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Legal Lessons from Holiday Lights: Clarity in Patent Drafting

LexBlog IP

This jolly invention lights up each branch individually, featuring a central bus wire nestled near the trunk, branching into 5 to 10 light circuits, each sporting 10 to 20 bulbs. As such, patent practitioners should avoid terms such as “large,” “optimized,” “similar,” and “user-friendly.”

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Narrowing the Analogous Arts with a Problem-Solution Statement

Patently-O

This case also raises questions about the value of explicitly stating the problem solved within the patent document, and perhaps directly in the patent claims. The statutory obviousness test requires a comparison of the claimed invention and the prior art from the perspective of a person having ordinary skill in the art (PHOSITA).

Art 55
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EPO Decisions – The Not So Holy Grail?

SpicyIP

Image from here Issues related to patent quality are pressing and worrying, even a standard measure of monitoring patent quality has been difficult. Of late, even in the EU, there has been an increased focus on the quality of patents in response to the rise of business models centered around patent litigation.

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Tesla’s Lasers on Vehicle Patent

TraskBritt Intellectual Property

Even if Tesla has no intention of developing the laser system to clean glass surfaces on a car or photovoltaic solar panels, obtaining patent protection will give Tesla the option to enforce the patent against potential competitors by engaging in patent litigation. Steps to Obtain a Patent. Solvay S.A. Solvay S.A.

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Unambiguous disclosure without patent profanity (T 2171/21)

The IPKat

US patent attorneys wishing to understand certain peculiarities of European patent drafting need look no further than the recent Board of Appeal decision in T 2171/21. The case law relating to pointers and selection inventions is well established CLBA, II-E-1.6.2c) ). 3d 1241 (Fed.

Patent 109
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Adding matter by cherry-picking from separate embodiments: Philip Morris v BAT ([2023] EWHC 2616 (Pat))

The IPKat

PM sought revocation of the patent, and BAT counterclaimed infringement of the patent by PM's heat-not-burn IQOS ILUMA device. During proceedings, BAT submitted an amendment to the claims in an attempt to overcome invalidity for inventive step. Final thoughts: Added matter versus patent profanity?

Invention 113
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ChatGPT and Intellectual Property (IP) related Topics

LexBlog IP

Marshall Gerstein’s practice areas include patents, trademarks, copyrights, trade secrets, and related litigation, as well as IP licensing, counseling, and transactions. Patents: Inventorship Can an AI, such as ChatGPT, invent? No, according to various patent offices and patent laws around the world.