Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

For example, companies pursuing patent protection in both the US and the EU should keep in mind a few key differences between these two jurisdictions to avoid losing valuable IP rights. Inventorship in the US is a critical component of patent ownership. Inventorship. Practice tip. Right of entitlement. Practice tip.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

Intellectual Property Law Blog

SEPTEMBER 29, 2022

In one key takeaway, the panel suggested drafting an application with specific details about the innovation in order to support patent eligibility and enablement for the innovative concept. Telling a detailed story explaining the novelty of the invention instead of merely providing a high level description.

Technology 130

Technology Trademark Patent Prosecution Patent 130

JD Supra Law

JULY 12, 2023

Establishing a prima facie case of obviousness based on a multiple prior art references generally requires that the references teach or suggest all claim elements and that one of ordinary skill in the art would be motivated to combine the references to achieve the invention as claimed.

Patent Prosecution 52

Patent Prosecution Art Invention Patent 52

Intellectual Property Law Blog

DECEMBER 14, 2023

The applicant, Malvern, unsuccessfully traversed the rejection on the merits, but removed the ’175 patent from prior art consideration by arguing that § 103(c)(1) applied, due to common ownership. After a change in ownership, Malvern sought supplemental examination of the ’175 patent under 35 U.S.C. §

Invention 130

Invention Patent Prosecution Ownership Inventor 130

Intellectual Property Law Blog

SEPTEMBER 30, 2022

Major innovations created in the biotechnology space may encounter issues in identifying patent eligible subject matter during patent prosecution (for example, panelists explained that abstract idea and natural phenomenon-based rejections are relatively common in the art unit for Biotechnology and Organic fields).

Technology 130

Technology Trademark Patent Prosecution Patent 130

Patently-O

FEBRUARY 12, 2024

The doctrine of equivalents states that someone can infringe on a patent even if they do not literally meet all of the elements of a patent claim, as long as their product or process is equivalent to the claimed invention. This is an objective assessment focused on comparing the major operational aspects.

False Advertising 101

False Advertising Invention Advertising Advertising 101

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. The authors would like to acknowledge an anonymous reader for sharing this development with us.

Patent 45

Patent Art Invention Patent Prosecution 45

Patently-O

JULY 28, 2021

Most patents involve two or more joint inventors who all claim to have contributed significantly to the invention. Conception of the invention is typically seen as the critical legal determinant of invention and some courts have written that each joint inventor must have contributed substantially to the conception of the invention.*

Inventor 127

Inventor Invention Patent Prosecution Art 127

GDB Firm Blog

NOVEMBER 17, 2021

4, 2021) A rejection based on obviousness can be a difficult rejection for patent applicants to overcome. In patent prosecution, an examiner who can find a reference or combination of references that supposedly incorporates the claimed invention can result in a stubborn obviousness rejection.

Patent Prosecution 52

Patent Prosecution Patent Application Invention Art 52

Patently-O

JANUARY 23, 2024

The patentee here argues that the courts should not find any solutions solutions obvious unless those solutions were themselves reasonably predictable from the prior art. 664 (1931) (not obvious unless results would have been “immediately recognized” by one skilled in the art). Dow Chemical Co. Halliburton Oil Well Cementing Co. ,

Art 80

Art Invention Patent Prosecution Patent 80

LexBlog IP

OCTOBER 24, 2023

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? 4 of the ‘240 patent shows that this is the type of invention we’d like to keep secret. defense departments (e.g.,

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

Trading Secrets

OCTOBER 24, 2023

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? 4 of the ‘240 patent shows that this is the type of invention we’d like to keep secret. defense departments (e.g., Figure 4 of U.S.

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

LexBlog IP

OCTOBER 12, 2023

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? 4 of the ‘240 patent shows that this is the type of invention we’d like to keep secret. defense departments (e.g.,

Patent Application 52

Patent Application Invention Inventor Technology 52

LexBlog IP

JUNE 3, 2022

CIPs are more difficult abroad because the parent applications of a CIP will be used as prior art against the CIP in those instances. Thus, the newly added subject matter of the CIP must independently be patentable (inventive and non-obvious) over the base subject matter that it shares with the parent application.

