Patently-O

MAY 25, 2023

2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide catheter used in interventional cardiology procedures. In an attempt to invalidate these patents, Medtronic launched a succession of Inter Partes Review (IPR) petitions. Patent 7,736,355 (“Itou”) could be regarded as prior art.

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Invention Inventor Art Patent Application 70

LexBlog IP

FEBRUARY 21, 2024

Inventors and patent practitioners filing patent applications before U.S. Patent and Trademark Office (USPTO) may have an obligation to disclose if artificial intelligence (AI) is used in the innovation process. the Office is aware of and evaluates the teachings of all information material to patentability.”

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Invention Inventor Patent Application Patent 52

Patent Trademark Blog

FEBRUARY 15, 2022

What makes for a good utility patent application? Is a good patent application one that avoids rejections ? What if I were to tell you that a utility nonprovisional patent application that gets allowed easily might not always be a good thing? Reading a long legal document to help you fall asleep.

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Patent Application Patent Invention Art 52

IPilogue

OCTOBER 12, 2021

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise by 3 pm on Friday, October 22, 2021. Invention statements will be released to teams on November 1, 2021.

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Patent Application Patent Drafting Patent Invention 78

IPilogue

OCTOBER 21, 2021

This is a reminder that submissions to try out for the annual National Patent Application Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .

Patent Application 81

Patent Application Patent Drafting Patent Invention 81

The IPKat

AUGUST 10, 2021

A Board of Appeal is about to refer questions to the Enlarged Board of Appeal (EBA) on the ability of a patentee to rely on post-published evidence to support the inventive step of a claim, and particularly to support the plausibility that the technical problem has been solved over the full scope of the claim.

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Invention Publishing Patent Application Patent 113

The IPKat

AUGUST 16, 2021

In each of these jurisdictions, the question was whether the relevant patent laws may be interpreted as permitting an AI system (i.e. a machine/device) to be named as the inventor in a patent application. It follows then that such PCT applications are to be made in accordance with the PCT and Regulations under the PCT.

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Inventor Patent Application Patent Invention 103

SpicyIP

APRIL 30, 2024

This post attempts to critically analyse the relevance of difference in the purported function of the invention and prior art to determine non-obviousness in identifying the inventive step. ” The invention aimed to simplify the communication of sensor data to applications by converting raw sensor data into lightweight messages.

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Invention Art Designs Design 111

Patent Trademark Blog

FEBRUARY 15, 2022

Do you need a design or utility patent application? If the appearance (how it looks) is what matters, then a design patent application may be the right type of patent application. If the unique features of your concept are functional or structural, then consider filing a utility patent application.

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Patent Application Patent Invention Designs 52

Patently-O

APRIL 30, 2024

Although documents are widely available today via our vast network of digital communications, there is also increasing junk in the system — documents making unsubstantiated claims that are effectively science fiction. That claim requires too much follow-on research work and so does not sufficiently disclose the invention.

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Art Invention Patent Application Publishing 109

SpicyIP

MAY 16, 2024

However, I’d like to point out that with so many remands (see here and here ) from High Courts back to the Patent Office in the recent past for being non speaking and cryptic, this order is surely a template for how simple, crisp decisions granting or rejecting a patent can be.

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Invention Patent Application Patent Blogging 59

Larson & Larson

NOVEMBER 30, 2022

Crafting a patent application is a key step in helping to ensure that your business is safe from outside competition. In this post, we’ll take a deep dive into what goes into drafting a patent application and how to make the most of your efforts while doing so. What can and cannot be patented. Let’s get started!

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Patent Application Patent Invention Business 40

Patently-O

JULY 18, 2022

2022) should cause patent attorneys to pause once again as they draft patent applications and consider any characterizations of the technology as “conventional”; “well known”; or even “known in the art.” ‘607 Patent, Col 5, line 55. Natera, Inc. , — 4th — (Fed.

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Patent Invention Technology Art 83

Patently-O

SEPTEMBER 29, 2022

Here, that “intrinsic record” is the patent document and the “Rule 12 record” is the complaint. In its amended complaint, the patentee alleged two “inventive concepts.” In addition, the patent application itself treats these features as important improvements to content distribution systems.

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Invention Art Patent Patent Application 58

Patent Trademark Blog

JULY 30, 2021

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application.

Patent Application 53

Patent Application Editing Patent Design Patent 53

Patent Trademark Blog

FEBRUARY 15, 2022

What makes for a good utility patent application? Is a good patent application one that avoids rejections ? What if I were to tell you that a utility nonprovisional patent application that gets allowed easily might not always be a good thing? Need to file a patent application? Of course not.

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Patent Application Patent Invention Art 40

Patently-O

AUGUST 4, 2021

Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications. Stephen Thaler and Prof.

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Invention Patent Inventor Intellectual Property 127

Patently-O

FEBRUARY 12, 2024

Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. patents and patent applications.

