Patently-O

OCTOBER 4, 2021

As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued.

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Journalism Art Patent Law Invention 104

LexBlog IP

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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Patent Application Invention Inventor Patent Prosecution 52

Trading Secrets

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

LexBlog IP

OCTOBER 12, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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Patent Application Invention Inventor Technology 52

IPilogue

JULY 7, 2021

While an employer may have invested significant resources to facilitate the production of an invention and wish to capitalize on their investment, their employee also likely devoted significant time and energy into developing the invention and may feel entitled to benefit from its associated IP. Private Sector Employees.

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TraskBritt Intellectual Property

MARCH 30, 2021

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” The Tesla laser patent application also considers using the technology to clean debris from photovoltaic solar panels. Steps to Obtain a Patent. Solvay S.A.

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Patent Trademark Blog

AUGUST 1, 2023

For the most part, foods generally do not appear on patents. Nonetheless, innovative foods can be patentable. Even the methods of making food can be patented. Like any other invention, a food concept must be novel and nonobvious in order to be patentable. Need to obtain a food patent?

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SpicyIP

MARCH 21, 2024

Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent. From a policy perspective, pre-grant oppositions are excellent policy.

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SpicyIP

JANUARY 2, 2024

The government allocates significant resources (totalling over 2742.078 crores in the five-year duration from 2017 to 2022 as released by the Rajya Sabha ) to actively monitor patent applications globally and contest (often frivolous than not) patents through oppositions. And if so, why was it filed in the first then?

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IP Tech Blog

FEBRUARY 9, 2022

the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). The issue at the heart of ALJ Cheney’s decision was whether the Leahy-Smith America Invents Act’s (AIA) amendments to the on-sale bar in 35 U.S.C.

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Invention Confidentiality Public Use Patent 57

The IPKat

DECEMBER 22, 2023

Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed?

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Invention Inventor Patent Law 110

Larson & Larson

FEBRUARY 23, 2023

On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act (“AIA”). Among the changes created by the AIA, a new system was put into place for the submission of prior art to the Patent Office prior to patent issuance. Larson and Larson has been using this process since its creation.

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LexBlog IP

FEBRUARY 9, 2022

the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). In its 2018 decision in Helsinn Healthcare S.A. Teva Pharmaceuticals USA, Inc. , ” 35 U.S.C. § § 102(b) (pre-AIA).

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Invention Confidentiality Inventor Public Use 52

LexBlog IP

MARCH 18, 2022

The Importance of Provisional Applications in the Patent Process. Do you have a provisional patent application that you want to convert to a non-provisional patent? JUMP TO: Filing a Non-provisional Patent Application. Getting Assistance with the Patent Process. Converting to a Non-provisional.

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Patent Application Patent Invention Confidentiality 52

LexBlog IP

DECEMBER 6, 2021

A trademark cannot be used to protect an invention, coding, or software program. Trademark protection can include a product or company’s name, a design, logo, color scheme, and identifying factors such as a unique sound played within an application (think of AOL’s famous “YOU’VE GOT MAIL”).

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LexBlog IP

JANUARY 25, 2022

As an inventor, you know that protecting your invention is vital to its success. The process of patenting can be daunting, but with the right tools and resources, it doesn’t have to be. These tools will help you better understand the patent process, conduct your own preliminary patent search, protect your invention, and more!

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LexBlog IP

AUGUST 30, 2021

Independent reinvention is permissible under trade secrets, but not with patents. And of course to obtain a patent, one must disclose the claimed invention to the public, in sufficient detail to enable one skilled in the relevant technology to make and use the invention.

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Patent Intellectual Property Confidentiality Invention 52

SpicyIP

DECEMBER 30, 2023

The judgement was passed in a writ petition filed by Natco Pharma against the Controller’s order granting Novartis a patent for a form of the Valsartan-Sacubitril complex, after conducting a unilateral hearing excluding Natco therefrom. Controller of Patents and Designs and Raytheon Company v. In Microsoft v.

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SpicyIP

MARCH 4, 2024

Case Summaries BMI Group Danmark Aps vs The Assistant Controller Of Patents on 22 February, 2024 (Delhi High Court) Image from here An appeal was filed against the impugned order rejecting the suit patent for lack of an inventive step.

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Invention Trademark IP Patent 59

LexBlog IP

SEPTEMBER 8, 2021

Patent and Trademark Office gave away process patents like candy. In reality, what is patentable is set out by statute. patent world into a tizzy. For inventions that may encompass software or scientific processes, the invention must not be an abstract idea.

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SpicyIP

APRIL 17, 2023

Highlights Of The Week IPO Rejects Janssen’s Secondary Patent Application for the Fumarate Salt form of Bedaquiline Image from here. Not re-examining the re-fled application. Bombay High Court clarifies that plaintiff must disclose confidential information to the court in cases where a breach of confidentiality is asserted.

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LexBlog IP

APRIL 10, 2023

important;}} The Four Pillars of Intellectual Property: Patents, Trademarks, Copyrights and Trade Secrets I. Patents A patent protects an invention, granting the inventor exclusive rights to make, use, sell, or import the invention for a limited period.

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SpicyIP

MARCH 11, 2024

Ynsect vs The Controller Of Patents on 28 February, 2024 (Delhi High Court) Image from here The appeal challenged the denial of an Indian patent application for insect treatment. The Controller of Patents rejected it, primarily citing prior art and asserting non-patentability under Section 3(i) of the Patents Act.

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SpicyIP

MARCH 25, 2024

Zydus Lifesciences Limited, on 13 March 2024 (Delhi High Court ) The case centered on the establishment of a confidentiality club in a biosimilar litigation dispute. The court, emphasizing the need to preserve timelines and avoid prejudice, directed the Defendant to file a reply to the application within one week.

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Trademark Patent Copyright Confidentiality 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

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Technology Patent IP Invention 52

LexBlog IP

MARCH 27, 2023

Patents: Inventorship Can an AI, such as ChatGPT, invent? No, according to various patent offices and patent laws around the world. Patent law, the term “inventor” is defined as an “individual” or “individuals” who “invented or discovered the subject matter of the invention.”

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Intellectual Property IP Inventor Copyright 52

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. Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patent prosecution timelines.

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Patently-O

FEBRUARY 26, 2023

And when an invention is in use by a member of the public (rather than the inventor), it is blackletter law that the use can be “public use” even if it takes place entirely in secret, behind closed doors. In addition, it is also blackletter law that the use need not enable the invention to constitute prior art.

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