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. However, I am not sure how the Kirin-Amgen is useful in importing product-by-process claims in the Indian Patents Act.

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Patent Invention Patent Prosecution Inventor 98

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. 2.13, see also Headnote) The Board of Appeal therefore found the priority claim invalid.

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Patent Application Invention Patent Prosecution Patent 91

The IPKat

DECEMBER 26, 2021

A quirk of European patent prosecution is the requirement for the description to be amended in line with allowed claims. The Examiner argued that the description identified embodiments as being part of the invention which were not part of the invention as defined by the claims. in a doctrine of equivalents analysis).

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Invention Patent Application Patent Patent Prosecution 104

IP Watchdog

NOVEMBER 15, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S.

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Art Designs Design Invention 98

The IPKat

DECEMBER 11, 2023

The US Supreme Court’s decision in eBay v MercExchange (2006) meant patents were no longer exclusive rights by definition and the implications and wisdom of that shift have been vigorously debated. The book’s central aim is to argue for what could be considered a “third way forward” for proportionality in European patent law.

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Patent Law Law Patent Invention 70

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. The decisions we (arbitrarily!)

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Litigation Law Patent Invention 82

Patent Trademark Blog

AUGUST 13, 2021

This article will provide you with helpful knowledge to develop a PCT strategy that will hopefully benefit your national stages, particularly in the US. There are bound to be some claims lacking in novelty (N) or inventive step (IS), which is the equivalent of nonobviousness. How to get an early PCT prior art search.

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Art Reporting Patent Prosecution Patent Application 74

The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. Whether in speeches, conferences, or articles, no subject engendered more IP conversation. If there was a rock-star matter in the patent world, it was the debate over trolls. Start with the sheer volume of patent applications. Focusing on the U.S.,

Patent Troll 122

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IP Watchdog

AUGUST 7, 2021

The number of artificial intelligence (AI) patent applications received annually by the United States Patent and Trademark Office (USPTO) grew from 30,000 in 2002 to more than 60,000 in 2018. Further, the USPTO has issued thousands of inventions that utilize AI.

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Inventor Technology Patent Application Invention 142

IP Watchdog

MARCH 16, 2023

In the case of Stephen Thaler’s attempt to obtain patent protection for a food container and light stick he says were independently invented by his AI machine, DABUS, the inventor-in-fact will be either Thaler or his machine. The procedural posture of Thaler v.

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Inventor Invention Law Patent 73

IP Watchdog

MARCH 24, 2022

The demographic data were collected voluntarily in 2021from the 21 regional programs that administer the PPBP as part of the broader goal of diversifying the patent system. patents are women, while a Harvard study said that white individuals are three times more likely to invent than Black individuals.

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Inventor Patent Invention Blogging 133

LexBlog IP

MARCH 23, 2022

Applicants that qualify for small or micro entity status are eligible for substantial discounts on USPTO fees associated with filing and maintaining a patent under a micro entity status. The fee schedule for patent applications and maintenance is based on the size of the entity filing the application. Reduce your patent fees.

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Higher Education Patent Inventor Patent Application 52

Selvam & Selvam Blog

AUGUST 11, 2023

In a similar case, the Judge observed that “ If inventors, who seek to invent patents, are going to suffer such treatment, it would ultimately disincentivize persons from exercising their inventive faculties and coming with new and innovative technologies which would ultimately be deleterious to the national interest as well.

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IP Intellectual Property Due Diligence Trademark 52

SpicyIP

APRIL 7, 2024

To briefly point to much discussed worrisome provisions in the Annex of the Intellectual Property chapter: Article 11.7 Article 12, along with the recent amendments to the Patent Rules, restrict the obligation to disclose the “working” statement., Article 13.2 Similar language is incorporated in Article 13.3

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Patent Patent Application Intellectual Property Law 72

IP Watchdog

SEPTEMBER 28, 2022

An unorganized capacity to respond to such rejection challenges often leaves the practitioner with very little alternative but to amend claims in a manner that narrows protection to less than what the applicant’s invention should have received.

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Patent Application Patent Patent Drafting Invention 127

IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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Inventor Patent Application Invention Patent 128

LexBlog IP

SEPTEMBER 9, 2021

Ask the inventor to explicitly describe why the invention is more than the expected sum of its parts. Clients often ask how much detail they need to provide when working with an attorney to draft a patent application for an invention that includes software. 1] This article does not constitute legal advice. Elavon, Inc.,

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Inventor Patent Invention Technology 52

IP Watchdog

JULY 25, 2021

As such, AI has been shown to have near endless applications, driving a surge of inventions and related patent application filings. Many AI-based systems are able to recognize trends, patterns and connections, test hypotheses using available data sets, and continuously improve decision trees based on user input.

