LexBlog IP

FEBRUARY 23, 2022

Suppose that you have an invention disclosure for a design of an article that you want to protect. When you review the invention disclosure, you notice that the design is ornamental, for example, a pattern, on an article such as a chair. You want to file a patent application to protect the design. The answer is YES.

Design Patent 52

Design Patent Patent Application Designs Design 52

LexBlog IP

JULY 27, 2023

Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file the utility patent application with the color drawings or photographs?

Patent Application 52

Patent Application Patent Invention Copying 52

Patent Trademark Blog

OCTOBER 10, 2022

What is a PCT Receiving Office (RO)? In order to file a PCT application , a Receiving Office (RO) must be selected. For most US practitioners, the default is to select the US as the Receiving Office due to the familiarity of electronically filing patent applications with the USPTO. There’s just one problem.

Invention 52

Invention Licensing Patent Application Blogging 52

Patent Trademark Blog

JULY 28, 2022

Can you file a single patent application for all countries? Wouldn’t it be great if you could get a single patent to cover all countries? Is there such a thing as a worldwide utility patent? It’s called a PCT application. Notice I said “patent-pending” and not patented.

Patent 96

Patent Patent Application Art Intellectual Property 96

SpicyIP

AUGUST 10, 2023

of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. 5 February 2018 The petitioner filed an International Application under the Patent Cooperation Treaty (PCT).

Patent 98

Patent Government Designs Design 98

IPilogue

OCTOBER 25, 2021

Madelaine Lynch is an IP Intensive intern, an IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. Part 4: Filing for a Patent in Canada and Beyond. Part 5: Why Can’t I Talk About It, It’s My Invention? The US Provisional Patent. Stay tuned for the release of this article on Monday, October 25

Intellectual Property 106

Intellectual Property Patent Application Patent Reporting 106

LexBlog IP

SEPTEMBER 28, 2023

The Patent Cooperation Treaty (PCT) is an international treaty that makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single patent application. It is also possible to file the application with the International Bureau directly.

Patent Application 52

Patent Application Invention Patent Intellectual Property 52

Patently-O

MAY 25, 2023

2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide catheter used in interventional cardiology procedures. In an attempt to invalidate these patents, Medtronic launched a succession of Inter Partes Review (IPR) petitions. Patent 7,736,355 (“Itou”) could be regarded as prior art.

Invention 71

Invention Inventor Art Patent Application 71

SpicyIP

MARCH 29, 2024

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. Third, patentability of a method of agriculture- the issue of Section 3(h).

Invention 52

Invention Patent Application Patent Copying 52

Intepat

JANUARY 17, 2023

A patent specification is a disclosure to the public at large regarding the invention as well as the scope of protection that would be granted to the invention. It provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection.

Invention 52

Invention Patent Public Domain Inventor 52

Patent Trademark Blog

APRIL 14, 2022

A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. Basically, expect a utility patent application to be rejected at least once. How to respond to utility patent rejections.

Patent Application 52

Patent Application Patent Design Patent Art 52

Patent Trademark Blog

MAY 31, 2022

How can you procure international patent rights at lower costs? How can a PCT application save foreign patent costs? Most patent filers understand the international PCT application as a cost deferral mechanism that pushes back foreign filing deadlines. Don’t ignore the ISR.

Patent 52

Patent Art Invention Patent Application 52

Patent Trademark Blog

MARCH 6, 2024

Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Manufacturers and designers should pay particular attention to independent claims and the strategy of filing child applications.

Patent Application 52

Patent Application Patent Art Design Patent 52

Patent Trademark Blog

DECEMBER 2, 2022

Patent attorneys will sometimes use the term “straight continuation” to refer to a specific type of child application that stems from a parent patent application. A straight continuation is simply a child application that does not contain new matter. PCT), or an international design application.

