IP Tech Blog

JULY 22, 2021

The United States Patent and Trademark Office (USPTO) has announced the final deadline for submission of applications for its Patents for Humanity COVID-19 award: The submission deadline is 5 p.m. The USPTO will only continue to accept applications for the Patents for Humanity COVID-19 category until September 30, 2021.

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LexBlog IP

AUGUST 8, 2023

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. What did the Board do?

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The IP Law Blog

MARCH 26, 2021

The validity of a United States patent can be challenged in federal court litigation. Patents can also be challenged in the U.S. Patent and Trademark Office, which, in most cases, is a quicker and less costly process. In IPRs and PGRs, anyone except the patent owner may file a petition to challenge the patent.

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LexBlog IP

NOVEMBER 9, 2021

my personal favorite) Toll a patent’s term while invalidity is being litigated. For example, should invalid patents be repeatedly rewarded with extended term based upon the litigious nature of the licensing entity? Unfortunately, patent examination is an imperfect process; mistakes are routinely made.

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Patent Troll Patent Invention Licensing 52

Patently-O

MAY 30, 2024

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

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Patent Intellectual Property Law Intellectual Property Law 40

The IPKat

JANUARY 9, 2022

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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Reporting Law IP Patent 57

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.

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Art Patent Prosecution Patent Application Intellectual Property 52

LexBlog IP

JULY 22, 2021

The United States Patent and Trademark Office (USPTO) has announced the final deadline for submission of applications for its Patents for Humanity COVID-19 award: The submission deadline is 5 p.m. The USPTO will only continue to accept applications for the Patents for Humanity COVID-19 category until September 30, 2021.

Patent 52

Patent Patent Application Invention Technology 52

LexBlog IP

SEPTEMBER 5, 2023

The Federal Circuit recently upheld the Patent Office’s decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP). Unless overturned, this decision will significantly affect patent families that have patents with different expiration dates.

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LexBlog IP

OCTOBER 24, 2022

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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LexBlog IP

FEBRUARY 1, 2022

Last summer, a guidance memo was issued to the Patent Trial & Appeal Board (PTAB) on the use of Applicant Admitted Prior Art (AAPA) in IPR proceedings. ” The earlier memo explained: [A}ny patent that is used as the “basis of’ a request for inter partes review must be a prior art patent, not the challenged patent.

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Art Patent Invention Designs 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 6, 2021

The court reasoned that “[t]he mere fact that [plaintiff] is not currently practicing the patents does not mean that, as a matter of law, it is not prejudiced by a substantial delay of an imminent trial date.” Stingray IP Solutions, LLC v. Vicor Corporation , 2-14-cv-00287 (Nov. 16, 2021, E.D. Craven, Mag.). 15, 2021, E.D.

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Litigation Patent Invention IP 52

LexBlog IP

JANUARY 23, 2024

In an ex part e appeal from a decision of the Patent Trial & Appeal Board (PTAB) in In re Xencor (application 16/803,690), one of the disputed issue relates to the level off 112 enablement of certain antibody claims when presented in Jepson format or MPF format. .”

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LexBlog IP

OCTOBER 12, 2021

the Federal Circuit tackled the question of whether a post-issuance review proceeding (in this case, ex parte reexamination (“EPR”)) was available to a challenger that repeatedly filed another post-issuance review proceeding (in this case, inter partes review (“IPR”)) to forward the very same argument. Background.

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IP Watchdog

MAY 30, 2023

One of the most intriguing, and frankly long overdue, reforms the United States Patent and Trademark Office (USPTO) needs to consider is putting an end to the practice of for-profit entities like Unified Patents and RPX filing petitions challenging a patent.

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LexBlog IP

JUNE 20, 2023

For example, the agency cannot require Article III standing for an AIA petition (rejected in legislative history), give deference to previous reexaminations/decisions of the courts (explicitly addressed in AIA estoppel statutes), or foreclose otherwise viable agency options by forced stipulations (explicitly addressed in various AIA statutes).

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Litigation Ownership Patent Inventor 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 22, 2022

The implementation of the America Invents Act in 2012 significantly changed patent practice in the United States, in part by creating an avenue to challenge a patent’s validity at the Patent Trial and Appeal Board (PTAB) without enduring the time and expense of district court litigation. Responding to the AIA.

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LexBlog IP

JUNE 20, 2022

Back in September of 2021, the “Restoring the America Invents Act” was released by Senators Leahy (D-VT) and Cornyn (R-TX). Given the low frequency, relatively noncontroversial) If new claims are added to a patent by reexamination or reissue, even if petitioner is outside of its window, those claims get a fresh window.

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LexBlog IP

JULY 17, 2023

Patent Trial and Appeal Board (PTAB). The PREVAIL Act serves as a supplement to the proposed STRONGER Patents Act, introduced in 2019. Ensure UPSTO has resources it needs to administer a patent system that promotes innovation. The drafters have also identified multiple petitions as a source of increased cost to patent owners.

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LexBlog IP

JULY 19, 2021

In designing the America Invents Act (AIA), statutory estoppel of 35 U.S.C. § This statutory design was responsive to the previous criticism of inter partes reexamination estoppel, which attached only after all appeals were exhausted. This unbalanced scenario can be exploited by Patent Owners.

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LexBlog IP

JANUARY 5, 2022

Copyright Conundrums, Sovereign States, and IP Piracy (2020). Perhaps picking up on the sentiment implied in the constitutional language the “securing for.inventors the exclusive right to their.discoveries,” Section 261 of Title 35 states that “patents shall have the attributes of personal property.”

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