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.

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Patent Law Law Patent Invention 70

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].

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Art Patent Prosecution Patent Application Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

With the spike in economic growth in the battery and electric vehicle (EV) industries, the IP world is seeing a commensurate spike in battery patenting activity. Read the full article on I ntellectual Property Magazine. Patent prosecution, portfolio, and strategic patenting considerations. PDF copy available.

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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. Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

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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. Excess Claim Fees. Currently there are no excess claim fees in Canada. Requests for Continued Examination.

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SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. She has been working in the field of access to medicines, patents and IP for more than a decade.

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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.

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Patent Application Patent Patent Drafting Invention 128

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.

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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.

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IP Watchdog

MARCH 24, 2022

Patent and Trademark Office’s (USPTO’s) Patent Pro Bono Program (PPBP) were African American or Black and 41% were female, according to the latest USPTO Director’s Blog. 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

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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

As the battery and electric vehicle (EV) industries continue to grow, in tandem the IP world is experiencing an increase in battery patenting activity. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Figure 1: Battery Patent Filings: CPC Class H01M 1. Valued at $108.4

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Intellectual Property Technology Journalism IP 52

LexBlog IP

MARCH 23, 2022

Micro Entity Status: Qualifying to Reduce Patent Fees. Are you a small business or an individual inventor filing for a patent in the U.S.? If so, keep reading to learn about how you can reduce your patent fees through micro entity status. How to reduce your patent fees. Free patent consultations. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-623b791352da51164{flex-wrap:

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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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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

AUGUST 7, 2021

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. Further, the USPTO has issued thousands of inventions that utilize AI.

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Inventor Technology Patent Application Invention 142

LexBlog IP

SEPTEMBER 9, 2021

Software Patents: When is enough enough? [1]. Developing a Disclosure for Software Patents : Discuss with the inventor the technological underpinnings of the novel functional aspects of the software and how those technological considerations support that function. When drafting, include these details explicitly in the specification.

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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. The patent office that is doing the prior art search will seek to issue a prior art search report within 16 months of the priority date. How to get an early PCT prior art search.

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IP Watchdog

JULY 18, 2022

District Court for the District of Delaware, which had granted judgment of non-infringement for Ford Motor Company on three patents owned by Ethanol Boosting Systems, LLC and the Massachusetts Institute of Technology (EBS). 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 64

LexBlog IP

FEBRUARY 7, 2022

Patent Rights: Assignors Transferring Rights and Infringing on Assigned Patents. 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.

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Patent Inventor Intellectual Property Patent Prosecution 52

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 130

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 75

Selvam & Selvam Blog

AUGUST 11, 2023

In what appears to be an almost exasperated tone, the Hon’ble Judge prefaced the order by stating that the Court never “ceases to be surprised” at the kind of orders which come before it, from the office of the Registry of Trade Marks/Controller General of Patents. In April this year, the Delhi HC in Blackberry Ltd v.

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IP Intellectual Property Due Diligence Trademark 52

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 69

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

The United States Patent and Trademark Office (USPTO) typically rejects cannabis trademark applications on one or more of the following legal grounds: The Controlled Substances Act , which prohibits the manufacture and distribution of cannabis products containing more than 0.3% Patent Prosecution. Patent Litigation.

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SpicyIP

DECEMBER 17, 2023

From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Highlights of the Week By Whom and How Are Our Patent Examiners Being Recruited? Read this post by Praharsh and Swaraj to find out more.

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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 64

SpicyIP

JULY 22, 2023

It notes that despite the government initiatives to strengthen India’s IP regime, applying the ‘narrowly focused’ and ‘stringent’ patent laws toward AI applications remains challenging. Economic viability is not a metric for copyrightability, and a limited metric for patentability. It is not clear what this refers to though.

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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 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.

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Publishing Trademark Patent Law 52

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. In this case, the right to be forgotten was located in Article 21 of the Constitution and a post Puttaswamy framework. Hetero Drugs Ltd [Delhi High Court].

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IP Intellectual Property Copyright Trademark 143

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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