Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. 21, 2024) (question paraphrased). Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Patent D657,093.

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The IPKat

FEBRUARY 13, 2024

The updated EPO Guidelines for Examination will enter into force on 1 March 2024. The main updates this year reflect the recent decisions from the Enlarged Board of Appeal (EBA) in G2/21 (Evidence standard for inventive step/plausibility) and G 1/22 (Entitlement to priority). A draft version of the Guidelines can be previewed here.

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IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 1] The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. In Thaler v. 4] Based on U.S.

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LexBlog IP

FEBRUARY 14, 2024

The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). 2022), and this release provides guidance regarding the open question of human inventorship for inventions developed by a person working with the assistance of an AI system. Vidal , 43 F.4th 4th 1207 (Fed.

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SpicyIP

APRIL 30, 2024

Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. This post attempts to critically analyse the relevance of difference in the purported function of the invention and prior art to determine non-obviousness in identifying the inventive step.

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The IPKat

MAY 20, 2024

The next day, LES is holding the full-day LES100 Training Course, “Commercialising IP through the Power of Licensing”, which is the introductory course in the Licensing Executives Society’s Intellectual Asset Management Series and it is designed for those who are relatively new to licensing. For more information and to sign up, click here.

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Intellectual Property Law Blog

FEBRUARY 6, 2024

The America Invents Act created inter partes review in 2012. Statutory estoppel is one of the features of the statute that balances the interests of patent owners and patent challengers. The second interpretation is that “‘grounds’ are the particular patents and printed publications. 35 U.S.C. § In Prolitec Inc.

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The IPKat

JULY 22, 2022

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. This is referred to as a proposed new ‘patent disclosure requirement’. plants, animals, and microorganisms), and knowledge systems.

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The IPKat

MAY 19, 2024

The USPTO has issued a request for comments regarding the impact of AI on patentability. The USPTO specifically calls for views on how the proliferation of AI could affect evaluations of patentability, including what qualifies as prior art and the capabilities of the person skilled in the art. Comments are due by 29 June 2024.

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Patently-O

MARCH 11, 2024

5, 2024) ChewyvIBM. The district court had ruled against the patentee (IBM) — finding one patent ineligible and the other not infringed. The patents at issue were IBM’s U.S. Patent Nos. On remand, a jury may need to decide whether claim 12 of the ‘849 patent is valid and infringed.

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LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. Operations LLC. [1]

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Canadian Intellectual Property Blog

AUGUST 23, 2023

The Canadian Intellectual Property Office (“CIPO”) has announced that effective January 1, 2024, most official fees will be increasing by 25%. On the patent side, the increase in the fees will be applicable to standard entity size. Thus, small entity patent applicants will only experience CIPO’s regular annual fee increase in 2024.

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The IPKat

MAY 20, 2024

If you were too busy enjoying the May sunshine last week, here's the summary of what you missed: Patents Image from Pixabay. Comments are due by 29 June 2024. Copyright and Designs Kevin Bercimuelle-Chamot discussed the recent judgment of the Tribunal judiciaire of Lyon. Details here.

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LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). More than three years later, the PRC State Council has finally approved and promulgated the amended Patent Implementation Regulations (“ Regulations ”) to align various patent practices with the changes made under the Patent Law.

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SpicyIP

MARCH 12, 2024

We are pleased to announce that the Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World Network are jointly organizing a workshop on ‘Patent Opposition in the Pharmaceutical Field’ between April 26-30, 2024. The last date to apply for the workshop is March 24, 2024.

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Intellectual Property Law Blog

FEBRUARY 13, 2024

February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection.

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Patently-O

MAY 19, 2024

1163 (2024). The article also examines how the characterization of intellectual property rights as “monopolies” has shaped legal doctrine, such as the Supreme Court’s reliance on the “public rights doctrine” to uphold adjudication of patent validity in administrative proceedings. Oil States Energy Servs.,

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Patently-O

FEBRUARY 12, 2024

Jordan is a third-year law student at the University of Missouri and a registered patent agent. Costco has a variety of goods that they sell in their stores as “house brand” Kirkland Signature ™ products, with the 7-piece player’s irons set designed by Southern California Design Company selling for $499.99.

