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Challenges of Proving Inventorship: Corroboration of All Inventive Facts

Patently-O

These patents, US Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379, cover inventions devised to offer an “enhanced backup support” in contrast to using a guide catheter individually. Under this regulation, a third party’s US or PCT patent application becomes prior art once published.

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Schrodinger’s Claims of Mitsui Chemicals: Claims That Are There and Also Not There

SpicyIP

Controller of Patents made some notable observations on amendment of claims in a PCT application and Section 3(h) of the Patent Act. First, the treatment of claims during the national phase entry of a PCT application into India. In a significant order, the Delhi High Court in Mitsui Chemicals v. Let’s dive in.

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Intellectual Property 101: Filing for a Patent in Canada and Beyond

IPilogue

Madelaine Lynch is an IP Intensive intern, an IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. Part 5: Why Can’t I Talk About It, It’s My Invention? Patent protection is jurisdictional, which means that your invention is only protected in the country (or countries) where the patent was issued.

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Docketing Nightmare: CPA Global wins Despite their Docketing Error; Law Firm still on the hook for Missed Deadline

Patently-O

By Dennis Crouch In a recent unpublished decision, the Georgia Court of Appeals affirmed summary judgment in favor of CPA Global Support Services, LLC (“CPA”) (now part of Clarivate) against a claim of negligent misrepresentation brought by inventor James C. Robinson, a neurosurgeon, invented a type of spinal implant.

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EPO consults on patent grace periods (again)

The IPKat

The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent filing. By contrast, the US patent system retains a grace period for patent applications. 102(b)(1)(A) ). 102(b)(1)(A) ). 102(b)(1)(B) ).

Patent 131
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In Becoming the First Country to Recognise Non-Human Inventors, is Australia a Hero of Progress, or a Chump?

LexBlog IP

As I recently (tentatively) predicted, on Friday 30 July 2021 Justice Beach in the Federal Court of Australia handed down a judgment giving Australia the dubious honour of becoming the first country in the world to legally recognise a non-human as a valid inventor on a patent application: Thaler v Commissioner of Patents [2021] FCA 879.

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Highlights from the new EPO Guidelines for Examination 2024

The IPKat

The main updates this year reflect the recent decisions from the Enlarged Board of Appeal (EBA) in G2/21 (Evidence standard for inventive step/plausibility) and G 1/22 (Entitlement to priority). The impact of G 2/21 on inventive step and free evaluation of evidence (E-IV-4.1, Is the Broad CRISPR appeal coming back from the dead?