LexBlog IP

NOVEMBER 22, 2021

Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. In contrast, an average time to prosecute non-PPH patent applications is approximately 22.7

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LexBlog IP

DECEMBER 20, 2021

This is the second article of the multi-part series discussing benefits of prosecuting patents under Patent Prosecution Highway or PPH. To recap, PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices.

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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 ! About the Patent Drafting Competition. Team patent applications will be due on January 16, 2022.

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The IPKat

SEPTEMBER 23, 2021

The US Courts of Appeal of the Federal Circuit (CAFC) found in Belcher Pharmaceuticals v Hospira, Inc that a formulation patent was unenforceable in view of inequitable conduct, in the form of contradictory submissions to the patent office and the regulatory agency (FDA) by the patentee. Amphastar (Fed. Beckton , Fed.

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Patent Prosecution Patent Patent Application Art 57

Patently-O

JULY 16, 2023

In patent lingo, we call this a “floating apparatus with grill supports” to allow grilling while floating in water. After the patent issued, the patentee recognized that the magnet limitation was unduly narrow. The patent also described advantages of the multiple-arbor arrangement. Flow Valve, LLC, 926 F.3d

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Patent Invention Patent Prosecution Patent Application 98

Patently-O

OCTOBER 16, 2023

by Dennis Crouch Impact of Sonos on Patent Prosecution : The recent Sonos v. Google decision threatens to grind to a halt, or at least significantly restrict, a once-common patent prosecution strategy – keeping continuation applications pending for years to obtain new claims that cover marketplace developments.

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IP Watchdog

JULY 12, 2022

Patent and Trademark Office (USPTO) published a notice of proposed rulemaking (NPRM) in the Federal Register announcing that the agency would be revising its rules of practice to require that information disclosure statements related to patent term adjustments (PTAs) be submitted on Form PTO/SB/133. Today, the U.S.

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Patently-O

MARCH 15, 2023

Associates around the country today are drafting motions, patent applications, and other documents using some version of ChatGPT. Of course, If I were a judge or examiner, I might also be interested in using AI to help facilitate my decision-making.

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Patent Prosecution Patent Application Art Reporting 121

IP Watchdog

MARCH 20, 2023

Its applications in the fields of natural language processing and text analysis have been well documented and have aroused great interest. Recently, the technology has even been used in the realm of intellectual property, with some having used it to draft patent applications.

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SpicyIP

FEBRUARY 28, 2022

We’re pleased to inform you that LexisNexis has introduced LexisNexis PatentAdvisor Extension, a free web tool to display patent examiner statistics on USPTO Websites. LexisNexis Introduces LexisNexis PatentAdvisor Extension, Free Web Tool to Display Patent. For further details, please read their announcement below.

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Patent Prosecution Intellectual Property Patent Art 98

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. within six months before the priority date of the ’987 patent), and all the inventors of the ’987 patent are also authors of the article.

Art 52

Art Patent Prosecution Patent Application Intellectual Property 52

SpicyIP

APRIL 3, 2024

Over the course of the last 2 years, we have seen High Courts remand numerous orders (read: reject) to the Indian Patent Office for reconsideration. Controller of Patents is the latest addition in this list of remands on the above grounds. The authors would like to acknowledge an anonymous reader for sharing this development with us.

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IP Tech Blog

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents.

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Patently-O

FEBRUARY 26, 2024

In a cross-appeal, Amazon argues that the district court should have found the patent unenforceable due to inequitable conduct. The parent patent application (APN 11/301,291) received an office action back in 2011 and the case went abandoned six months later. .” Throughout this time, the same patent attorney (Mr.

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Patent Patent Application Patent Prosecution Blogging 58

IP Watchdog

JUNE 6, 2023

Patent and Trademark (USPTO) published a pair of documents in the Federal Register regarding due dates on new document formatting requirements for patent applications filed with the Office. Today, the U.S.

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Patent Application Publishing Trademark Patent 59

Patently-O

APRIL 3, 2024

by Dennis Crouch The United States Patent and Trademark Office (USPTO) recently proposed a new fee structure for fiscal year 2025 , which includes significant increases in various patent fees. This fits with the ongoing trend that a patent should be of a particular size. It is unclear how this proposal benefits the USPTO.

