SpicyIP

SEPTEMBER 19, 2023

Image from here The Draft Patent (Amendment) Rules, 2023 is quite the mixed bag. The Indian patent prosecution stage holds a very important spot in the overall patent regime of the country.

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Patently-O

JULY 16, 2023

2023 ) Just in time for my early August floating trip down in the Ozarks, the Federal Circuit has affirmed the USPTO’s rejections of Float’N’Grill’s proposed reissue claims. In patent lingo, we call this a “floating apparatus with grill supports” to allow grilling while floating in water.

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Patent Invention Patent Prosecution Patent Application 98

The IP Law Blog

MARCH 30, 2023

The United States Patent and Trademark Office (“USPTO”) has reduced the patent fees for small businesses and certain other applicants. This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system.

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Business Inventor Patent Licensing 98

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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SpicyIP

JULY 31, 2023

Image from here In a significant development, the Delhi High Court on July 24, 2023 passed a detailed order on ‘product-by-process’ patent claims in Vifor International Ltd. Controller of Patents , analysed by Amit here and here and the IPAB order in the State University of New York v. MSN Laboratories Pvt. Ltd and an r.

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Patent Invention Patent Prosecution Inventor 98

LexBlog IP

MARCH 30, 2023

The United States Patent and Trademark Office (“USPTO”) has reduced the patent fees for small businesses and certain other applicants. This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system.

Business 52

Business Inventor Patent Licensing 52

SpicyIP

APRIL 10, 2024

Image from here Refuse: (1) to vacate an interim injunction, (2) to remand back to the patent office, and (3) to continue allowance of a patent grant! 2 major concerns stand out here- first, it must be noted that the validity of the suit patent was upheld after a “prima facie” assessment by the Court in the January 2023 order.

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SpicyIP

APRIL 3, 2024

Over the course of the last 2 years, we have seen High Courts remand numerous orders (read: reject) to the Indian Patent Office for reconsideration. Controller of Patents is the latest addition in this list of remands on the above grounds. 2023) resolves the controversy merely in 5 lines.

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SpicyIP

JANUARY 18, 2023

As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Views expressed in the post are his own.

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Patent Application Reporting Public Domain Patent 141

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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Patent Application Publishing Technology Patent 69

LexBlog IP

SEPTEMBER 5, 2023

The Federal Circuit recently upheld the Patent Office’s decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP). Unless overturned, this decision will significantly affect patent families that have patents with different expiration dates.

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Patent Patent Application Inventor Intellectual Property 52

SpicyIP

DECEMBER 27, 2021

The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Drug and the patent. The EO patent bears the number IN 233161 (IN 161). Background

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Patent Art Patent Prosecution Litigation 105

Patently-O

JANUARY 4, 2024

Winston Strawn Plagiarism Complaint Winston Strawn Plagiarism Attachments I recall being asked to draft my first patent infringement complaint back in early 2003 – a few months after graduating from law school. HLG filed a motion to dismiss addressing UTL’s pre-suit willfulness allegations on August 23, 2023.

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Plagiarism Fair Use Copying Copyright Infringement 124

Patently-O

NOVEMBER 6, 2023

6, 2023) [ decision ] The Federal Circuit’s bread-and-butter over the years has been claim constructions that often surprise or confuse district court judges. Patent Nos. But the prosecution history did not compare pH 13 with values in between 12 and 13. Mylan Pharmaceuticals Inc., 2022-1889 (Fed. Actelion’s U.S.

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Patent Application Patent Prosecution Patent Inventor 68

SpicyIP

DECEMBER 17, 2023

From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Highlights of the Week By Whom and How Are Our Patent Examiners Being Recruited? Recently, the MHC clarified its position on this.

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IP Trademark Advertising Advertising 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Fish & Richardson is proud to announce the elevation of 15 attorneys to principals at the firm, effective January 1, 2023. With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Joel Henry (Washington, D.C.),

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Intellectual Property Journalism Intellectual Property Law Litigation 52

Patently-O

MAY 24, 2023

By David Hricik, Mercer Law School In a single decision issued by several panels, the Board held that the patentee had failed to act in good faith by, boiled down, intentionally withholding material test data that was inconsistent with the arguments it was making in favor of patentability of both original and proposed substitute claims.

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Inventor Patent Prosecution Patent Patent Application 40

The IPKat

FEBRUARY 7, 2022

Draft version The requirement to amend the description of a European patent application in line with the scope of the claims is a peculiarity of European patent prosecution. Perhaps this will persuade the EPO to rethink their approach in time for 2023? emphasis added). Section F-IV, 4.3 T 0471/20) (5 Jan 2022).

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Invention Patent Application Patent Prosecution Patent 98

SpicyIP

JULY 22, 2023

It notes that despite the government initiatives to strengthen India’s IP regime, applying the ‘narrowly focused’ and ‘stringent’ patent laws toward AI applications remains challenging. The GPAI Summit 2023 is scheduled to be held in December in New Delhi. It is not clear what this refers to though.

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