LexBlog IP

JUNE 22, 2023

Also yesterday, some of the very same senators introduced the Patent Eligibility Restoration Act of 2023. The co-introduction of these bills suggests a plan to drive compromise on patent eligibility. Tech industry than the liberalized 101 standard of the Patent Eligibility Restoration Act. Senators Chris Coons (D-Del.),Thom

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LexBlog IP

DECEMBER 23, 2021

A summary of the changes follows: Ex Parte Expungement and Reexamination Proceedings: Any party, including the U.S. The time frame during which to seek expungement is between three and 10 years from the date of registration, and the time frame to seek reexamination is within the first five years after registration.

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IP Intelligence

DECEMBER 23, 2021

A summary of the changes follows: Ex Parte Expungement and Reexamination Proceedings: Any party, including the U.S. The time frame during which to seek expungement is between three and 10 years from the date of registration, and the time frame to seek reexamination is within the first five years after registration.

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LexBlog IP

FEBRUARY 1, 2022

Last summer, a guidance memo was issued to the Patent Trial & Appeal Board (PTAB) on the use of Applicant Admitted Prior Art (AAPA) in IPR proceedings. ” The earlier memo explained: [A}ny patent that is used as the “basis of’ a request for inter partes review must be a prior art patent, not the challenged patent.

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LexBlog IP

JULY 19, 2022

Recently, the Patent Trial and Appeal Board (PTAB) announced a new interim procedure for decision circulation and internal review. This interim procedure is aimed at promoting feedback, eliminating inconsistencies, and increasing transparency during the decision pre-issuance process.

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SpicyIP

FEBRUARY 20, 2023

Last week on the blog we featured posts with nuanced discussions on burning issues surrounding patents, trademarks, and copyright. Here are the quick summaries of the 7 blog posts, along with 12 case summaries and other IP developments. Important IP cases that we’re missing out on? Especially from other High Courts?

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LexBlog IP

JUNE 20, 2023

For example, the agency cannot require Article III standing for an AIA petition (rejected in legislative history), give deference to previous reexaminations/decisions of the courts (explicitly addressed in AIA estoppel statutes), or foreclose otherwise viable agency options by forced stipulations (explicitly addressed in various AIA statutes).

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LexBlog IP

NOVEMBER 16, 2022

Over the years, whether patent reexamination, patent reissue or AIA trial, patent owners have attempted to amend their claims through argument alone. Today, the CAFC has finally shut down that argument as being inconsistent with patent statutes and the AIA amendment policies. CAFC Clarifies Role of PTAB Disclaimer.

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LexBlog IP

AUGUST 8, 2023

The Patent Office is not supposed to issue separate patents for the same invention to competing inventors. Several statutory provisions empower the Office to reject pre-AIA patent application claims of the later inventor. But sometimes it’s not clear who is the later inventor. Those provisions are therefore unhelpful.

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LexBlog IP

JULY 19, 2021

In designing the America Invents Act (AIA), statutory estoppel of 35 U.S.C. § This statutory design was responsive to the previous criticism of inter partes reexamination estoppel, which attached only after all appeals were exhausted. This unbalanced scenario can be exploited by Patent Owners. Collateral Estoppel.

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LexBlog IP

AUGUST 15, 2023

the Patent Office implemented an interim process for the Director to review Patent Trial and Appeal Board decisions in AIA trials. Until then, the Patent Office continues to offer new updates and information, most recently on July 24, 2023. After the Supreme Court’s decision in United States v. Arthrex, Inc. , Oren Techs.,

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SpicyIP

JULY 19, 2021

She notes that the most controversial provision in the new Bill is the re-introduction of revisionary powers of the Central Government to direct the CBFC Chairman to reexamine an already certified film. Call for Submissions: The IP Press Law Review Vol. I, Issue I [Submit by September 20]. 5, Issue 1 [Submit by September 19].

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IP Tech Blog

APRIL 11, 2023

To evaluate the capabilities of Generative AI, we selected the USPTO’s recent announcement about grants of digital patents as a topic, and compared a blog that we prepared and a blog that Generative AI (here, Google Bard) prepared. A sample of this new eGrant patent is available here. 35 U.S.C. §

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SpicyIP

OCTOBER 30, 2023

in IP and Competition Law from the Munich Intellectual Property Law Center (MIPLC). Recently, Sumitomo Rubber Industries filed an unusual application seeking to register an olfactory mark as a wordmark! Discussing this anomaly, we are pleased to bring to you a guest post by Akshay Ajayakumar. His previous posts can be accessed here.

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LexBlog IP

APRIL 11, 2023

To evaluate the capabilities of Generative AI, we selected the USPTO’s recent announcement about grants of digital patents as a topic, and compared a blog that we prepared and a blog that Generative AI (here, Google Bard) prepared. A sample of this new eGrant patent is available here. ’’ 35 U.S.C. § § 120.

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43(B)log

FEBRUARY 23, 2024

Introduction: Robert Burrell IP Australia exerts extraordinary control over legislative agenda; if you can persuade IP Au. IP Australia also regulates patent & TM attorneys through professional standards board domination. The business of the PTO is granting patents/TM.

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