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 Andry Dong is a paralegal in Perkins Coie’s Shanghai office.

Art 52

Art Patent Prosecution Patent Application Intellectual Property 52

LexBlog IP

NOVEMBER 22, 2021

Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. However, the IPOS may request applicants to provide copies of subsequently cited prior art references.

Patent Prosecution 52

Patent Prosecution Patent Application Patent Copying 52

Patently-O

APRIL 23, 2024

I am sure a great deal of the credit for their success can be attributed to our adjunct faculty members teaching patent prosecution at UMKC, James Devaney (Shook Hardy & Bacon) and Jon Hines (Senior Patent Counsel at 3Shape).

Patent Application 95

Patent Application Law Patent Prosecution Patent 95

LexBlog IP

DECEMBER 20, 2021

This is the second article of the multi-part series discussing benefits of prosecuting patents under Patent Prosecution Highway or PPH. To recap, PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices.

Patent Prosecution 52

Patent Prosecution Patent Copying Patent Application 52

JD Supra Law

NOVEMBER 29, 2022

Innovators seeking patent protection for entertainment software inventions should be aware that all software inventions face patent-eligibility issues. Nevertheless, patent practitioners who are experienced in the art of software patent prosecution can help ensure that software inventions get maximum protection.

Invention 96

Invention Patent Prosecution Patent Art 96

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Among the grounds for revocation, such as lack of enablement or lack of patentability over the prior art, lack of entitlement is by far the least common. This strategy ensures that in a typical US application prior art that anticipates or renders obvious specific claims leaves other claims intact. 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.

Technology 130

Technology Trademark Patent Prosecution Patent 130

IP Watchdog

NOVEMBER 30, 2021

These Guidelines instruct European patent examiners (and the public) on how the patent prosecution process works—much like the United States Patent and Trademark Office’s (USPTO’s) Manual of Patent Examining Procedure.

Litigation 106

Litigation Patent Prosecution Patent Patent Application 106

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

IP Watchdog

SEPTEMBER 12, 2021

Patent and Trademark Office (USPTO), discussing the issue of inconsistent statements made by patent applicants pursuant to their disclosure requirements at the USPTO and other federal agencies, especially the U.S. Food and Drug Administration (FDA).

Patent Application 113

Patent Application Art Patent Trademark 113

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

JD Supra Law

AUGUST 2, 2023

In this podcast, Procopio Partner Ernest Huang of Silicon Valley and AOMB Partner Ernest Baeten of the Netherlands discuss an innovative way in the Dutch patent system to get a peek at what the prior art is going to look like when you submit a provisional or normal patent application.

Patent Prosecution 52

Patent Prosecution Patent Patent Application Art 52

Patently-O

MARCH 15, 2023

ChatGPT is good for that as well and can provide a reasoned structure, including identifying of prior art and obviousness standards. Automated Examination : On the patent prosecution side, we may shortly be in a situation where AI systems will be able to conduct patent examination at the same level of quality as a typical human examiner.

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Patent Prosecution Patent Application Art Reporting 120

IP Watchdog

OCTOBER 11, 2021

Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that a design for a rolled-paper art tool for blending anticipated Surgisil’s (Applicant) claimed lip implant. In re Surgisil, L.L.P., 2020-1940, 2021 WL 4515275 (Fed.

Patent Application 70

Patent Application Patent Prosecution Art Patent 70

The IPKat

JANUARY 14, 2024

S ubmissions made in US patent prosecution may be highly influential for claim interpretation post-grant. Coffee dreams The corresponding European patent ( EP 3023362 ) had been opposed for lack of novelty, for which interpretation of the term "barcode" was also critical. 22-2042, Fed.

Patent 120

Patent Art Patent Prosecution Patent Law 120

Indiana Intellectual Property Law

FEBRUARY 19, 2024

The complaint contended that the Defendant deliberately failed to disclose this information to the USPTO during the patent’s prosecution. The legal action c laimed that the Defendant’s failure to disclose prior art during the patent prosecution process was intentional.

Patent Prosecution 52

Patent Prosecution Patent Designs Design 52

CoCal IP Law Institute

MARCH 10, 2022

Please join us on Monday, March 14, 2022 at 12:00 pm, where we will discuss the concept of Analogous Prior Art in Obviousness rejections, as well as delve into the issues in the Moderna-NIH conflict over Covid vaccine patent rights. Please see Analogous Prior Art slides here.

