LexBlog IP

DECEMBER 18, 2023

In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171 , and as explained in our previous post , the U.S. 17, 2023) (emphasis added). ” 80 Fed. .”

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LexBlog IP

JANUARY 11, 2024

The Principle of Good Faith in Patent Applications The revised regulations emphasize the principle of good faith in all patent applications: New Article 11: Mandates adherence to the principle of good faith. Genuine Inventive Activities: Requires applications to be based on real and original inventive activities.

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LexBlog IP

DECEMBER 7, 2023

In an article published on December 7, 2023, Harness IP Principal Chris K. Miller provides guidance to legal departments that are responsible for maintaining a global patent portfolio. Summarized in five tips for in-house counsel, Miller looks at ways to maximize patent filings to save time and money.

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The IPKat

JANUARY 2, 2024

As later admitted by the Board of Appeal in T 439/22 , the divergence in the case law on claim interpretation is instead on the broader question of whether the description should be consulted in EPO proceedings pursuant to Article 69 EPC and/or Article 84 EPC (para. see also IPKat ).

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The IPKat

JANUARY 21, 2024

It is argued that these amendments are necessary in view of the stipulation in the EPC that the description "shall be used to interpret the claims" ( Article 69 EPC ). As such, it is argued, the claims can only clearly define the invention ( Article 84 EPC ) if they are not contradicted by the description.

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LexBlog IP

FEBRUARY 29, 2024

The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. 12/20/2023) 2023 U.S. These categories are referred to as “patent-eligible subject matter.” In In re Elbaum (Fed.

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The IPKat

NOVEMBER 27, 2023

The Guidelines currently require that, when amending or adapting the description in line with the claims, the applicant must either delete subject matter not covered by the claims, or explicitly state in the description that such subject matter is not part of the invention (F-IV, 4.3). Roche's proposed questions are as follows: 1.

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LexBlog IP

JANUARY 6, 2023

Harness IP partner Joels Samuels is featured in a Bloomberg Law article outlining 2023’s most anticipated intellectual property (IP) court cases, legal trends, and United States Patent and Trademark Office (USPTO) rule changes. 6 for filing the most patent applications on behalf of those companies.

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LexBlog IP

MARCH 7, 2023

An article written by Harness IP associate Jeremiah Foley , was published in Law360 on March 2, 2023. The article is a lesson on commerce and the registration of a trademark. To learn more, subscribers may view the full article here. 6 for filing the most patent applications on behalf of those companies.

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The IPKat

OCTOBER 13, 2023

In decision G1/22 and G/22 (press release and decision found here ), the EBA had to answer the question as to whether the co-applicant of a PCT application who is different from the inventors named in a US priority application can, in the European phase, validly rely on the priority right under Article 87(1) EPC?

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The IPKat

MARCH 19, 2024

Article 84 EPC specifies that "the claims shall define the matter for which protection is sought. For the Board of Appeal, legal basis for adaptation of the description requirement per se could be found in Article 84 EPC. They shall be clear and concise and be supported by the description".

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LexBlog IP

MAY 31, 2023

The below article explores these schools of thought: the case for and against the requirement of listing an AI as an inventor based on the law regarding conception, inventorship, and joint inventorship under U.S. patent law. Patent law requires that a patent application list at least one human inventor. ” Id.

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The IPKat

OCTOBER 6, 2023

Copyright Eleonora Rosati discussed the Valve Corporation, T-172-21, judgment issued by the General Court on the applicability of Article 101 TFEU in the copyright context. Trade marks Alessandro Cerri analysed the recent EUIPO decision, R 275/2023-4, in relation to trade mark protection in virtual worlds.

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The IPKat

OCTOBER 31, 2023

T 0258/21 : Case background T 0258/21 related to the EP patent application EP 12716828.4. The application claimed clevidipine for the treatment of ischemic stroke. The closest prior art was identified as a journal article mentioning the use of clevidipine for the treatment of haemorrhagic stroke.

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Canadian Intellectual Property Blog

AUGUST 23, 2023

At the same time, the definition of “small entity” in the Patent Rules will be broadened from the current 50 employees to fewer than 100 employees, which would mean that more companies can fall into the small entity category and thus utilize the lower official fees.

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IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. This milestone comes during a particularly prolific period for design patents. In 2022 alone, the USPTO received more than 50,000 design patent applications.

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Patently-O

NOVEMBER 21, 2023

17, 2023) Last week, the USPTO released a document entitled “Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces.” 11380, 11381 (footnotes omitted). 11380, 11381–82.

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SpicyIP

JANUARY 20, 2023

BioNTech/Pfizer’s response is below: This article was originally published on Bill of Health , the blog of Petrie-Flom Center at Harvard Law School. COVID-19 Vaccine Patent Infringement? In their initial August 2022 complaint , Moderna alleged that three of its mRNA patents were infringed by Pfizer/BioNTech.