Intellectual Property 52

Intellectual Property Patent Patent Prosecution Art 52

SpicyIP

APRIL 10, 2024

Madras High Court Revokes Omega Ecotech’s Patent The Madras High Court on March 28, 2024 revoked Omega Ecotech’s Patent on a multistage bio composting kit and method of composting. The invention had a product claim and method claim. The Court also said that the use of chimneys in the invention is a mere workshop modification.

Patent 45

Patent Cease and Desist Invention Art 45

LexBlog IP

SEPTEMBER 30, 2022

Major innovations created in the biotechnology space may encounter issues in identifying patent eligible subject matter during patent prosecution (for example, panelists explained that abstract idea and natural phenomenon-based rejections are relatively common in the art unit for Biotechnology and Organic fields).

Technology 52

Technology Trademark Patent Prosecution Patent 52

LexBlog IP

SEPTEMBER 29, 2022

Chinese Utility models can provide an alternative to invention patents and supplement them too. Unlike invention patents, utility models are not examined. Most people incorrectly assume these “junk” patents are worthless because they are granted without any substantial examination.

Intellectual Property 52

Intellectual Property Invention Patent Application Art 52

Patent Trademark Blog

APRIL 14, 2022

Of all possible claim rejections, the most common rejections in utility patent applications will be based on the prior art. In other words, examiners will typically reject a utility patent for not being new or unique enough. Even if you think your invention is new, your utility patent app might get rejected for being obvious.

Patent Application 52

Patent Application Patent Design Patent Art 52

Patently-O

APRIL 14, 2024

In my patent prosecution class, the students are busy drafting a patent application. This year they are using a drafting tool known as Edge created by Evan Zimmerman that has an especially good chat-tool for creating a detailed invention disclosure. It is really fun to see the students dig deeply into this.

Blogging 57

Blogging Patent Prosecution Patent Application Invention 57

Patently-O

FEBRUARY 10, 2023

In particular, the Cooley LLP prosecuting attorney admitted to copying material from prior art into both the Abstract and the Detailed Description of the patent specification; but did not cite the reference within the patent document or disclose that reference to the USPTO for consideration.

Copying 92

Copying Patent Prosecution Invention Art 92

SpicyIP

JULY 31, 2023

But first, just to take a step back: What is a Product-by-Process Patent Claim? As a part of the patent bargain, an inventor must describe the invention and disclose the best method to perform it. Explaining the approach of Brazilian courts and patent office (BRPTO), Roberto Rodrigues Pinho et.

Patent 98

Patent Invention Patent Prosecution Inventor 98

Patently-O

AUGUST 22, 2023

605 (1950) is one of the court’s most cited patent cases. The decision established important guideposts for applying the doctrine of equivalents (“DOE”), including consideration of the prior art and a focus on the substantiality of differences. Linde Air Products Co. , Warner-Jenkinson Co. Hilton Davis Chemical Co. ,

Patent Prosecution 52

Patent Prosecution Patent Invention Art 52

IP Watchdog

SEPTEMBER 28, 2022

A major reason for this is that an examiner’s interpretation of a claim drawn to an innovation that may be worthy of patent protection may cause them to determine that the subject matter as claimed is not patentably distinct from the prior art.

Patent Application 128

Patent Application Patent Patent Drafting Invention 128

Patent Trademark Blog

AUGUST 13, 2021

How to get an early PCT prior art search. A prior art search is conducted for every PCT application. Depending upon your PCT filing date, that prior art search report may be issued sooner than an Office Action in a counterpart application. How can you take advantage of the PCT prior art search?

Art 74

Art Reporting Patent Prosecution Patent Application 74

SpicyIP

JULY 13, 2023

One of the other main concerns raised by IPQC members is that, currently, the patent examination seems to be more biased in the favour of granting patents regardless of the merit of a particular invention. – Nearly 90% of all Board of Appeal of the EPO decisions either completely or partly revoke the patent in question.

