Patently-O

MAY 18, 2023

The Court held that Amgen’s patent claims were invalid due to a lack of enablement, as they failed to provide adequate guidance for making and using the claimed antibodies. — (2023) ( 21-757_k5g1 ). In other words, the specification must enable the full scope of the invention as defined by its claims.

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Patent Law Law Patent Invention 120

Patently-O

JULY 13, 2023

by Dennis Crouch If you break it down far enough, every invention is simply a combination of known materials or steps. July 10, 2023) zeroes in on the motivation-to-combine analysis. Rather, the relevant art must align with the scope of the claimed invention. ” The Federal Circuit’s recent decision in Axonics, Inc.

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Invention Art Patent Patent Law 75

The IPKat

NOVEMBER 6, 2023

In the recent UK decision Astellas v Teva [2023] EWHC 2571 (Pat) Mr Justice Mellor in the High Court considered sufficiency, inventive step and infringement of Astellas' formulation patent for mirabegron. The decision also deviates from EPO practice on sufficiency and the inventive step of selection inventions.

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Invention Patent Law Patent Law 67

JD Supra Law

JANUARY 8, 2024

patent law by the Leahy-Smith America Invents Act were provisions for post-grant review (PGR) and inter partes review (IPR). One of the many changes introduced into U.S.

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Invention Patent Law Law Patent 63

Patently-O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements. Wade was good law before being overturned by the Court last term. by Dennis Crouch.

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Patent Law Law Patent Invention 125

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)).

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Invention Patent Application Art Patent 52

Patently-O

FEBRUARY 20, 2023

Ask whether the claimed invention is directed toward a categorical exclusion. If yes, ask whether the claimed invention includes something more, such as an inventive concept that transforms the abstract idea into a patent eligible invention. 2023) , highlights the current state of the law. 208 (2014).

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Invention Technology Patent Law 89

IP Watchdog

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) today released guidance for determining inventorship of artificial intelligence (AI)-assisted inventions. The USPTO issued a call for comments on AI inventorship in February 2023.

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Invention Patent Law Patent Trademark 63

SpicyIP

JANUARY 13, 2023

We are pleased to see that Banaras Hindu University is organizing the 10th Mahamana Malaviya National Moot Court Competition, with the problem for this year’s competition surrounding patent law and incremental innovations. The competition is from 24th March- 26th March 2023. About the Organizer. About the Competition.

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Patently-O

MAY 19, 2023

Thursday, July 20th, will offer another full day of sessions covering everything from responding to prior art rejections, to cultivating diversity in patent law, and best practices for PTAB appeals. My patent law update is Thursday morning. I hope to see you there! For more information and registration, click here.

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Intellectual Property Patent Law Invention Art 67

LexBlog IP

DECEMBER 21, 2023

16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. In Incept v. Palette Life Sciences 21-2063, 21-2065 (Fed.

Patent Law 52

Patent Law Patent Law Art 52

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).

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Patent Patent Application Government Designs 52

Trading Secrets

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

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Invention Confidentiality Privacy Public Use 59

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). To most patent practitioners and applicants, the practical effect is that the deadline for responding to the patent office is “shortened” by 15 days.

Patent 52

Patent Invention Patent Law Designs 52

LexBlog IP

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

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. The applicant appealed to the Patent Trial and Appeal Board; the PTAB affirmed the examiner’s decision. section 101.

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Patent Patent Application Invention Advertising 111

Patently-O

APRIL 26, 2024

594 (2023) and was struck by the Supreme Court’s statement that its 19th Century decision of Wood v. 1 (1847) “establish[ed] that a specification may call for a reasonable amount of experimentation to make and use a patented invention.” Background of the Invention Wood’s U.S. Sanofi , 598 U.S.

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Invention Patent Art Law 113

The IPKat

JANUARY 7, 2024

The Munich Local Division in SES vs Hanshow took a rather peculiar approach to claim interpretation, for which this Kat struggles to find basis in either EPO or national case law. The patent related to an electronic label for providing pricing information about a product to a consumer. T 439/22) (Jan 2024) Image credit : Midjourney

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Patent Law Contracts Invention 97

LexBlog IP

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

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Invention Confidentiality Privacy Public Use 52

The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. On November 6, 2023, the U.S. The dispute arose between HIP, Inc. (“HIP”)

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Inventor Invention Art Patent 110

IPilogue

MARCH 1, 2023

Madeleine Worndl, Lilian Esene, Jennifer Manley, Ibrahim Arif & Natalie Bravo are competitors on Osgoode’s 2023 Harold G. Fox Intellectual Property Moot Team and JD Candidates at Osgoode Hall Law School. This past weekend, students from Osgoode Hall Law School participated in the Harold G.

