JD Supra Law

MARCH 14, 2024

In an appeal from a Patent Trial & Appeal Board finding of invalidity, the US Court of Appeals for the Federal Circuit held that the result-effective variable doctrine can apply even when there is no overlap between a claimed range and a prior art range. By: McDermott Will & Emery

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Patent Trademark Blog

MAY 29, 2024

What are the top losing patent arguments? About 9 out of 10 utility patent applications will receive at least one rejection. Getting a utility patent, therefore, will require skill in overcoming these inevitable rejections from the examiner. One way of improving your probability of success is to avoid loser patent arguments.

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SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Rosemount Inc.

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IP Watchdog

DECEMBER 6, 2023

In March 2023, the Patent Trial and Appeal Board (Board) addressed in Penumbra, Inc. 10, 2023), a key issue in inter partes reviews: how to establish a reference patent as prior art based on the filing date of an earlier-filed application, such as a provisional. 2015), do not apply for post-America Invents Act (AIA) patents.

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Intellectual Property Law Blog

SEPTEMBER 29, 2022

Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. On September 22, 2022, the U.S.

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IP Watchdog

APRIL 8, 2024

Patent and Trademark Office (USPTO) Director Kathi Vidal vacated and remanded a decision of the Patent Trial and Appeal Board (PTAB) on Friday that had denied institution of an inter partes review (IPR) requested by auto parts manufacturer, Mahle Behr Charleston, Inc.

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JD Supra Law

MAY 24, 2024

On May 10, 2024, the US Patent & Trademark Office (PTO) issued a notice of proposed rulemaking (Notice) concerning major changes to the terminal disclaimer (TD) practice, which may lead to a sea change in patent prosecution strategies. By: McDermott Will & Emery

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Erik K Pelton

MAY 23, 2023

The following is an edited transcript of my video “Responding to a Trademark Office Action” After a trademark application is filed with the US Patent and Trademark Office, it is generally about nine months (as of May 2023) until anything is heard back by the applicant.

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JD Supra Law

FEBRUARY 13, 2024

A frequent pain point in the realm of patents is being unable to find pertinent patent publications quickly and efficiently. In an attempt to provide the public with better search tools, the United States Patent and Trademark Office (USPTO) released the web-based Patent Public Search tool ("PPS") in late 2021.

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Patently-O

DECEMBER 20, 2022

I think of these generally as “smart wallets” but I learned today that the company Storus has a registered trademark for that term. In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Is it Prior Art?

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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). Food and Drug Administration (FDA).

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IP Law 360

NOVEMBER 15, 2023

Patent and Trademark Office Director Kathi Vidal designated new precedent Wednesday that post-America Invents Act patents don't have to worry about a Federal Circuit ruling regarding the relationship between priority applications and follow-up applications in prior art analysis.

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IP Watchdog

JANUARY 20, 2023

Copyright Office appoints a new Deputy Director of Policy & International Affairs; Getty Images launches a lawsuit against an AI art company; the United States Patent and Trademark Office pushes back the deadline for comments on its Draft 2022-2026 Strategic Plan; and the U.S.

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JD Supra Law

NOVEMBER 20, 2023

On November 15, 2023, Director of the United States Patent and Trademark Office (USPTO) Kathi Vidal designated as precedential the Patent Trial and Appeal Board’s (PTAB) final written decision in Penumbra, Inc. for prior-art determinations applies only to pre-AIA determinations and not to post-AIA determinations.

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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.

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Patent Trademark Blog

APRIL 19, 2023

What does patent obvious mean? To be patentable, an invention must be novel and nonobvious. But, what makes a patent application obvious? If you get an obviousness rejection under Section 103, how do you show that you are trying to patent a nonobvious invention? Want to file a nonobvious patent? OK, we get that.

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Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

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Larson & Larson

FEBRUARY 13, 2021

A high number of patent applications are given a non-final rejection from the USPTO according to Yale. Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand. Exceptions.

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IP Law 360

APRIL 29, 2024

Patent and Trademark Office wants public input on how the proliferation of artificial intelligence should affect the office's evaluation of patentability, such as in the consideration of what qualifies as prior art and in assessments of a "person having ordinary skill in the art," or PHOSITA

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IP Watchdog

APRIL 5, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal issued a decision on sua sponte Director review that vacated a decision of the Patent Trial and Appeal Board (PTAB), which had previously denied institution of inter partes review (IPR) proceedings brought by semiconductor company Wolfspeed. On March 30, U.S.

