IPilogue

SEPTEMBER 15, 2022

2021-2022 was a big year for the Osgoode’s mooting team entry for the USPTO National Patent Application Drafting Competition. We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! About the National Patent Application Drafting Competition.

Patent Application 81

Patent Application Patent Patent Drafting Invention 81

JD Supra Law

DECEMBER 27, 2023

On 20 December 2023 the UK Supreme Court handed down its judgment in the long-running saga of the DABUS patent applications in the United Kingdom.

Patent Application 71

Patent Application Inventor Patent Invention 71

LexBlog IP

JANUARY 3, 2024

The court held that an AI system is not a person, let alone a natural person, thus this requirement cannot be met by an AI system which has autonomously created an invention. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

Patent Application 52

Patent Application Inventor Patent Invention 52

IP Tech Blog

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

Invention 57

Invention Inventor Patent Patent Application 57

JD Supra Law

DECEMBER 5, 2023

March 10, 2023) In a PTAB decision that was recently designated precedential, the Board made two important decisions concerning provisional patent applications. Critically, the Board held that the America Invents Act (AIA) brought forth a change in how provisional patent applications are considered in the prior art analysis.

Patent Application 61

Patent Application Invention Art Designs 61

The IPKat

SEPTEMBER 10, 2023

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

Invention Publishing Law Patent Application 120

LexBlog IP

MARCH 5, 2024

The Guidance, for USPTO examiners and applicants, addresses inventorship and the use of AI, including generative AI, in the inventive process. The Guidance provides illustrative examples in which AI systems play different roles in the inventive process, to show how the USPTO will analyze inventorship issues.

Invention 52

Invention Inventor Patent Patent Application 52

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.

Invention 125

Invention Inventor Patent Intellectual Property 125

SpicyIP

MAY 17, 2023

Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. Prabhat Kumar Saha highlighting certain concerns of the USTR in the 2023 Special 301 Report and assessing the same from a public health perspective.

Reporting 137

Reporting Intellectual Property Patent Application Intellectual Property Law 137

IP Intelligence

FEBRUARY 23, 2024

Further to President Biden’s 2023 executive order (EO) on the safe, secure and trustworthy development and use of artificial intelligence (AI) last year ( see [link] ), the U.S. Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 4] Based on U.S.

Invention 52

Invention Inventor Patent Application Designs 52

JD Supra Law

JULY 18, 2023

July 14, 2023) Our case of the week addresses a wrinkle in the law concerning disputes between parties that filed patent applications covering the same invention on either side of the effective date of the America Invents Act (the AIA). SNIPR Technologies Limited v. Rockefeller University, Appeal No.

Invention 52

Invention Patent Application Technology Law 52

JD Supra Law

JULY 28, 2023

Patent and Trademark Office to reject patent applications directed to biotechnology-related inventions, held (In re Brana) that utility of such inventions did not require demonstration of therapeutic effectiveness, those determinations being the purview of the FDA.

Technology 98

Technology Invention Patent Application Trademark 98

Patently-O

MAY 25, 2023

2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide catheter used in interventional cardiology procedures. Patent 7,736,355 (“Itou”) could be regarded as prior art. Under this regulation, a third party’s US or PCT patent application becomes prior art once published.

Invention 70

Invention Inventor Art Patent Application 70

LexBlog IP

AUGUST 28, 2023

However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and the written description of the patent to which it belonged failed to describe “ how ” the claimed invention implemented this element. 1243 , 1254 (2023)).

Invention 52

Invention Patent Application Art Patent 52

JD Supra Law

FEBRUARY 5, 2024

As part of the America Invents Act (“AIA”), Congress moved the patent system from a first-to-invent to a first-inventor-to-file system. For patents governed by the new first-to-file system, the Act also eliminated interferences, which are administrative priority contests before the PTAB.

Technology 63

Technology Invention Inventor Patent Application 63

The IP Law Blog

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.

Patent 111

Patent Patent Application Invention Advertising 111

Selvam & Selvam Blog

AUGUST 24, 2023

The Ministry of Commerce and Industry has recently released The Draft Patents (Amendment) Rules 2023 for public comment. Proposed Change: A cumulative fee based on multiple criteria such as the type of application, specification length, number of claims, and the kind of examination requested. Proposed Change: Every three years.

Patent 52

Patent Invention Patent Application Inventor 52

Biswajit Sarkar Copyright Blog

SEPTEMBER 27, 2023

August 22, 2023, the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, proposed the Patents (Amendment) Rules, 2023. This set of amendments if accepted has the potential of altering the entire patent ecosystem of the nation. The post The Patents Amendment Rules, 2023.

Patent 52

Patent Invention Patent Application Designs 52

Intellectual Property Law Blog

AUGUST 1, 2023

Patent Application 15/131,442 (the “’442 Patent”) with claims directed to a method of increasing prostacyclin release in systemic blood vessels of a human to improve vasodilation and reduce hypertension. Background John L. Couvaras filed U.S. Rea , 762 F.3d 3d 1346 (Fed.