Patent Application 95

Patent Application Invention Designs Design 95

The IPKat

FEBRUARY 21, 2023

Much of patent prosecution and opposition at the EPO is an advanced game of spot the difference. Subtle differences between the application as filed and the claimed subject matter can be fatal to a granted European patent. The opponent argued that claim 1 as granted was not entitled to this priority date.

Patent Application 91

Patent Application Invention Patent Prosecution Patent 91

LexBlog IP

DECEMBER 14, 2023

The applicant, Malvern, unsuccessfully traversed the rejection on the merits, but removed the ’175 patent from prior art consideration by arguing that § 103(c)(1) applied, due to common ownership. After a change in ownership, Malvern sought supplemental examination of the ’175 patent under 35 U.S.C. §

Invention 52

Invention Patent Prosecution Ownership Inventor 52

The IPKat

SEPTEMBER 23, 2022

selected address issues such as SPC protection for combination products, double patenting, prosecution history estoppel and the influence of declarations made by the patentee in parallel proceedings, the possibility for national courts to request technical opinions from the EPO under Art.

Litigation 82

Litigation Law Patent Invention 82

TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. A search may take a day or up to a week.

Patent Application 52

Patent Application Patent Invention Patent Prosecution 52

SpicyIP

NOVEMBER 7, 2022

The Controller of Patents where it rebuked the Plaintiff for not filing written submissions in time and thereby delaying the patent application process. She highlights how the decision reiterates the importance of adhering to procedural tenets during patent prosecutions. Future Bath Products Private Ltd.

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111

LexBlog IP

NOVEMBER 17, 2022

For example: Teaching Away Non-analogous art Level of Skill in the Art Evidentiary issues Flowery presentations on the Invention. Non-analogous art is another such argument, although less common than teaching away. In the predictable arts, rarely is this a fruitful endeavor.

Patent 52

Patent Patent Prosecution Art Litigation 52

IP Watchdog

OCTOBER 4, 2022

During IPWatchdog’s LIVE event in Dallas, Texas, in September, USPTO Texas Regional Office Director Hope Shimabuku explained that issuing “robust and reliable patents”—which seems to have replaced the oft-maligned term, “patent quality,”—is a key focus for USPTO Director Kathi Vidal.

Publishing 69

Publishing Patent Invention Art 69

Patent Trademark Blog

AUGUST 11, 2021

Amendments are, therefore, common and to be expected in the normal course of patent prosecution. What is at stake is the scope of the claims that will ultimately end up in the utility patent you’re hoping to obtain. How should you amend patent claims? How will your accompanying arguments affect your patent rights?

Patent Application 66

Patent Application Art Patent Prosecution Patent 66

The IPKat

DECEMBER 11, 2023

That makes it reasonable to infer that these patents, on average, cover smaller parts of composite technologies than in previous times. This is also known as the “hold up” problem in the literature [e.g. This is also known as the “hold up” problem in the literature [e.g.

Patent Law 70

Patent Law Law Patent Invention 70

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. In such a case, the fact that an embodiment is not covered by the claims must be prominently stated (T 1808/06)" (F-VI-4.3, emphasis added).

Invention 98

Invention Patent Application Patent Prosecution Patent 98

SpicyIP

DECEMBER 27, 2021

Natco argued that the suit patent is covered under prior art IN 213176 (IN 176) which is a “compound and a pharmaceutical composition for use in enhancing platelet production.” Natco then argued EO lacked an inventive step over Eltrombopeg patent and was obvious. Relying on Novartis v.

Patent 105

Patent Art Patent Prosecution Litigation 105

LexBlog IP

MARCH 1, 2022

Unlike a patentability report that looks at the invention as a whole, FTO searches take a component-based approach. Each product component is evaluated to ensure your product does not infringe on any other enforceable patents. to determine if any enforceable patents cover the components in question. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-621e9d93ad24a1406{flex-wrap:

Intellectual Property 52

Intellectual Property Art Technology Patent Infringement 52