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Inventor Invention Patent Application Designs 117

Patent Trademark Blog

SEPTEMBER 23, 2021

Claims vs. Description of the Invention. A utility patent is not a simple thing to understand. In a typical utility patent, you’ll see a bunch of drawings labeled as Figures and paragraphs of text. Towards the end of the document, a section entitled Claims appears with numbered paragraphs.

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Invention Patent Application Art Patent 40

Patently-O

SEPTEMBER 13, 2022

Now, Minerva has petitioned the Federal Circuit for an en banc rehearing on the following question: For purposes of determining whether assignor estoppel applies, how should a court determine an inventor’s representation of patent scope in a never-issued claim in the original patent application? Minerva Petition.

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Invention Inventor Patent Application Patent 60

Garrigues Blog

OCTOBER 17, 2023

The Enlarged Board of Appeal of the European Patent Office (EPO) has accepted the possibility of submitting new evidence of the inventive step of a patent application or patent that has been granted during the grant and opposition procedures. We analyze the key aspects of this important decision below.

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Invention Patent Application Patent Publishing 52

Canadian Intellectual Property Blog

MARCH 2, 2021

For larger companies, budget is also a concern, but often it is also the time required of inventors to adequately document an invention disclosure and to work with a patent professional. Often, a patent inventor is also a company executive such as the CEO or CTO and their time is limited. What are the possible drawbacks?

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Invention Patent Inventor Intellectual Property 52

IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Not surprisingly, there were a number of patent applications filed that bridged the March 16, 2013 AIA effective date.

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Invention Inventor Patent Application Patent Law 124

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Thus, a legal safeguard should be provided to inventors for their inventions to keep their interest in science alive. What are the biotechnological inventions? This leads them to think about protecting their inventions from unauthorized use. What is patent? Who can file a patent application?

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Patent Inventor Invention Intellectual Property 92

The IPKat

SEPTEMBER 29, 2023

The ever-present question for IP in certain technical fields is how much data is needed to support a patent application. However, in some cases, the amount of data needed to overcome this doubt to support a patent application may still be surprisingly minimal. 34) ( Cf.

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Invention Art Patent Application Law 112

SpicyIP

JANUARY 17, 2024

Ideally, it is the responsibility of the Patent Office to check that every applicant wishing to obtain a patent registration is complying with the mandated rules and procedural formalities, and in case there are any lapses, the office must take appropriate measures.

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Patent Prosecution Patent Invention Copying 64

LexBlog IP

FEBRUARY 13, 2024

In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are eligible as inventors under the Patent Act.

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Inventor Invention Patent Patent Application 52

The IPKat

OCTOBER 24, 2022

A recent case from the Boards of Appeal ( T 1349/19 ) rejected a lack of inventive step argument that the skilled person would follow an obvious series of steps at arrive at the invention. The case provides some clear language rejecting taking an approach to inventive step that is based on knowledge of the destination.

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Invention Art Patent Application Patent 40

Patently-O

NOVEMBER 17, 2023

And, the AIA limited 1-year grace period under 102(b)(2) would not apply since Teleflex did not first disclose the invention. But, these applications are all pre-AIA. In this situation, Medtronic wants Itou to qualify as prior art as of its application filing date. Proving Invention Date.

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Invention Inventor Art Patent Application 57

Trading Secrets

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

Intepat

MAY 22, 2023

The sine qua non of an invention is its conception. However, something more than conception is required for an invention to be ready for patenting. The first way, actual reduction to practice, is by actually building the invention so that it works and others can follow how it is built.

Inventor 52

Inventor Invention Patent Patent Application 52

SpicyIP

MAY 10, 2023

Justice Singh further writes about the preferred appeals against the rejection orders wherein the Controller’s analysis on “inventive step” was not clear, and about the cases where re-grant oppositions were disposed of within an extremely short span of time. Deputy Controller of Patents and Designs , Auckland Uniservices Limited v.

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Trademark Invention Patent Art 126

Kashishipr

DECEMBER 28, 2021

Conducting FTO Analysis Based on Patent Literature Search. An FTO analysis always starts with searching the patent literature and documents for granted or pending patents. Patents have a limited scope, and it is defined in the claims section of a patent document. Overcoming Obstacles .

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IP Patent Invention Licensing 105

Biswajit Sarkar Copyright Blog

OCTOBER 11, 2023

In the realm of patents, the most common and important task is drafting patent applications, prosecution, specifications, and claims. One of the concerns involving their use in preparing patent applications is the accuracy and completeness of the generated invention descriptions.

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Patent Patent Application Patent Drafting Invention 73

Kashishipr

MAY 25, 2022

A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process. Types of Patent Search.

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Patent Patent Application Inventor Invention 78

IP Tech Blog

MARCH 15, 2022

Though compulsory licensing payments are uncertain at best right now, owners of Russian patents from the affected countries are advised to document commercial activity that would normally be entitled to compensation. This may allow prosecution of pending Russian patent applications or enforcement of granted patents by this agent.

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Licensing Patent Application Patent Prosecution Invention 67