Patent Application 98

Patent Application Editing Art Blogging 98

The IPKat

DECEMBER 31, 2021

The EPO has launched a user consultation on grace periods for patents, the results of which will be published in early 2022 ( EPO press release ). 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. 102(b)(1)(A) ).

Patent 131

Patent Inventor Patent Application Art 131

Patently-O

APRIL 10, 2024

Robinson, a neurosurgeon, invented a type of spinal implant. In 2009, Dr. Robinson and Spectrum (collectively “Plaintiffs”) hired law firm FisherBroyles to file patent applications for his inventions. patent application for the spinal implant in March 2013. FisherBroyles filed a provisional U.S.

Contracts 75

Contracts Law Inventor Patent Application 75

LexBlog IP

DECEMBER 15, 2023

The Patent Trial and Appeal Board (“PTAB” or “Board”) found that Allgenesis failed to show that Allgenesis’ PCT application anticipated claims 4 and 5 of the ’820 patent. The Federal Circuit relied on Best Medical International, Inc. Elekta Inc., 4th 1346 (Fed.

Marketing 52

Marketing Marketing Settlement Patent 52

Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

The Patent Cooperation Treaty (PCT) is an International Treaty with over 145 contracting states. The World Intellectual Property Organisation (WIPO) is responsible for administering PCT. The PCT protects the invention of the applicant in many countries. Filing International application.

Copying 52

Copying Invention Intellectual Property Inventor 52

Patent Trademark Blog

AUGUST 13, 2021

Is there a PCT strategy that will benefit your US national stage? The PCT application is more than something to push back deadlines. While the deferral benefits of a PCT application may be more well known, the PCT can be an effective tool to streamline national stage filings.

Art 74

Art Reporting Patent Prosecution Patent Application 74

Biswajit Sarkar Copyright Blog

NOVEMBER 20, 2023

Preparations are currently under way for the signing of a Memorandum of Understanding with the Eurasian Patent Organisation. The Eurasian Economic Commission applies the best practices gleaned while implementing international contacts within the framework of work on draft international treaties in the field of intellectual property.

Intellectual Property 52

Intellectual Property IP Contracts Registration 52

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). A patent is territorial in nature.

Patent 52

Patent Invention Patent Application Government 52

SpicyIP

NOVEMBER 28, 2023

Image from here [ This post has been co-authored with SpicyIP intern Sidhi Pramodh Rayudu with research assistance from Aadvika Anandal. Is “plurality of an invention” indispensable for maintaining a Divisional Application? Is “plurality of an invention” indispensable for maintaining a Divisional Application?

Invention 59

Invention Patent Application Patent Intellectual Property 59

Patent Trademark Blog

JULY 15, 2021

Can a PCT application be optimized for US national stage entry? PCT applications are typically filed in the country of the applicant or with International Bureau. For example, a Chinese applicant will likely have its PCT application written in Mandarin by a local China IP firm.

Art 40

Art Invention Reporting IP 40

SpicyIP

AUGUST 29, 2023

While we are working on a separate post, with comments on the different aspects of these suggested amendments, we are pleased to bring to you a post on the proposed changes to the prescribed timeline for the examination of a patent application. The post is authored by an extremely diligent SpicyIP intern Md.

Patent Prosecution 98

Patent Prosecution Patent Patent Application Reporting 98

LexBlog IP

JANUARY 17, 2023

Congress is using the UAIA to reduce barriers to patent system entry, such as the costs associated with filing and prosecuting patent applications as well as maintaining patents. Effective December 29, 2022, discounts related to patent costs for small and micro entities increased. Reductions in PCT Filing Fees.

Inventor 40

Inventor Patent Patent Application Invention 40

The IPKat

SEPTEMBER 23, 2022

MYLAN BV and SANDOZ BV One of the first patent cases decided in 2021 was an SPC case between MSD and Apotex, where the Brussels Enterprise Court had to decide whether an SPC could be granted for the combination of ezetimibe and simvastatin, even if a previous SPC had already been granted for ezetimibe alone based on the same patent.