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Patently-O

JANUARY 4, 2024

HLG filed a motion to dismiss addressing UTL’s pre-suit willfulness allegations on August 23, 2023. In Cannon, the Iowa Supreme Court affirmed disciplinary action against a lawyer who filed a brief using work that was largely plagiarized from a published article. ” The court ordered Cannon to certify he was the author.

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IP Watchdog

NOVEMBER 30, 2021

On Friday, November 19, the USPTO announced that it will be delaying the $400 fee for patent applications filed in non-DOCX formats until January 1, 2023.

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The IPKat

MARCH 15, 2024

In G 1/22 (and G 2/22), the Enlarged Board of Appeal (EBA) found that there is a strong rebuttable presumption that an applicant of a European patent application is entitled to claim priority. The Broad Institute famously lost a highly commercially valuable CRISPR patent for invalid priority ( T 844/18 , IPKat ).

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Patently-O

APRIL 21, 2024

In his recent article, Prof. Nikola Datzov wrote what we have all been thinking: “Innovative applications of AI are everywhere we look [and are] revolutionizing our society.” Datzov, The Role of Patent (In)Eligibility in Promoting Artificial Intelligence Innovation , 92 UMKC L. 1, 4 (2023). ” Nikola L.

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The IPKat

SEPTEMBER 29, 2023

The ever-present question for IP in certain technical fields is how much data is needed to support a patent application. However, in some cases, the amount of data needed to overcome this doubt to support a patent application may still be surprisingly minimal.

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The IPKat

NOVEMBER 3, 2023

Image via Pixels Copyright Katfriend, Matt Blaszczyk shared an article on copyright protection of “authorless” works. Patents Rose Hughes discussed how the implementation of the new sequence listing by the EPO (required for biological sequences disclosed in a patent application) ST.26,

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The IPKat

JANUARY 28, 2024

The most common ground on which petitions for review are filed is that of a fundamental procedural defect of the right to be heard ( Article 112a EPC ). Further reading Plausibility demystified - a review of EPO case law before G 2/21 (Feb 2023) G 2/21: Is the technical effect embodied by the invention as originally disclosed?

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The IPKat

SEPTEMBER 10, 2023

The Board of Appeal concluded that: If the data in the application as filed and the Opponent's post-published data were taken into account, inventive step (synergy against P. If the data in the application as filed, and both the Opponent's and Patentee's post-published data were taken into account, inventive step (synergy against C.

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Indiana Intellectual Property Law

JUNE 20, 2023

The U.S. (..)

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LexBlog IP

AUGUST 16, 2023

I can only go on what is written in the article. The article, entitled The inventor who fell in love with his AI , is paywalled, so unfortunately you will need a subscription (or access to an institutional subscription) to read it. The first point I would make, however, is that the title is somewhat misleading and sensationalist.

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Indiana Intellectual Property Law

APRIL 13, 2023

Patent Office issued the following 204 patents to persons and businesses in Indiana in February 2023: Patent No.

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The IPKat

NOVEMBER 27, 2023

In other words, the EBA would have quoted the very strict gold standard of "a direct and unambiguous disclosure" associated with Article 123(2) EPC. However, G2/21 requires merely that a technical effect is "derivable" from the application as filed, and not that it is "directly and unambiguously derivable'" (11.13.1). 2 of G 2/21 [.]

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LexBlog IP

AUGUST 28, 2023

However, recently, the Federal Circuit provided some guidance regarding enablement in a 2023 case. See in re Starrett , 2023 U.S.P.Q.2d 8, 2023) (nonprecedential). In re Starrett , 2023 U.S.P.Q.2d In re Starrett , 2023 U.S.P.Q.2d Patent Application 15/299,124 (“the ‘124 application”).

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The IPKat

JANUARY 12, 2024

At the close of 2023, the Supreme Court of the United Kingdom handed down its eagerly awaited and widely publicized judgment in Thaler v Comptroller-General confirming that a patent application may not name an AI machine as an inventor. So for those beloved folks, this article in Cycling Weekly will really hit the spot.

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Indiana Intellectual Property Law

SEPTEMBER 15, 2023

The U.S. (..)

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The IPKat

JUNE 30, 2023

This first referral of 2023 seeks clarification on the enablement test for prior use of a product. There has been a new referral to the Enlarged Board of Appeal (EBA). so that it can not be used as a starting point for inventive step). The Board of Appeal concluded by referring the following questions to the EBA (emphasis added): 1.

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SpicyIP

NOVEMBER 26, 2023

Emerald Enterprises vs Emerald Valves Private Limited on 21 November, 2023 (Delhi High Court) The Delhi High Court passed an ex-parte at interim injunction order restraining the defendants from using the mark “Emerald” for valves holding it to be deceptively similar to the plaintiff’s registered “Emerald” mark. Read on to know more!

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Patently-O

APRIL 25, 2023

The following are my remarks given on April 25, 2023 to the USPTO as part of their AI listening session: by Dennis Crouch Members of the USPTO, and fellow participants of this AI Listening Session, thank you for inviting me here today and for taking time to consider these important issues.

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The IP Law Blog

JUNE 8, 2023

The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. People.ai’s patents are some of the latest casualties.

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