LexBlog IP

NOVEMBER 7, 2021

The United States Patent and Trademark Office (USPTO) grants patents to inventions every day. Not every application succeeds in becoming a granted patent, though. Important requirements must be met in order for an invention to be patented. Usefulness: This is a low bar to meet, fortunately.

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IP Tech Blog

FEBRUARY 9, 2022

the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). The issue at the heart of ALJ Cheney’s decision was whether the Leahy-Smith America Invents Act’s (AIA) amendments to the on-sale bar in 35 U.S.C.

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LexBlog IP

OCTOBER 3, 2022

The act also establishes the rights for businesses and nonprofits to patent and commercialize inventions developed within the scope of the funding agreement. In exchange for the funding agreement, contractors must disclose any invention conceived or reduced to practice under the funding agreement to the funding agency.

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LexBlog IP

FEBRUARY 9, 2022

the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). But the asserted patents have a priority date after the effective date of the AIA, so the AIA version of the §102 on-sale bar applies.

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LexBlog IP

JANUARY 5, 2022

So, believing that the state’s usurpation of his right to control use of the copyrighted work essentially took from the photographer a valuable property right, the photographer made a takings claim, seeking just compensation for the state’s alleged taking, essentially an assertion of eminent domain over the intellectual property.

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The IP Law Blog

FEBRUARY 16, 2023

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. Wingen LLC (“Wingen”) applied for a reissue of its utility patent for a Calibrachoa plant, called Cherry Star, which is similar to a petunia. But in that prior case, Delano Farms Co.

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LexBlog IP

FEBRUARY 16, 2023

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. Wingen LLC (“Wingen”) applied for a reissue of its utility patent for a Calibrachoa plant, called Cherry Star, which is similar to a petunia. § 161.

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Kashishipr

NOVEMBER 10, 2021

The domain of Intellectual Property Rights (IPRs) , especially after the adoption of the Uruguay Round’s resultant, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) , has led to the adoption of an expanded understanding of IPRs in contemporary fields to strengthen the legal position of the rights holders.

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LexBlog IP

FEBRUARY 14, 2023

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. What’s more common than the written word?

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Manufacturers of Enbrel ® biosimilars (Sandoz and Samsung Bioepis) have been embroiled in patent litigation with Immunex, and, as discussed below, Sandoz recently lost its appeal to the Federal Circuit. All currently approved Humira ® biosimilars cannot launch until 2023 per settlements with AbbVie. FDA Addresses the COVID-19 Global Pandemic.

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SpicyIP

AUGUST 15, 2021

The injunction was sought with respect to FMC’s patents relating to Chlorantraniliprole (‘CTPR’), a product used for making insecticides. This injunction plea came about as the defendant sought to launch a CTPR product which according to FMC would infringe its patents. Both these patents expire in August 2022.

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LexBlog IP

OCTOBER 25, 2022

Patent and Trademark Office (USPTO) recently published a request for comments addressing a variety of topics related to generic drug and biosimilar competition. Senators sent a letter to the USPTO to consider changes to its regulations and practices to address “patent thickets.”

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SpicyIP

JANUARY 5, 2024

Jyotpreet is a third-year law student from the National Law University, Delhi who is interested in Intellectual Property Rights and Competition Law and looks to study their interaction with each other. which requires patented products to be significantly manufactured in the US until it is commercially infeasible.

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