Litigation 82

Litigation Law Patent Invention 82

Patent Trademark Blog

SEPTEMBER 28, 2022

If you filed any foreign patent applications, make sure to get the contact information of the foreign associate for each case. Find Out Which Patent Applications Are Related. For example, let’s say a pending US utility nonprovisional patent application is related to an international PCT application.

Patent 52

Patent Due Diligence Patent Application Art 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. One joint inventor cannot stop another from independently selling, conveying, assigning, or licensing the patent.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

SpicyIP

FEBRUARY 15, 2023

In Boehringer , the application was originally filed with claims for ‘method of treatment’ (using DPP-IV inhibitor Compounds) which were later amended to ‘product’ (comprising the same DPP-IV inhibitors). The amendment from ‘method’ to ‘product’ was rejected by the Patent Office and affirmed by the Court. 31, emphasis added].

Invention 98

Invention Patent Application Patent Patent Prosecution 98

LexBlog IP

SEPTEMBER 29, 2022

Chinese Utility models can provide an alternative to invention patents and supplement them too. Unlike invention patents, utility models are not examined. Most people incorrectly assume these “junk” patents are worthless because they are granted without any substantial examination.

Intellectual Property 52

Intellectual Property Invention Patent Application Art 52

Nelligan Law

SEPTEMBER 19, 2022

However, the new amendments to the Patent Rules introduce the concept of excess claims fees that become payable, at most, twice during prosecution; first, at the time of request for examination, and second at the time of paying issue fee. Requests for Continued Examination.

Patent 89

Patent Patent Prosecution Patent Application Intellectual Property 89

IP and Legal Filings

JUNE 27, 2022

The urgence for the same was felt due to refusal of foreign exhibitors to attend the International Exhibition of Inventions in Vienna, Austria, 1873, fearing that their ideas would be stolen and will further be exploited commercially in other nations. FUNDAMENTALS: The term ‘IPR’ became inclusive only after the twentieth century.

Intellectual Property 52

Intellectual Property Invention Public Domain IP 52

SpicyIP

JULY 13, 2023

Anshuman, a SpicyIP intern, is a third year law student at National Law University, Odisha.] As per the data in the 2021-22 IP Office Annual Report, a total of 66,440 applications were filed in India, which is 7,937 applications more than the last year’s filings (58,503). percent in PCT applications.

Reporting 95

Reporting Patent Cease and Desist IP 95

Canadian Intellectual Property Blog

AUGUST 23, 2023

On the patent side, the increase in the fees will be applicable to standard entity size. With respect to patent matters, this increase will not apply to businesses qualifying as a “small entity” under the Patent Rules. Thus, small entity patent applicants will only experience CIPO’s regular annual fee increase in 2024.

Intellectual Property 52

Intellectual Property Patent Application Intellectual Property Law Designs 52

LexBlog IP

JUNE 29, 2022

Changes to Canadian Patent Rules. Canadian Patent Office to implement new rules impacting fee structure for excess claims and RCE’s, PCT translations, and WIPO sequence listing standards. •File divisional applications requiring a request for examination.

Patent 52

Patent Intellectual Property Patent Prosecution Reporting 52

The IPKat

DECEMBER 28, 2021

As the year draws to a close, we also have news of a new referral to the EBA on the EPO's co-applicant approach to priority. Double-patenting ( G 4/19 ) Early in the year, the EBA issued its decision on the question of double patenting. However, this reasoning could not be said to apply to all cases of double-patenting.

Invention 67

Invention Publishing Patent Law 67

IP and Legal Filings

DECEMBER 22, 2021

Therefore, translations should always be done by professionals who understand the technology and can translate a document in a manner that is accurate and representative of the invention and claimed subject matter in context. With the Patent Translation, it’s more than just a Google Translation. Requirements in Multiple Jurisdictions.

Patent 77

Patent Contracts Patent Application Invention 77