Patently-O
DECEMBER 13, 2023
The decision cements that for OTDP analysis, any comparison of unexpected results or long-felt need must be made to the applicant’s own earlier patent claims, not the closest “prior art.” The policy goal is to prevent unjustified timewise extension of exclusive patent rights. In re: Institut Pasteur , No.
The IPKat
AUGUST 11, 2023
In the pending European DABUS case ( EP4067251 ), DABUS's invention as originally claimed was found to lack novelty in view of 25 year old prior art. The process of patent prosecution determines whether the application contains an invention that may be awarded a patent. Perhaps herein lies the problem.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Larson & Larson
JANUARY 10, 2021
Historically, the first person to invent something had the patent rights to the invention, regardless of when they filed their patent application. However, with the America Invents Act which went into effect in 2013, the United States’ patent system has switched to a “first-to-file” system. Enablement.
Patently-O
MAY 9, 2024
Under the proposed rule, a terminal disclaimer must include an agreement that the patent will be unenforceable if it is tied directly or indirectly to another patent that has any claim invalidated or canceled based on prior art (anticipation or obviousness under 35 U.S.C. 102 or 103).
Patently-O
JULY 22, 2022
.” UDP Labs quickly filed a provisional patent application for Young and Hewitt’s new inventions. More patent applications filed rather quickly, all claiming priority back to that original application filed during the consulting agreement period. Young , 532 F. 3d 793, 798 (D.
The IP Law Blog
NOVEMBER 9, 2023
Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. In 2021, HIP sued Hormel, challenging Hormel’s ownership and the inventorship of U.S. 9,980,498 (the “’498 Patent”). The ‘498 Patent was issued from this application in 2018.
Patently-O
AUGUST 28, 2023
I expect the doctrine would have never developed under our current patent term calculation and is instead a vestige of history. patents are tied to a family member patent via terminal disclaimer and its accompanying promise of continued common ownership. Millions of U.S. The doctrine has its stated origins in 35 U.S.C.
Expert insights. Personalized for you.
52 
Let's personalize your content