SpicyIP

MARCH 11, 2024

Singh’s book on Patent Law is finally out. It has been published by Thomson Reuters in two volumes and was launched on 9th March 2024 by Union Finance Minister Nirmala Sitharaman at Pragati Maidan. Justice Singh, in an interview about her new book , commented on the “importance of patent law for the common man.”

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LexBlog IP

FEBRUARY 14, 2024

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S.

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Patently-O

MAY 15, 2024

This wave of RFCs includes significant proposals aimed at adjusting patent fees for fiscal year 2025, refining terminal disclaimer practices, and addressing the impact of artificial intelligence on prior art and patentability. In the details below, I highlight the due dates for comments, which all fall in May, June and July 2024.

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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

APRIL 23, 2024

Patent and Trademark Office announced the winner of this year’s National Patent Application Drafting Competition (NPADC), the University of Missouri-Kansas City School of Law. I would encourage any law student interested in pursuing a career in patent prosecution to consider participating in the competition next year.

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Patently-O

APRIL 16, 2024

by Dennis Crouch Law school civil procedure courses spend very little time on proper venue because, in most cases venue is proper so long as the district court has personal jurisdiction over the defendant. This portion of the bill is entitled the “ Venue Equity and Non-Uniformity Elimination Act of 2024 or VENUE Act.”

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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 ). The amended Regulations came into effect on 20 January 2024. An important change brought about by the Regulations that may affect every PRC patent practitioner is the abandonment of the 15-day postal rule.

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Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. May 21, 2024) (en banc). Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech.

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Patently-O

MAY 22, 2024

by Dennis Crouch In a recent decision, the Federal Circuit vacated a district court’s grant of summary judgment that an inventor, Dr. Mark Core, had automatically assigned a patent associated with his PhD thesis to his then-employer and education funder TRW. May 21, 2024). Core Optical Techs., Nokia Corp. , 23-1001 (Fed.

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Patently-O

MAY 8, 2024

The petition presents three key questions for the Court’s consideration: Whether claims drawn to solving specific problems restricting the usefulness of an existing computer-network technology recite patent-eligible subject matter under 35 U.S.C. § Whether the challenged claims are patent eligible. May 1, 2024).

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43(B)log

FEBRUARY 16, 2024

2024 WL 629985, No. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. 11, 2023 (claiming that various products were “patented”). patent law.

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Patently-O

APRIL 26, 2024

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. This was a big case with Wood alleging that the defendants had made 100 million bricks and 100 million tiles using his patented process.

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SpicyIP

MAY 6, 2024

Controller of Patents. The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr. Anything we are missing out on?

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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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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 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Image from here A ‘Captured’ Patent Office? Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office. Prashant Reddy T.

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Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

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Patently-O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed. Compare D.L.

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Patently-O

MAY 30, 2024

2023) has set the stage for a potentially significant Supreme Court case on the interplay between the Patent Term Adjustment (PTA) statute, 35 U.S.C. § 154(b), and the judicially-created doctrine of obviousness-type double patenting (ODP). May 28, 2024). 4th 1216 (Fed. 23-1231 (U.S.

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Patently-O

APRIL 14, 2024

by Dennis Crouch The Federal Circuit’s August 2023 decision in In re Cellect, LLC has set-up a significant question regarding the interplay between the patent term adjustment (PTA) statute, 35 U.S.C. § 154(b), and the judicially-created doctrine of obviousness-type double patenting (OTDP).

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Patently-O

MAY 9, 2024

by Dennis Crouch The USPTO recently issued a notice of proposed rulemaking that could significantly impact patent practice, particularly in the realm of terminal disclaimers filed to overcome non-statutory double patenting rejections. 102 or 103). This is a major proposal that fundamentally alters the effect of terminal disclaimers.

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Patently-O

MARCH 18, 2024

The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. 256 to correct inventorship on an issued patent. The district court agreed, finding their contributions were significant to the conception of the claimed invention.

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Patently-O

MAY 20, 2024

May 20, 2024), Cellect argues that the Federal Circuit erred in upholding the PTAB’s (PTAB) invalidation of Cellect’s four patents based on the judicially-created doctrine of obviousness-type double patenting (ODP). As a result, the patents had staggered expiration dates. Vidal , No. __ (U.S. Cellect Cert.

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The IPKat

DECEMBER 22, 2023

PatKat reviewing the year It is time once more for the IPKat patent year in review! Pour yourself a glass of mulled wine, curl up with your favourite feline and catch-up on your EPO case law. Additionally, it is possible that the EPO wishes to connect the case law on plausibility with that on computer implemented inventions.

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Patently-O

MAY 17, 2024

The outcome here shows value for the intentional use of means-plus-function limitations as a mechanism for expanding patent scope when genus claims are otherwise unavailable. ” The decision will be captioned Ex parte Chamberlain , Appeal 22-1944 , and is post-dated May 21, 2024. Xencor’s patent application (U.S.

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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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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

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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The IPKat

JANUARY 12, 2024

AIPPI Rapid Reaction on Thaler in the Supreme Court next Thursday Next Thursday, 18 January, AIPPI UK is hosting their first event of 2024 and it's a good one - and online! Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions.

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IP Intelligence

MAY 24, 2024

Inter partes reviews (IPRs) and post-grant reviews (PGRs) are proceedings in front of the Patent Trial and Appeal Board (PTAB) that allow a petitioner to challenge a patent’s validity and a patent owner to defend that patent’s validity after the patent has been issued. 20-CV-06128-EJD, 2024 WL 1382465, at *13 (N.D.

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Patently-O

MAY 24, 2023

Bagley , Asa Griggs Candler Professor of Law, Emory University School of Law, co-inventor, and Principal, Diversity Pilots Initiative. Watch her video for Invent Together , entitled Challenges Encountered as a Diverse Inventor.

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LexBlog IP

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. The Order calls on the U.S. Copyright Office and U.S. § 101.

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Trading Secrets

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. See our prior post discussing some of the patentability issues for AI.

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LexBlog IP

NOVEMBER 1, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. The Order calls on the U.S. Copyright Office and U.S. § 101.

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Patently-O

APRIL 16, 2024

2024 WL 1561195 (Fed. 11, 2024) Human clinical trials play an essential role in the discovery, development, and regulatory approval of innovative drugs, and federal law mandates the public disclosure of these trials. The Court has recognized that a clinical study itself is a protected experimental use of the invention.

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Patently-O

FEBRUARY 29, 2024

Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” The second panel (2024) includes the same judges except that Judge Newman was replaced by Judge Chen. patent laws. 2-28-2024_2277625.

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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