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Patent Application Patent Invention Patent Prosecution 98

IP Watchdog

SEPTEMBER 3, 2021

Technologies such as computer networking, which, unlike software inventions, typically incorporate at least some hardware elements, may be less vulnerable to rejection under the U.S. Supreme Court’s decision in Alice v. However, responding to these rejections when they are issued still requires some finesse.

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Technology Invention Patent Drafting Patent Prosecution 67

IP Watchdog

JULY 18, 2022

Judge Pauline Newman dissented, accusing the majority of departing “from the rule that patent claims are construed in accordance with the invention described in the specification.”. The CAFC, with Chief Judge Moore writing, said the district court’s ruling was based on an erroneous claim construction.

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Patent Invention Law Technology 62

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.

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Publishing Patent Invention Art 67

LexBlog IP

FEBRUARY 7, 2022

v Hologic case, t he US Supreme Court (“SCOTUS”) ruled that assignor estoppel is limited and may allow a previous assignor, under specific circumstances, to challenge the validity of patents they have subsequently reassigned. Scenario Two: Company A (Assignor) sells/assigns their patents to Company B (Assignee).

Patent 52

Patent Inventor Intellectual Property Patent Prosecution 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Read the full article on I ntellectual Property Magazine. Patent prosecution, portfolio, and strategic patenting considerations. Patents have contributed significantly to the advances in science and technology that make lithium-ion batteries more affordable and efficient today. PDF copy available.

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Intellectual Property Litigation Patent Prosecution IP 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Patent Prosecution. Patent protection is generally available for cannabis and cannabis-related innovations on the same basis as any other innovation, presenting relatively few obstacles for applicants. A patent applicant’s planned use of the claimed invention thus has no bearing on its patentability.

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IP Registration Trademark Branding 52

SpicyIP

JULY 22, 2023

Reform in Law However, while the patent application numbers are on the rise, the Industry has expressed concerns over the patent prosecution and examination regime in India. It also obligates the users of such technology to ‘demonstrate transparency’ in claims for intellectual property (Refer to pages 6, 10 and 13).

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IP Intellectual Property Reporting Government 98

IP Watchdog

JUNE 14, 2023

The United States Patent and Trademark Office (USPTO) yesterday republished its Request for Comments (RFC) on the establishment of an additional USPTO Regional Office in the southeast region and four new community outreach offices.

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Publishing Trademark Patent Law 62

IP Watchdog

JUNE 14, 2023

The United States Patent and Trademark Office (USPTO) yesterday republished its Request for Comments (RFC) on the establishment of an additional USPTO Regional Office in the southeast region and four new community outreach offices.

Publishing 52

Publishing Trademark Patent Law 52

IP Watchdog

JUNE 14, 2023

The United States Patent and Trademark Office (USPTO) yesterday republished its Request for Comments (RFC) on the establishment of an additional USPTO Regional Office in the southeast region and four new community outreach offices.

Publishing 52

Publishing Trademark Patent Law 52

IP Watchdog

JUNE 14, 2023

The United States Patent and Trademark Office (USPTO) yesterday republished its Request for Comments (RFC) on the establishment of an additional USPTO Regional Office in the southeast region and four new community outreach offices.

Publishing 52

Publishing Trademark Patent Law 52

IP Watchdog

AUGUST 5, 2021

During the Patent Public Advisory Committee (PPAC) quarterly meeting held today, participants provided an update on the Director Review process under the Supreme Court’s Arthrex v. Smith and Nephew ruling, among other announcements.

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Registration Trademark Patent Patent Prosecution 57

Nelligan Law

SEPTEMBER 19, 2022

Reading Time: 3 minutes Key changes to patent prosecution in Canada will come into effect October 3, 2022. Nelligan Law is grateful for the contribution of articling student Nailah Ramsoomair in writing this blog post. This would be reduced by 50% to $50 for small entities (Small Entity Rate). Requests for Continued Examination.

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Patent Patent Prosecution Patent Application Intellectual Property 89

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

IP includes any creation of the mind, including inventions, literary and artistic works, symbols, names, images, and designs, and various forms of IP protection cover these different categories. A comprehensive IP strategy must cover all bases – prosecution, enforcement, defense, and transactions. district courts, the U.S.

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Intellectual Property Technology Journalism IP 52

SpicyIP

DECEMBER 17, 2023

Delhi High Court Comes Down Heavily on the Patent Office for Delay in Passing the Order Image by Freepik DHC comes down on the Patent Office for a four-year delay in issuing an order. Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patent prosecution timelines.

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IP Trademark Advertising Advertising 59

SpicyIP

JANUARY 2, 2022

In this case, the right to be forgotten was located in Article 21 of the Constitution and a post Puttaswamy framework. In 2006 Kibow had applied for registration of its invention for a certain composition that augments kidney function and was granted patent protection. Centaur Pharmaceuticals Pvt Ltd and Kibow Biotech Inc.

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IP Intellectual Property Copyright Trademark 143