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LexBlog IP

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents.

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Licensing Patent Application Patent Prosecution Invention 52

LexBlog IP

MARCH 25, 2022

What Information is included in a Patent? And Does it Apply to Stakeholders of a Patent Lifecycle. Patents are composed of several different parts, each of which serves a particular purpose in securing the rights of an invention. Each component can provide information to the various stakeholders in the life of a patent.

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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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Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

Information and statements” may include, among other items, information that “refutes, or is inconsistent with, a position that the applicant takes in” either “opposing an argument of unpatentability relied on by the Office” or “asserting an argument of patentability.”. the party has a duty to submit the information to the USPTO.”.

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Patent Prosecution Due Diligence Reporting Inventor 76

SpicyIP

JANUARY 18, 2023

As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Views expressed in the post are his own.

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Patent Application Reporting Public Domain Patent 141

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. Read the deadline extension documents: [link]. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? 3d 1347 (Fed.

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Patently-O

JANUARY 4, 2024

The role of attribution is also receiving increasing focus as attorneys begin to rely more heavily on AI outputs for their legal documents. In this case, HLG alleges that Winston & Strawn plagiarized a motion to dismiss that HLG had filed on behalf of a client in an earlier consolidated patent case. 2013 WL 6242843, at *1 (N.D.

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Patent Trademark Blog

JULY 14, 2021

Furthermore, patent prosecution occurring after the initial filing will vary by each governmental patent office. Some IP offices may present a more challenging patent examination process than others. Do US national stage applications require a subsequent request for examination?

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SpicyIP

NOVEMBER 7, 2022

Delhi High Court on Non-filing of Written Submission to Delay Patent Application Process. The Controller of Patents where it rebuked the Plaintiff for not filing written submissions in time and thereby delaying the patent application process. Course on Access to Medicines, TRIPS and Patents [Kochi, December 10-14].

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Patent Prosecution Invention Journalism IP 111

Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

Patent opposition, if used properly, is an important tool to prevent the grant of frivolous patents. However, this raises question of the misuse of opposition to prevent patents with great competitive value thereby affecting the business of competitors. Types of Patent Opposition in India. Invention is not patentable.

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2020

What is a utility patent? [1]. The definition of a utility patent is a patent that covers “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” [i] i] Utility patents are the most prevalent type of patent. Who can apply for a patent?

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SpicyIP

JULY 22, 2023

In this post, developed along the lines of a literature review cum blogpost, Yashna Walia has looked through the various government policy documents on AI to see what they have to say about IP! The document highlights that “AI systems are susceptible to attack such as manipulation of data being used to train the AI…etc.” Arul Scaria).

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LexBlog IP

SEPTEMBER 29, 2022

Chinese Utility models can provide an alternative to invention patents and supplement them too. Unlike invention patents, utility models are not examined. Most people incorrectly assume these “junk” patents are worthless because they are granted without any substantial examination.

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Intellectual Property Invention Patent Application Art 52

Patently-O

MAY 24, 2023

By David Hricik, Mercer Law School In a single decision issued by several panels, the Board held that the patentee had failed to act in good faith by, boiled down, intentionally withholding material test data that was inconsistent with the arguments it was making in favor of patentability of both original and proposed substitute claims.

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Canadian Intellectual Property Blog

FEBRUARY 16, 2021

of the Patent Act has brought about a significant shift in the Canadian approach to file wrapper estoppel by enabling the introduction of a patent’s prosecution history during claim construction. However, whether the prosecution history of a foreign application can ever be considered pursuant to section 53.1

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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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Patentably Defined

FEBRUARY 4, 2011

The USPTO’s Patent Prosecution Highway Information Page. The USPTO’s Electronic Document Exchange Program Page. The USPTO’s National Stage Application Information/Forms Page. The USPTO’s Patents Information Page. DC Patent Attorney. DC Patent Attorney. The USPTO’s Current Fee Schedule.

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