LexBlog IP

DECEMBER 6, 2023

Suppose you have an inventor or applicant who asks you to file a patent application in the U.S. However, the applicant has limited financial resources for filing the patent application. Should you claim small entity status or micro entity status for the applicant at the time of filing the patent application?

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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. Such applications are primarily governed by sections 43A to 43F of the Patent Act. See Rule 4.1(a)(iv).

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IP Watchdog

SEPTEMBER 12, 2021

Patent and Trademark Office (USPTO), discussing the issue of inconsistent statements made by patent applicants pursuant to their disclosure requirements at the USPTO and other federal agencies, especially the U.S. Food and Drug Administration (FDA).

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Intellectual Property Law Blog

OCTOBER 6, 2023

patent system from a first-to-invent system to a first-to-file system. Under a first-to-invent system, the first person to come up with an invention has “priority” and is entitled to a patent even if there was an earlier filed patent application from a different inventor covering the same invention.

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IP Watchdog

OCTOBER 12, 2022

The China National Intellectual Property Administration (CNIPA) released a draft of new measures that would downgrade the ratings of Chinese patent agencies that approve abnormal or fraudulent patents. CNIPA released the draft on October 8, which expands on a trial started in January 2022 in four provinces.

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IP Watchdog

NOVEMBER 5, 2023

Patent and Trademark Office (USPTO) in recent weeks regarding the Office’s decision to retire Private PAIR and EFS-Web, the two main software systems used by patent applicants, on November 8. Numerous letters have been submitted to the U.S.

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JD Supra Law

DECEMBER 13, 2023

On December 8, 2023, the National Institute of Standards and Technology (NIST) published a draft guidance document regarding the government’s exercise of “march-in” rights under the Bayh-Dole Act. The Bayh-Dole march-in rights apply solely to patents and patent applications supported with federal funding, and not to products themselves.

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LexBlog IP

JULY 9, 2021

Mike has previously contributed articles on the impact, from an Australian perspective, of COVID-19 on international patent, trade mark, and registered designs filings , and on what patent data can tell us about the Australian government’s plan for local manufacturing?

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JD Supra Law

MAY 9, 2022

31 (“GL31”), which authorizes transactions in connection with the filing and prosecution of patent applications, or the maintenance of issued patents, in Russia. On May 5, 2022, the Office of Foreign Assets Control of the U.S. Department of the Treasury issued General License No.

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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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IP Law 360

FEBRUARY 28, 2024

Government Accountability Office sustained an intellectual property research firm's protest of a $267 million deal to help the U.S. Patent and Trademark Office review patent applications, saying the deal's winner didn't meet a clear small business subcontracting requirement.

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Selvam & Selvam Blog

NOVEMBER 5, 2022

November 4, 2022: The Madras High Court allowed the two writ petitions filed by the applicant with respect to two patent applications that were deemed abandoned by the Indian Patent Office on account of delay in filing the Request for Examination. In Chandra Sekar Vs. The Controller of Patents and Designs & Anr.

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IP Law 360

JANUARY 30, 2024

The Centers for Disease Control and Prevention's repeated citation of research for HIV prevention treatments in its patent applications was key to the U.S. Court of Federal Claims concluding the government violated contracts with research partner Gilead, according to an opinion unsealed Tuesday.

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JD Supra Law

FEBRUARY 23, 2024

A global consensus seems to be forming that an artificial intelligence (AI) system does not deserve—at least for now—to be named as an inventor on a patent application. The question is under consideration and being settled in most of the major countries where patents are sought. Vidal), recently held that the governing.

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Patent Trademark Blog

OCTOBER 24, 2023

How can a first-time filer speed up their utility patent application? If you are filing a utility patent application for the first time, you might be able to speed up your patent app. Need to speed up your utility patent application? Is there a fee for the first-time filer patent petition?

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Patent Trademark Blog

OCTOBER 24, 2023

How can a first-time filer speed up their utility patent application? If you are filing a utility patent application for the first time, you might be able to speed up your patent app. Need to speed up your utility patent application? Is there a fee for the first-time filer patent petition?

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JD Supra Law

FEBRUARY 5, 2024

As part of the America Invents Act (“AIA”), Congress moved the patent system from a first-to-invent to a first-inventor-to-file system. For patents governed by the new first-to-file system, the Act also eliminated interferences, which are administrative priority contests before the PTAB.

