The IP Law Blog

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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Law Patent Invention Intellectual Property 109

Patently-O

FEBRUARY 10, 2023

It also turns out that the same law firm – Cooley – represents GW-Pharma (the owner of the Whittle prior art) in patent prosecution. And, Cooley attorneys had argued to the USPTO that GW Pharma invented a liquid formulation with 95% purity CBD.

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Copying Patent Prosecution Invention Art 92

SpicyIP

APRIL 3, 2024

The Controller had then cited 4 prior art documents (D1-D4) in the First Examination Report and in the impugned order referred to a fifth prior art document (D5) to find that the invention lacks an inventive step. The impugned order also failed to consider the patent granted to the subject invention in different jurisdiction.

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Patent Art Invention Patent Prosecution 45

Patently-O

JULY 8, 2021

This includes patent prosecution, enforcement, R&D, employment, innovation, sales, competition, etc. How is eligibility jurisprudence impacting the following: quantum computing; AI; precision medicine; diagnostic methods; pharmaceutical treatments; and other computer-related inventions?

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Patent Prosecution Intellectual Property Inventor Invention 95

SpicyIP

APRIL 10, 2024

(Interested readers can read more on the Ceritinib patent litigation here.) Madras High Court Revokes Omega Ecotech’s Patent The Madras High Court on March 28, 2024 revoked Omega Ecotech’s Patent on a multistage bio composting kit and method of composting. The invention had a product claim and method claim.

Patent 45

Patent Cease and Desist Invention Art 45

Patently-O

JANUARY 23, 2024

KSR ‘s language is built on longstanding precedent that an invention cannot be considered obvious if, at the time it was made, it would not have been “perfectly plain” or “immediately recognizable” to one skilled in the art. Dow Chemical Co.

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Art Invention Patent Prosecution Patent 80

The IPKat

DECEMBER 7, 2021

First, for the sake of good order, Lederer means by the term patent trolls an abuse of the patent system, in which— low-quality patents that are asserted against innovative companies by entities that often don’t even make any products. The root source of this situation, according to Lederer, is the patent prosecution process.

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Patent Troll Patent Litigation Inventor 122

LexBlog IP

NOVEMBER 17, 2022

Yet, many Patent Owners still continue to shoot themselves in the foot when it comes to litigating at the PTAB. First, Patent Owners (NPE’s especially) increasingly rely on litigation trial counsel for PTAB representation. Bad Counsel, Bad Strategies, or Both? We are now a full decade into PTAB practice.

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Patent Patent Prosecution Art Litigation 52

SpicyIP

JULY 13, 2023

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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Patent Application Invention Designs Design 95

LexBlog IP

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

Law 52

Law Invention Patent Intellectual Property 52

Patently-O

OCTOBER 5, 2021

Like the dissenting judge on the panel, several of the opinions denying rehearing en banc faulted the panel majority for establishing a new “nothing more” test—if the claimed invention “clearly invokes a natural law, and nothing more, to accomplish a desired result”—for patent ineligibility. patent enforcement and litigation; c.

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Patent Intellectual Property Invention Inventor 102

JIPL Online

APRIL 22, 2021

i] This confusion has a direct impact on the willingness to invent, drug pricing, the recovery of research and development (R&D), and other basic purposes of the Act. [ii]. Hopefully, with these suggestions, litigation surrounding this inherently ambiguous statute will diminish. Background. Policy considerations. products.” [xix]

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Intellectual Property Law Intellectual Property Litigation Law 98

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 5, 2021

In addition to his litigation work, Amon serves as vice managing principal and pro bono coordinator of Fish’s San Diego office. has established herself as a go-to attorney for pharmaceutical, chemistry, biotechnology, and nanotechnology clients who depend on her to help bring their life-saving drugs and inventions to market.

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Journalism Business Due Diligence Law 40

SpicyIP

FEBRUARY 15, 2023

The ratio set by them are so diverse that, in an adversarial proceeding such as patent prosecution or litigation, the opposite parties may pick their respective chosen or desired positions based on any of them, and no clear conclusion could be arrived at. International Patent Classification (IPC)).

