patenting artificial intelligence inventions.

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