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Patent Trademark Blog

JANUARY 4, 2023

What is a utility nonprovisional patent application? Unlike design patents , utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed. This can save a significant amount of USPTO government fees.

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SpicyIP

MARCH 21, 2024

Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent. However, since the ordinance would lapse, Parliament had to necessarily enact a law to amend the Patents Act.

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JD Supra Law

JANUARY 5, 2022

Consider requesting examination of your Canadian patent applications now to avoid potential fees - Last summer, the Government of Canada issued draft regulations introducing claim fees and a continued examination scheme for Canadian patent applications.

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IP Law 360

MARCH 5, 2024

Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.

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SpicyIP

AUGUST 1, 2021

Section 11 (b) read with Rule 24B of Patents Rules, 2003 concerning patent application exam stipulates a 48-month period from the date of priority or filing of patent application within which a request for examination of the application needs to be made. Easing such norms makes the process more accessible.

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Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

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LexBlog IP

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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Trading Secrets

OCTOBER 24, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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Patent Application Invention Inventor Patent Prosecution 52

LexBlog IP

OCTOBER 12, 2023

In a recent post , we discussed whether patent applications could provide insight into the blueprints of extraterrestrial spacecraft. Yet, an enigmatic question looms large: would the powers that be genuinely consider patenting such advanced technology, fully aware that patent applications might see the light of day?

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IP Watchdog

AUGUST 18, 2022

Responding to the patent term adjustment obligation under the Canada-United States-Mexico Agreement (CUSMA) and to “streamline the patent examination process”, the Canadian government has registered major changes to the Canadian Patent Rules.

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Patent Trademark Blog

APRIL 5, 2023

How much does it cost to file a China patent application? For utility patents, the initial filing cost will start at approximately $3,000. Costs for an initial filing of a China utility patent application will depend on translation costs, foreign government costs, foreign associate fees and US attorney’s fees.

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Patently-O

JULY 26, 2021

But, there is typically a months-long process of moving from conception to a filed patent application. During that time the invention is typically kept secret in order to avoid losing patent rights due to early disclosure. Conventional Wisdom: Keep inventions secret until the patent application is filed.

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Patent Trademark Blog

OCTOBER 26, 2022

In order to gain certain exclusive rights from the government, inventors must disclose detailed information on how to make and use their invention. In exchange for the public disclosure of your proprietary information, the government is willing to give you a patent. for examples of enabling and nonenabling patents.

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Intellectual Property Law Blog

JANUARY 24, 2022

Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. An applicant is required to address all these objections and rejections in one response. .

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LexBlog IP

JANUARY 11, 2024

The Principle of Good Faith in Patent Applications The revised regulations emphasize the principle of good faith in all patent applications: New Article 11: Mandates adherence to the principle of good faith. Genuine Inventive Activities: Requires applications to be based on real and original inventive activities.

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The IPKat

FEBRUARY 11, 2024

A key aspect of the Basic Proposal is an international disclosure requirement for patent applications (Article 3): For inventions based on genetic resources, applicants would be required to disclose the country of origin, or if that is unknown, the source of the genetic resources.

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SpicyIP

AUGUST 10, 2023

of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. 5 February 2018 The petitioner filed an International Application under the Patent Cooperation Treaty (PCT).

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LexBlog IP

AUGUST 29, 2023

He boldly asserted that the government is playing a galactic game of hide and seek with unidentified aerial phenomenon (UAP) (or UFO) technology. government has a secretive crash retrieval program and suggested that the U.S. Could patent applications serve as a tangible avenue for identifying ET’s blueprints?

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IP Watchdog

MARCH 28, 2023

companies and inventors still filed more patent applications with the European Patent Office (EPO) than any other country, according to its Patent Index 2022, which was released today. patent applications numbered 48,088, a 2.9% The index showed that U.S. increase from 2021.

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IPilogue

MARCH 28, 2022

This article is part of a series covering the 5th Annual IP Data & Research Conference, hosted by the Canadian Intellectual Property Office and the Centre for International Governance Innovation. The first speaker was Peigi Wilson, research manager for the First Nations Information Governance Centre (“FNIGC”).

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