Invention 98

Invention Patent Application Patent Patent Prosecution 98

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

With these technical advances comes an increase in legal activity, including intellectual property (IP) filings and litigation. Patent prosecution, portfolio, and strategic patenting considerations. Obtaining patent protection for battery innovations requires battery companies to file applications with the USPTO.

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Intellectual Property Litigation Patent Prosecution IP 52

IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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Inventor Patent Application Invention Patent 128

SpicyIP

DECEMBER 27, 2021

The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Drug and the patent. The Litigation. Background . See here and here ).

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Patent Art Patent Prosecution Litigation 105

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Patent Prosecution, Portfolio, and Strategic Patenting Considerations.

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Intellectual Property Technology Journalism IP 52

IP Watchdog

JULY 18, 2022

Judge Pauline Newman dissented, accusing the majority of departing “from the rule that patent claims are construed in accordance with the invention described in the specification.”. The CAFC, with Chief Judge Moore writing, said the district court’s ruling was based on an erroneous claim construction.

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Patent Invention Law Technology 62

43(B)log

FEBRUARY 3, 2023

and design patents were hard to get/not as valuable at the time. There’s not evidence of a litigation history of the few midcentury modern design patents, even though Herman Miller etc. Herman Miller litigated even against “Eames style.” Design patents aren’t patents. Compco, etc.) A lot of settlements.

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Designs Design Design Patent Branding 59

LexBlog IP

MARCH 1, 2022

Early-stage companies have less risk of patent damages for infringement if they ‘did not know’ of the patent infringement. Unlike a patentability report that looks at the invention as a whole, FTO searches take a component-based approach. John is a patent and technology technical advisor at Founders Legal.

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Intellectual Property Art Technology Patent Infringement 52

SpicyIP

JANUARY 18, 2023

That is to say, ‘applicants’ are interested stakeholders here, and focusing on issues faced by applicants alone, just one of the many stakeholders, does not equate to understanding the patent oppositions mechanism as a whole. For instance, the Dhaval Diyora case which was litigated in Bombay High Court and Ms.

Patent Application 141

Patent Application Reporting Public Domain Patent 141

SpicyIP

APRIL 7, 2024

Section 8 and the Transparency of Indian Patent System According to Section 8 of the Indian Patents Act , patent applicants must regularly disclose to the patent office any same or substantially similar foreign applications corresponding to their patent applications for Indian inventions, and any updates relevant to their prosecution.

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Patent Patent Application Intellectual Property Law 72

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 21, 2020

Blockchain and cryptocurrency technologies are rapidly expanding throughout the world – and with that rapid expansion has come a growing interest in IP protection for blockchain and cryptocurrency inventions. Patenting innovations in blockchain technology. USPTO statistics confirm blockchain’s ascendance.

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Technology Copying Invention Patent Prosecution 76

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Patent Prosecution. Patent protection is generally available for cannabis and cannabis-related innovations on the same basis as any other innovation, presenting relatively few obstacles for applicants. A patent applicant’s planned use of the claimed invention thus has no bearing on its patentability.

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IP Registration Trademark Branding 52

SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Sidhi is a final year B.A.

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IP Trademark Advertising Advertising 59

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

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IP Intellectual Property Copyright Trademark 143

Patently-O

MAY 15, 2024

In my view, the proposed fee increases for continuation applications, RCEs, and excess claims suggest the USPTO is using financial incentives to shape applicant behavior and encourage more compact and focused patent prosecution. This aims to deter competition barriers from multiple patents on obvious variants of an invention.

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Art Intellectual Property Designs Design 44

Patently-O

NOVEMBER 6, 2023

” Prosecution History : During patent prosecution, the patentee had distinguished its invention from a formulation with pH 12 — arguing that pH 13 exhibited substantially more stability. But the prosecution history did not compare pH 13 with values in between 12 and 13.

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Patent Application Patent Prosecution Patent Inventor 67

Patently-O

OCTOBER 27, 2023

Typically, patentees are seeking narrow claim construction in order to better differentiate the patent claims from the asserted prior art. And, although a patentee could expressly amend the claims, such an action could create problems in litigation such as eliminating back damages and potentially creating an estoppel problem.

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Patent Prosecution Art Patent Invention 62