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Adding matter by cherry-picking from separate embodiments: Philip Morris v BAT ([2023] EWHC 2616 (Pat))

The IPKat

In the recent UK case of Philip Morris v BAT [2023] EWHC 2616 (Pat) , His Honour Justice Hacon (Hacon HHJ) considered the standard for invalidity due to added matter. Invalidity in view of added matter is a common patent pitfall in Europe ( IPKat ).

Invention 113
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[Webinar] Patent Fundamentals Bootcamp 2023: An Introduction to Patent Drafting, Prosecution, and Litigation - September 12th, 8:00 am - 5:00 pm PDT

JD Supra Law

PLI’s Patent Bootcamp offers an exceptionally comprehensive and interactive environment for attendees who want to learn the basics of patent application preparation, claims drafting, and prosecution, as well as recent developments in the law.

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CALL FOR TRYOUTS – USPTO National Patent Application Drafting Competition

IPilogue

We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise by 3 pm on Friday, September 23, 2022.

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Unambiguous disclosure without patent profanity (T 2171/21)

The IPKat

US patent attorneys wishing to understand certain peculiarities of European patent drafting need look no further than the recent Board of Appeal decision in T 2171/21. This case is a textbook example of the EPO's strict approach to added matter.

Patent 109
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AI Visualize and the Eligibility of Innovative AI Systems

Patently-O

Datzov, The Role of Patent (In)Eligibility in Promoting Artificial Intelligence Innovation , 92 UMKC L. 1, 4 (2023). AI Visualize had asserted four related patents that facilitated use of a low-bandwidth web portal for visualizing 3D/4D medical scans. ” Nikola L.

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EPO maintains ST.26 sequence listing requirement for divisionals but compromises on excess page fees

The IPKat

Tangential to this discussion is the broader question of whether the sequence listing standard requirement for patent applications is fit for purpose. 26 implementation (Aug 2022) Highlights from the new EPO Guidelines for Examination 2023: Erroneous parts, UPC and sequence listings (Feb 2023) Looking beyond ST.26:

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The Analogous Art Doctrine Post-KSR: Insights from the Federal Circuit’s Daedalus Decision

Patently-O

8,671,132 (‘132 patent) unpatentable under 35 U.S.C. § 2023-1313, slip op. DivX, LLC , explicitly articulating the problem solved by the invention (perhaps within the patent claims themselves) can limit the field of endeavor and pertinent prior art to references addressing that particular problem. Daedalus Blue LLC v.

Art 68