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Patently-O

APRIL 23, 2024

Patent and Trademark Office announced the winner of this year’s National Patent Application Drafting Competition (NPADC), the University of Missouri-Kansas City School of Law. I would encourage any law student interested in pursuing a career in patent prosecution to consider participating in the competition next year.

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JD Supra Law

JULY 18, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal recently altered a decision by the Patent Trial and Appeal Board (PTAB) to address the use of applicant admitted prior art (AAPA) in inter partes review (IPR) petitions. By: Foley & Lardner LLP

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JD Supra Law

FEBRUARY 6, 2024

The United States Patent and Trademark Office (USPTO) has published new Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc. This requires that a patent specification enables a person of ordinary skill in the art (POSITA) to make and use the invention.

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JD Supra Law

JUNE 2, 2023

Inter partes reviews (IPRs) are litigation-like procedures held before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office that are used to challenge the validity of patents. By: McCarter & English, LLP

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Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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Patent Trademark Blog

FEBRUARY 15, 2023

Will arguments be necessary in your utility patent application? Nine out of ten utility patent applications will get rejected at least once. So, yes, arguments will be required in the vast majority of utility patent applications. Many will get rejected multiple times. Examiners are human. at least for now.

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Patent Trademark Blog

MAY 15, 2024

What is a patent declaratory judgment lawsuit? A patent declaratory judgment action is an infringement lawsuit in reverse. The patent owner is the defendant. Need to defend a patent infringement claim? Contact US patent attorney Vic Lin at (949) 223-9623 or at vlin@icaplaw.com to explore how we can help.

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Patent Trademark Blog

MAY 22, 2023

What is patentable? To be patentable, an invention must be both eligible and unique. A unique invention must be both novel and nonobvious over the prior art , or past stuff. You can file a patent for a novel invention, and still have your patent application rejected for claiming an obvious invention.

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Patent Trademark Blog

MARCH 6, 2024

What is a smarter way to patent a medical device? Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Let’s look at some smart ways to patent a medical device. Need to patent a medical device?

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Patently-O

MAY 28, 2024

The names in this case are a bit confusing — often the case in trademark disputes. The same trademark attorney handled all these cases for Mr. Hobbs through “his” various companies. The Lanham Act provides for cancellation of registered trademarks by petitioners who believe they are damaged by the registration.

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LexBlog IP

DECEMBER 15, 2023

Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions. Teleflex Innovations S.A.R.L. , § 102(e).

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Patent Trademark Blog

FEBRUARY 6, 2023

Focus on what matters most So much can be said, and has been said, about the patent application process. To avoid information overload, let’s get back to the most basic things you need to know to file a patent application. For those who say you can’t patent an idea, I’m using the term idea loosely.

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Patent Trademark Blog

MAY 16, 2024

Can you patent a consumer product? Even a slight improvement might make a consumer product worthy of a patent. You can choose not to pursue patents, but what would be your backup plan? Ready to patent your consumer product? Ready to patent your consumer product? Aren’t patents too expensive to enforce?

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IP Law 360

JULY 27, 2023

The Patent Trial and Appeal Board has agreed to review whether an Amsted Rail Co. railcar sensor patent is invalid, despite prior art having been shown to the U.S. Patent and Trademark Office examiner during prosecution.

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Intellectual Property Law Blog

FEBRUARY 14, 2024

Such AI-assisted inventions present a new set of legal issues under patent law. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions. On February 13, 2024, the U.S. The Guidance begins with the premise that only natural persons can be named as inventors on U.S.

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Patent Trademark Blog

FEBRUARY 22, 2023

Are there any requirements for getting a design patent? Design patents can be quite powerful. Even though design patents are easier to get than utility patents, it is still possible for a design application to be rejected. 35 USC 171 sets forth the requirements for getting a design patent.

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Patent Trademark Blog

JANUARY 4, 2023

What is a utility nonprovisional patent application? Unlike design patents , utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed. Do-It-Yourself Utility Patent: Should you perform surgery on yourself?

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