Art 45

Art Patent Law Patent Prosecution 45

JD Supra Law

OCTOBER 14, 2021

Summary: An applicant’s arguments distinguishing prior art during patent prosecution constituted a disclaimer of claim scope and estopped the patentee from relying on the doctrine of equivalents to show infringement. NOKIA SOLUTIONS AND NETWORKS Before Prost, O’Malley, and Stoll. Appeal from the Eastern District of Texas.

Patent Prosecution 52

Patent Prosecution Art Technology Patent 52

IPilogue

MARCH 23, 2022

The students’ work will be supervised by lawyers from Norton Rose Fulbright LLP, Bereskin & Parr LLP, and OWN Innovation and may include: Performing prior art searches. Possibly assisting with other steps in the patent prosecution process (ie reviewing patent specifications, etc.). Performing trademark searches.

IP 129

IP Patent Prosecution Intellectual Property Inventor 129

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

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

Patent Trademark Blog

FEBRUARY 9, 2022

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Keep in mind that patent practitioners may include both patent agents and patent attorneys.

Patent Application 52

Patent Application Litigation Patent Prosecution Patent 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

IPilogue

AUGUST 25, 2022

Assisting with various steps in the patent prosecution process (i.e.: conducting prior art searches, reviewing patent specifications, etc.). Performing freedom-to-operate and clearance searches. Performing trademark searches. Reviewing IP Agreements and licensing assistance.

IP 106

IP Patent Prosecution Intellectual Property Inventor 106

Patently-O

FEBRUARY 7, 2024

Yesterday in my patent prosecution course, students turned to AI tools to help them draft patent claims. It is tough, for instance, to read all the prior art. AI tools can help mine the references for potential obviousness problems — and provide a pin cite to the key language in the art.

Patent 51

Patent Patent Prosecution Art Law 51

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. John DeStefano.

Intellectual Property 52

Intellectual Property Patent Patent Prosecution Art 52

JD Supra Law

FEBRUARY 7, 2022

In this exclusive interview with Dunlap Bennett & Ludwig's Patent Partner, Robert Greenspoon, learn about the patent process and what steps it takes to get the patent you deserve. Find answers to questions such as: What is Patent Prosecution? What if they find close prior art? What are they looking for?

Patent Prosecution 40

Patent Prosecution Patent Art 40

IP Law 360

OCTOBER 13, 2021

Daikin, holding that the Patent Trial and Appeal Board disregarded prior art teachings in deciding that claims were obvious, reveals how the teaching-away and commercial-success doctrines provide strong arguments to overcome obviousness during patent prosecution or litigation, say attorneys at BCLP.

Patent Prosecution 40

Patent Prosecution Patent Art Litigation 40

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

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

MARCH 23, 2022

Specifically, the USPTO has terminated engagement with officials from the Federal Service for Intellectual Property (Russia’s patent and trademark agency, known as Rospatent), the Eurasian Patent Organization (a Russian-based patent agency), and the national intellectual property office of Belarus.

Intellectual Property 52

Intellectual Property Patent Prosecution IP Art 52

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

IPilogue

AUGUST 18, 2021

Assisting with various steps in the patent prosecution process (i.e.: conducting prior art searches, reviewing patent specifications, etc.). Performing freedom-to-operate and clearance searches. Performing trademark searches. Reviewing IP Agreements and licensing assistance.

IP 106

IP Patent Prosecution Intellectual Property Inventor 106

Patently-O

FEBRUARY 12, 2024

Additionally, amendments made during patent prosecution to narrow claims can estop or preclude arguments for equivalence. Finally, the prior art restricts the scope of equivalence that can be found – the alleged equivalent cannot encompass subject matter that would not have been patentable over the prior art during prosecution.

False Advertising 101

False Advertising Invention Advertising Advertising 101

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

IPilogue

MARCH 21, 2023

The students’ work will be supervised by lawyers from Norton Rose Fulbright LLP, Bereskin & Parr LLP, and OWN Innovation and may include: Performing prior art searches Performing trademark searches Conducting legal research and drafting legal memos Possibly assisting with other steps in the patent prosecution process (i.e.

IP 59

IP Patent Prosecution Intellectual Property Inventor 59

LexBlog IP

SEPTEMBER 6, 2023

In Korea, the option to accelerate the examination of patent or utility model applications via a prior art search is being eliminated. Until now, accelerated examination could be requested by presenting results of a prior art search from a specialized institute designated by the Korean Intellectual Property Office (KIPO).

Patent Law 52

Patent Law Law Intellectual Property Patent 52