Art 130

Art Invention Patent Patent Application 130

LexBlog IP

JUNE 22, 2023

Interesting Patents | Nintendo and Pokémon Company’s New Patent Application by Founders Legal The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. Looking for more information on patents ?

Patent Application 52

Patent Application Patent Intellectual Property Technology 52

JD Supra Law

MAY 19, 2023

21-757: This case addressed the Patent Act’s “enablement” requirement—the provision that requires a patent applicant to describe the invention “in such full, clear, concise, and exact terms as to enable any person skilled in the art.to make and use the [invention].”. Sanofi, No. By: Dorsey & Whitney LLP

Invention 55

Invention Patent Application Patent 55

SpicyIP

OCTOBER 20, 2023

Reengineering of the Requirement of Disclosure of Foreign Applications by the 2019 Patent Manual – on the requirement to disclose the corresponding foreign patent applications. Part II: Diagnostic method patents in India – on prohibition to patent diagnostic methods.

Patent Application 64

Patent Application Designs Design Invention 64

Intellectual Property Law Blog

JULY 31, 2023

In 2014, UCB sued Actavis for infringement of the Muller patents. UCB prevailed in the lawsuit, and was awarded an injunction against Actavis until March 2021, when one of the Muller patents expires. In 2018, UCB filed a new patent application (the “’589 patent”, priority date 2009) covering a reformulation of Neupro.

Art 130

Art Invention Patent Patent Application 130

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. 34) ( Cf.

Invention 112

Invention Art Patent Application Law 112

Intellectual Property Law Blog

JULY 25, 2023

Within hours after the meeting, Berardi built his own prototype and three months later filed a patent application, which was granted as one of the six patents. The other five patents involve subject matter related to the first patent. Tristar counterclaimed to correct the inventorship of the six patents.

Inventor 130

Inventor Designs Design Invention 130

Intellectual Property Law Blog

MAY 22, 2023

On May 18, 2023, the Supreme Court of the United States issued a unanimous decision in the case of Amgen Inc. After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. §

Invention 246

Invention Art Patent Inventor 246

LexBlog IP

OCTOBER 6, 2023

. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g). patent system from a first-to-invent system to a first-to-file system.

Invention 52

Invention Patent Application Inventor Government 52

The IPKat

AUGUST 8, 2023

The recent High Court decision in Ensygnia v Shell ( [2023] EWHC 1495 (Pat) ) is highly relevant to the ongoing controversy of claim interpretation and description amendments ( IPKat ). A difference between interpretation of the claims pre-grant and post-grant may then invalidate the patent for added matter.

Invention 94

Invention Inventor Patent Patent Application 94

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

Patent 52

Patent Patent Application Government Designs 52

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.

Patent Law 52

Patent Law Law Intellectual Property Intellectual Property Law 52

Intepat

JANUARY 15, 2024

Thaler, the applicant, approached the UK Patent Office with two patent applications. At the heart of this case lies a critical examination of the UK Patent Act 1977, specifically Section 13(2). Failing to comply would result in the application being considered withdrawn.

Inventor 94

Inventor Patent Law Invention Law 94

The IPKat

JANUARY 28, 2024

G 2/21 and T 0116/18 : Case catch-up In G 2/21 , the EBA considered whether post-published evidence may be taken into account for inventive step. In order to be relied on for inventive step, a technical effect must be "conceptually comprised" in the broadest technical teaching of the application as filed ("encompassed").

Invention 67

Invention Publishing Law Patent Application 67

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Grupo Petrotemex v.

Trademark 126

Trademark Invention Patent Art 126

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. The applicant appealed to the Patent Trial and Appeal Board; the PTAB affirmed the examiner’s decision.

Patent 52

Patent Patent Application Invention Advertising 52

SpicyIP

MARCH 14, 2023

We are pleased to announce that the Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World Network are jointly organizing the 4th edition of their workshop on ‘Patent Opposition in the Pharmaceutical Field’ between April 24-28, 2023. The last date to apply for the workshop is March 25, 2023.

Patent 121

Patent Editing Patent Application Art 121

The IPKat

NOVEMBER 27, 2023

G2/21: Case catch-up In G2/21 , the Board of Appeal asked the EBA to clarify whether post-published evidence may be taken into account for inventive step. G2/21 clearly does not permit armchair inventing (r.11.1, T 0258/21 , IPKat ). Moths What does it mean for the technical effect to be "encompassed"?

Invention 67

Invention Publishing Patent Application Law 67

LexBlog IP

MAY 31, 2023

If such new content forms part of a new “invention” (i.e., part of a patent claim), does the AI system need to be listed as an “inventor”? It may all come down to “conception” – that is, whether an AI system can mentally conceive and contribute to an invention. an invention).

Inventor 40

Inventor Patent Application Invention Patent 40