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The criteria for the novelty and inventive step of pharmaceutical selection inventions (T 1356/21)

The IPKat

The case related to the novelty and inventive step of a second medical use claim. The Board of Appeal considered the appropriate application of EPO case law on the novelty of dosage regimes and selection inventions, and the reliance on an unexpected technical effect for inventive step.

Invention 119
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G 2/21 does not permit armchair inventing (T 0258/21)

The IPKat

The recent decision in T 0258/21 , by contrast, is the first interpretation of G 2/21 leading to a finding of a lack of inventive step in view of an inadequate disclosure of the purported technical effect. However, T 0258/21 related to subject matter for which the EPO has always required additional evidence.

Invention 120
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2023 Patent Litigation: A Year In Review

IP Law 360

Attorneys filed fewer patent suits in district courts in 2023 than in any year for more than a decade, and the amount of America Invents Act petitions at the Patent Trial and Appeal Board fell to a 10-year low as well. in 2023, with the Eastern District of Texas overtaking it.

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Ironburg Inventions Ltd. v. Valve Corp. 21-2296 (Fed. Cir. Apr. 3, 2023)

Intellectual Property Law Blog

Background In 2015, Ironburg Inventions Ltd. . § 315(e)(2); and (2) the “skilled and diligent searcher” inquiry itself with respect to what a skilled and diligent searcher reasonably would have been expected to discover. Ironburg”) sued Valve Corporation (“Valve”) for infringing U.S. 8,641,525 (“the ’525 patent”).

Invention 130
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Patent Grant Total 2023

Patently-O

by Dennis Crouch The US Patent and Trademark Office (USPTO) issued a total of 312,100 utility patents in the calendar year 2023. One of the biggest changes from 2022 to 2023 is that non-US patent applicants dropped from 51% of the total down to 48%. This marks the fourth consecutive year of decline in the number of issued patents.

Patent 108
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Interpretation of G 2/21: Inventive step may be supported solely by post-published data (T 0116/18)

The IPKat

The minutes are brief but confirm the Board of Appeal's decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. The inventive step of the claimed invention was acknowledged based on the post-published data submitted by the Patentee. How many moths needed for an invention?

Invention 120
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PTO Provides Guidance on Inventions Created with Help from Artificial Intelligence

JD Supra Law

On February 13, 2024, the USPTO (PTO) published its guidance for inventions made with the assistance of artificial intelligence (AI). The PTO published the guidance in response to the directive it received in the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence issued October 20, 2023.