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SpicyIP

MAY 14, 2024

A development that patent lawyers are surely going to find interesting, on March 13, the Delhi High Court, in Bayer Pharm Aktiengesellschaft v. The Controller General of Patents & Designs , clarified that a working example does not define the patent’s scope. What are Working Examples? Paragraph 05.03.09

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Patently-O

MAY 6, 2024

by Dennis Crouch This may be a useful case for patent prosecutors to cite to the USPTO because it creates a strong dividing line for the printed matter doctrine — applying the doctrine only to cases where the claims recite the communicative content of information. Kevin Emerson Collins, Patent Law’s Authorship Screen , 84 U.

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The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." 90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C.

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IPilogue

APRIL 22, 2022

Patent 8,129,385 (“patent 385”). ViiV alleges Gilead infringed upon patent 385 under the doctrine of equivalents, which has two exclusions: dedication-disclosure and specific exclusion. The doctrine of equivalents prevents parties from circumventing literal infringement by making minor variations to a patented invention.

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Patently-O

APRIL 21, 2024

2024), gives me pause to consider more general eligibility issues of AI Inventions. When does the design or creation of AI system elements qualify as an eligible invention? Datzov, The Role of Patent (In)Eligibility in Promoting Artificial Intelligence Innovation , 92 UMKC L. Patent Nos. Nuance , __ F.4th

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Patently-O

JANUARY 28, 2024

by Dennis Crouch Ficep begins its petition for certiorari with a brilliant statement of how its patented steel manufacturing method has won numerous awards and complements for its innovative approach, been copied by competitors, and led to numerous successful sales. Ficep petition for certiorari.

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The IPKat

FEBRUARY 14, 2024

Patents Happy Valentine's Day from the IPKat! With the WIPO Diplomatic Conference fast approaching in May 2024, this Kat considered how the proposal for a disclosure of origin requirement in patent applications for inventions based on genetic resources compares with the recent law reform efforts in Australia and India.

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The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed.

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Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. See my 2014 post. 102, and are presumed to be enabling.

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SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. The Patent Act: Catch 22 Does the Patent Act prevail over the Competition Act?

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Patently-O

FEBRUARY 19, 2024

Vanda sued, but lost on obviousness grounds — with the court holding that the claimed combination was obvious because it was directed to a set of known elements and a person of ordinary skill would have a “reasonable expectation of success” in reaching the resulting invention. NAPP Amicus Brief. Greenwood , 52 U.S. (11

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The IPKat

DECEMBER 23, 2023

If you've been too wrapped up with preparations for the holiday season , here's a summary of the IP news that you might have missed last week: Patents This Kat is still contemplating which IP books to put on her Christmas wish-list. Léon has recently published a book on the subject, which is being launched on 12 January 2024.

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LexBlog IP

FEBRUARY 6, 2024

The America Invents Act created inter partes review in 2012. Statutory estoppel is one of the features of the statute that balances the interests of patent owners and patent challengers. ” The second interpretation is that “‘grounds’ are the particular patents and printed publications. ” Id.

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Patently-O

JANUARY 12, 2024

by Dennis Crouch This article analyzes some of the latest developments in the ongoing legal battle between medical device company Masimo and tech giant Apple regarding Apple’s adjudged infringement of Masimo’s pulse oximetry patents in its Apple Watch. Customs around a modified design. ” See Standard Havens Prods.,

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SpicyIP

MARCH 25, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

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Technology & Marketing Law Blog

JANUARY 21, 2024

My SAD Scheme paper provided some data indicating that 88% of SAD Scheme cases involved trademarks, with only 6% each in copyright and patents. YouTube Uploaders Listed on Schedule A , 2024 WL 189013 (N.D. 17, 2024) * * * Bonus 1: The court issued a related ruling, Viral DRM LLC v. Onyshchuk , 2024 WL 189011 (N.D.

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Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127. 101, 102, 103, and/or 112.”

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SpicyIP

JANUARY 1, 2024

The Assistant Controller of Patents and Designs – A Reasoned Judgement or Inherently Contradictory? Image from here Despite noting the lack of clarity on the concepts of “technical effect” and “contribution” in the context of the patentability of CRIs, the DHC in Microsoft v. Other IP Developments Dept.

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Patently-O

FEBRUARY 11, 2024

by Dennis Crouch In a recent decision, the Federal Circuit held that a claimed range reciting narrower values than those described in the patent specification can still satisfy the written description requirement under 35 U.S.C. § Feb 9, 2024). RAI Strategic Holdings, Inc. Philip Morris Prods. 22-1862 (Fed. 2d 974 (C.C.P.A.

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