LexBlog IP

JUNE 23, 2022

The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) invalidated the CN Invention Patent No. The novelty art is an article published within the grace period (i.e., 201310567987.0 (the 201310567987.0 (the 1] See , [link].

Art 52

Art Patent Prosecution Patent Application Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. However, different countries have different patentability requirements and prosecution schemes, and these differences.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

Intellectual Property Law Blog

SEPTEMBER 30, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Part One – Helpful Tips for Prosecuting Patents in the Biotechnology Space. On September 22, 2022, the U.S.

Technology 130

Technology Trademark Patent Prosecution Patent 130

Intellectual Property Law Blog

DECEMBER 14, 2023

Specifically, the Federal Circuit found the plain and ordinary meaning of “pipette guiding mechanism” sufficient and addressed how various claim construction doctrines affected its analysis, including the use of a non-related patent cited in an IDS as intrinsic evidence. 8,827,549 (the “’549 patent”) and its parent, U.S.

Invention 130

Invention Patent Prosecution Ownership Inventor 130

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

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.

Patent 98

Patent Invention Patent Prosecution Inventor 98

IP Watchdog

SEPTEMBER 28, 2022

Patents that are expected to protect a company’s most valuable innovations must stake a claim to that innovation and be equipped to defend it. This is because being worthy of patent protection doesn’t guarantee that an application’s claims to an innovation will not be rejected and rights to that innovation jeopardized.

Patent Application 127

Patent Application Patent Patent Drafting Invention 127

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

Patently-O

FEBRUARY 12, 2024

Jordan is a third-year law student at the University of Missouri and a registered patent agent. TaylorMade P790 Iron (Exploded) Kirkland Signature ™ Irons (Exploded) For patent infringement, TaylorMade alleges infringement of five patents that contain “revolutionizing” technologies that TaylorMade asserts their patent covers.

False Advertising 101

False Advertising Invention Advertising Advertising 101

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.

Patent 45

Patent Cease and Desist Invention Art 45

Patent Trademark Blog

APRIL 14, 2022

Will your patent be rejected? Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. How to respond to utility patent rejections.

Patent Application 52

Patent Application Patent Design Patent Art 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

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

LexBlog IP

SEPTEMBER 30, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. Part One – Helpful Tips for Prosecuting Patents in the Biotechnology Space. On September 22, 2022, the U.S.

Technology 52

Technology Trademark Patent Prosecution Patent 52

The IPKat

SEPTEMBER 23, 2022

Over to our Belgian Katfriends : " While 2022 is in full swing with high levels of business in the Belgian courts, 2021 was a quieter year for patent litigators in Belgium. 25 EPC, and the disappearance of the cautio iudicatum solvi that was sometimes required from foreign plaintiffs launching (patent) proceedings in Belgium.

Litigation 82

Litigation Law Patent Invention 82

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.

Patent Law 70

Patent Law Law Patent Invention 70

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

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

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?

Patent Application 52

Patent Application Invention Inventor Patent Prosecution 52

Patently-O

JANUARY 23, 2024

Vanda Pharmaceuticals recently filed a petition for writ of certiorari , asking the Supreme Court to review a May 2023 decision by the Federal Circuit that invalidated claims from four Vanda patents covering methods of treating Non-24-Hour Sleep-Wake Disorder (“Non-24”) using the drug tasimelteon (Hetlioz). 23-768 (Supreme Court).

Art 80

Art Invention Patent Prosecution Patent 80

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?

Patent Application 52

Patent Application Invention Inventor Technology 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 67

Publishing Patent Invention Art 67

SpicyIP

JULY 13, 2023

Image from here Issues related to patent quality are pressing and worrying, even a standard measure of monitoring patent quality has been difficult. Of late, even in the EU, there has been an increased focus on the quality of patents in response to the rise of business models centered around patent litigation.

Patent Application 95

Patent Application Invention Designs Design 95

Patently-O

FEBRUARY 10, 2023

United Cannabis holds a broad marijuana patent – US9730911 – with claims directed to a liquid cannabinoid having 95% of either THC or CBD. In 2018, United Cannabis sued Pure Hemp for patent infringement and Pure Hemp responded with a Walker-Process antitrust counterclaim for asserting a patent known to be invalid.

Copying 92

Copying Patent Prosecution Invention Art 92

Patently-O

APRIL 14, 2024

However, like most of the world, I have been surprised and amazed by the power of LLM-based GenAI technology and have been trying to figure out ways to use it both for patent practice and in my job as a law professor. On the Patently-O side, I have been honing my approach somewhat. hallucinate).

Blogging 57

Blogging Patent Prosecution Patent Application Invention 57

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

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. Patentability Search. Office Actions.

Patent Application 52

Patent Application Patent Invention Patent Prosecution 52

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. US Patent No. Linde Air Products Co. , Warner-Jenkinson Co.

Patent Prosecution 52

Patent Prosecution Patent Invention Art 52

LexBlog IP

NOVEMBER 17, 2022

Yet, many Patent Owners still continue to shoot themselves in the foot when it comes to litigating at the PTAB. First, Patent Owners (NPE’s especially) increasingly rely on litigation trial counsel for PTAB representation. yet, I see this argument in about 80% of Patent Owner filings. Bad Counsel, Bad Strategies, or Both?

Patent 52

Patent Patent Prosecution Art Litigation 52

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 patent was granted with a priority date of 28 Nov 2007.

Patent Application 91

Patent Application Invention Patent Prosecution Patent 91

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

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

Patent 105

Patent Art Patent Prosecution Litigation 105

LexBlog IP

DECEMBER 14, 2023

.” Specifically, the Federal Circuit found the plain and ordinary meaning of “pipette guiding mechanism” sufficient and addressed how various claim construction doctrines affected its analysis, including the use of a non-related patent cited in an IDS as intrinsic evidence. 8,449,175 (the “’175 patent”).

Invention 52

Invention Patent Prosecution Ownership Inventor 52

Patent Trademark Blog

AUGUST 11, 2021

What are patent claim amendments? Claim amendments are a natural part of the utility patent process. A typical utility nonprovisional patent application will receive at least one Office Action rejecting the claims. Amendments are, therefore, common and to be expected in the normal course of patent prosecution.

Patent Application 66

Patent Application Art Patent Prosecution Patent 66

SpicyIP

NOVEMBER 7, 2022

Delhi High Court on Non-filing of Written Submission to Delay Patent Application Process. The Controller of Patents where it rebuked the Plaintiff for not filing written submissions in time and thereby delaying the patent application process. Course on Access to Medicines, TRIPS and Patents [Kochi, December 10-14].

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111

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

LexBlog IP

MARCH 1, 2022

Patent Rights defined. Other patent search options to consider. A freedom to operate (FTO) study is usually performed on a finalized product design before its release in order to determine if the product, or any of its components, would infringe on any enforceable patents. Patent Rights. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-621e9d93aaa3b116{flex-wrap:

Intellectual Property 52

Intellectual Property Art Technology Patent Infringement 52