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A Request for Grace Period for a Novelty Art Should Be Submitted Within Two Months When the Patentee Knew or Should Have Known About the Novelty Art After the Patent Application Was Filed

LexBlog IP

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
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[Conference Report] Patents, truth, PCT and more at the UIC School of Law International IP Practice Seminar

The IPKat

Back in October, University of Illinois Chicago School of Law’s Center for Intellectual Property (“IP”), Information, and Privacy Law organized and virtually hosted its International IP Practice Seminar. Jorgenson discussed her new appointment as WIPO’s first IP and Gender Champion. Adam Ernette (UIC) reports on the seminar.

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Intellectual Property Rights and Federally Funded Research

LexBlog IP

However, if the Contractor fails to report any inventions to the contracting officer within two months of preparing the corresponding patent applications, the Contractor risks losing ownership of those inventions. The nations in which the Contractor seeks to file the patent application. important;}}.

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The NYIPLA Brief: Advocating for Patent Term Adjustments

Patently-O

2023) has set the stage for a potentially significant Supreme Court case on the interplay between the Patent Term Adjustment (PTA) statute, 35 U.S.C. § 154(b), and the judicially-created doctrine of obviousness-type double patenting (ODP). by Dennis Crouch The Federal Circuit’s 2023 decision in In re Cellect, LLC , 81 F.4th

Patent 40
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The PREVAIL Act – Does it Unfairly Hinder Patent Challengers’ Possibility of Prevailing at the PTAB?

LexBlog IP

Patent Trial and Appeal Board (PTAB). The PREVAIL Act serves as a supplement to the proposed STRONGER Patents Act, introduced in 2019. Improve PTAB rules to protect inventors from costly, unnecessary litigation. Improve PTAB rules to protect inventors from costly, unnecessary litigation.

Patent 52
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Patent Interferences May Not Involve Pure AIA Patent

LexBlog IP

The Patent Office is not supposed to issue separate patents for the same invention to competing inventors. Several statutory provisions empower the Office to reject pre-AIA patent application claims of the later inventor. But sometimes it’s not clear who is the later inventor.

Patent 52
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In Re: Cellect, LLC No. 2022-1293 (Fed. Cir. Aug. 28, 2023)

LexBlog IP

This case addresses how Patent Term Adjustment (PTA) interacts with obviousness-type double patenting (ODP). for infringement of four patents. Subsequently, Samsung requested four ex parte reexaminations asserting that the patents were unpatentable based on ODP, which was not raised by the examiner during prosecution.

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