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Intellectual Property Patent Troll Invention Patent Law 111

The IPKat

DECEMBER 23, 2023

Rose Hughes outlined the recent EPO Board of Appeal decision ( T 1356/21 ), which discussed the criterion of novelty for pharmaceutical dosage regimes and selection inventions, as well as the reliance on an unexpected technical effect for inventive step.

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Intellectual Property IP Copyright Law Invention 67

The IPKat

JANUARY 22, 2023

Here are the nominees and winners: Best Patent Law Book The nominations were: Intellectual Property Protection for Plant Related Innovation: Fit for Future? We look forward to reading and reviewing more IP books in 2023! Thank you to readers who voted for the IPKat book of the year awards 2022!

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Intellectual Property Editing Intellectual Property Law Designs 98

Patently-O

OCTOBER 16, 2023

Google decision threatens to grind to a halt, or at least significantly restrict, a once-common patent prosecution strategy – keeping continuation applications pending for years to obtain new claims that cover marketplace developments. Google LLC , 20-06754 WHA, 2023 WL 6542320 (N.D. 6, 2023). Sonos Inc. Sonos Inc.

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Patent Patent Prosecution Invention Inventor 125

IPilogue

SEPTEMBER 15, 2022

We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! Originally created in 2014 as a midwest competition, the Competition is today a national inter-law school competition designed to introduce law students to issues arising in United States patent law.

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Patent Application Patent Patent Drafting Invention 81

The IP Law Blog

OCTOBER 12, 2023

The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. 8/2/2023) 2023 U.S. Realtime owned several patents covering systems and methods for digital data compression. Realtime Data LLC v. Fortinet Inc. (

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Patent Invention Law Patent Law 120

The IPKat

MAY 31, 2023

The decision in Amgen v Sanofi thus does not change the status quo whereby achieving functional claim language for antibody inventions represents a significant challenge in the US. Enablement and Written Description In US patent law, there are two distinct sufficiency requirements: enablement and written description.

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Invention Patent Patent Law Law 93

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. appealed to three of the patents. Alice Corp.

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Patent Invention Business Patent Application 98

Patently-O

MAY 8, 2024

The ‘507 patent, which has a priority date of October 1994, discloses and claims a method for disseminating interactive content via the World Wide Web. The Patent Eligibility Restoration Act of 2023 would also address these issues, but has little chance to pass this year. quoting Alice.

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Patent Invention Technology Patent Law 44

The IPKat

MARCH 26, 2023

Here’s what Daria writes: Expected introduction of a full patent examination in Switzerland: Opportunity or burden? by Daria Bohatchuk The patent law revision is currently underway in Switzerland. 59 (4) of the Patents Act, Botschaft , 11, 12). Full patent examination in Switzerland: quo vadis?

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Patent Patent Application Invention Intellectual Property 134

Patently-O

JANUARY 10, 2023

Read : David Boundy, What Every Patent and Trademark Lawyer Should Understand About the MPEP, TMEP, and Other Guidance: How to Use (and Defend Against) the MPEP to be a Better Advocate , 2023 Patently-O Patent Law Journal 1 (2023) ( Boundy.2021.HowToUseGuidance Prior Patently-O Patent L.J.

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Journalism Trademark Patent Patent Law 54

IPilogue

FEBRUARY 13, 2023

Specifically, Amgen seeks to appeal a decision from the Federal Circuit , in which the court found Amgen’s patents invalid for lack of enablement. The requirement of enablement in US patent law is codified in 35 USC s. In 2014, Amgen sued Sanofi for infringing on its patents concerning drugs for lowering cholesterol.

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Patent Invention Art Inventor 101

LexBlog IP

MAY 12, 2023

Patenting an invention requires pinning down the correct inventorship. Court of Appeals for the Federal Circuit recently determined that only humans can be named as inventors on a patent. Patents must also sufficiently describe the invention so as to enable a person of ordinary skill in the art to carry out the invention.

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IP Invention Intellectual Property Inventor 40

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. Attendance is free for members and new applicants for membership.

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IP Intellectual Property Law Law Invention 67

Patently-O

APRIL 12, 2023

These cases broadened scope of the “abstract idea” and “law of nature” exclusions in ways that largely overlap with other patent law doctrines, such as obviousness, indefiniteness, and even enablement. CLS Bank Int’l , 573 U.S. 208 (2014). Meanwhile, a third eligibility case of Avery Dennison v.

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Technology Art Patent Invention 62

Intepat

MAY 4, 2023

Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. Patent law operates on two principles i.e. to encourage innovation and to promote the progress of science and technology. The Supreme Court in Eldred v. An example of this is the case of FTC v.

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Law Patent Settlement Inventor 52

Patently-O

NOVEMBER 22, 2023

The chart above shows a visualization of the percentage of issued patents that include means-plus-function (MPF) claims over time, with two separate estimates based on the wording used in the claims. Functional claiming is a constant lure for patent drafters. For example, in Amgen v.

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Invention Patent Application Technology Patent 62