SpicyIP

NOVEMBER 30, 2023

Patent applications are often filed as soon as a potential invention is noticed, while clinical trials take years to complete. The order thus seeks to put some order in the Indian patent prosecution scene, especially with regard to pharmaceutical products.

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Patent Prosecution Patent Application Invention Patent 72

Patently-O

FEBRUARY 10, 2023

The inequitable conduct claim was based upon a failure to provide material references to the USPTO as required under 37 CFR 1.56. Although not identical, the reference (Whittle – U.S. It also turns out that the same law firm – Cooley – represents GW-Pharma (the owner of the Whittle prior art) in patent prosecution.

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Copying Patent Prosecution Invention Art 93

LexBlog IP

DECEMBER 14, 2023

During the supplemental examination, Malvern cited seven office action documents from the ’782 patent prosecution in an IDS and introduced two declarations by the co-inventor Rochalski. Specifically, the Federal Circuit considered the plain and ordinary meaning of the term to a skilled artisan at the time of the invention.

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SpicyIP

APRIL 3, 2024

Concerns Expressed by the Delhi High Court As quick background, an appeal was filed by Man Trucks and Bus SA against the Controller’s order dated March 18, 202, rejecting its patent application for “Particle separator and method for separating particles of an exhaust stream of an internal combustion engine.”

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SpicyIP

JULY 13, 2023

One of the other main concerns raised by IPQC members is that, currently, the patent examination seems to be more biased in the favour of granting patents regardless of the merit of a particular invention. The Court in Microsoft Technology Licensing v. Things are similar in the case of SEPs too. For instance, in Intex v.

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Patently-O

AUGUST 22, 2023

Prosecution history estoppel limits the doctrine for claims amended or argued during patent prosecution. Specifically, the Court held that the doctrine must be applied to individual elements of a claim, not to the invention as a whole. Warner-Jenkinson Co. Hilton Davis Chemical Co. , Id, See also, Festo Corp. 722 (2002).

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SpicyIP

APRIL 10, 2024

Further, the Court held that even assuming the Controller’s decision was on merits, since the Court had undertaken an independent assessment of the suit patent’s validity, the Controller’s decision (referred to here as decision of “hierarchically lower Court”) cannot be cited to reverse the same.

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The IPKat

FEBRUARY 7, 2022

Draft version The requirement to amend the description of a European patent application in line with the scope of the claims is a peculiarity of European patent prosecution. of the Guidelines, which refers to description amendments, has been reworded slightly. emphasis added). Section F-IV, 4.3

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Invention Patent Application Patent Prosecution Patent 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.

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Intellectual Property Invention Patent Application Art 52

Kashishipr

NOVEMBER 24, 2021

One of such defenses is the doctrine of inequitable conduct, which is referred to as a breach of the duty of being honest or acting fraudulently in conduct while dealing with the Patent Office. Hence, inequitable conduct may occur, for example, if one bribes researchers to lie as to the original date of the invention.

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Patent Application Invention Patent Inventor 105

Patent Trademark Blog

APRIL 14, 2022

In other words, examiners will typically reject a utility patent for not being new or unique enough. Even if you think your invention is new, your utility patent app might get rejected for being obvious. Claim amendments may be required to refine your invention so that it’s not so broad. This involves a compromise.

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Patent Application Patent Design Patent Art 52

The IPKat

DECEMBER 26, 2021

A quirk of European patent prosecution is the requirement for the description to be amended in line with allowed claims. The Examiner argued that the description identified embodiments as being part of the invention which were not part of the invention as defined by the claims. in a doctrine of equivalents analysis).

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Invention Patent Application Patent Patent Prosecution 104

TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. A search may take a day or up to a week.

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Patent Application Patent Invention Patent Prosecution 52

The IPKat

SEPTEMBER 23, 2022

selected address issues such as SPC protection for combination products, double patenting, prosecution history estoppel and the influence of declarations made by the patentee in parallel proceedings, the possibility for national courts to request technical opinions from the EPO under Art. The decisions we (arbitrarily!)

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LexBlog IP

NOVEMBER 17, 2022

For example: Teaching Away Non-analogous art Level of Skill in the Art Evidentiary issues Flowery presentations on the Invention. Patent Owners will also spend hours in a deposition hoping to show that the technical background of its expert is somehow superior to that of the Petitioner’s.

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Patent Patent Prosecution Art Litigation 52

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. A cryptocurrency (e.g.,

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Technology Copying Invention Patent Prosecution 76

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 system. dissenting); id.

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Patent Intellectual Property Invention Inventor 102

The IPKat

DECEMBER 7, 2021

The worst of these patent trolls pick up low-quality patents and take advantage of asymmetries in the economics of litigation to make quick cash. The root source of this situation, according to Lederer, is the patent prosecution process. Start with the sheer volume of patent applications. Focusing on the U.S.,

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Patent Troll Patent Litigation Inventor 122

LexBlog IP

SEPTEMBER 9, 2021

Ask the inventor to explicitly describe why the invention is more than the expected sum of its parts. Clients often ask how much detail they need to provide when working with an attorney to draft a patent application for an invention that includes software. When drafting, include these details explicitly in the specification.

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SpicyIP

DECEMBER 27, 2021

To substantiate this, Natco argued that in parallel patent prosecution proceedings in the EU, US and Canada, the Eltrombopag patentee (GSK or Novartis) claimed EO as a part of Eltrombopag patent. . Natco then argued EO lacked an inventive step over Eltrombopeg patent and was obvious. Relying on Novartis v.

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Patent Art Patent Prosecution Litigation 105

SpicyIP

JULY 22, 2023

On page 4, the report stated that such a platform shall lead to, among other things, partnerships in ‘IP creation’ It states how various countries are using data and their associated IPs as a strategic asset for global dominance (refer to page 5). It is not clear what this refers to though. On page no.

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SpicyIP

DECEMBER 13, 2023

Patent Prosecution refers to the process whereby an applicant files an application before the Patent Office for the grant of a patent. This process necessarily consists of several steps to ensure that only ‘patentable’ inventions are granted protection.

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Patent Prosecution Patent Patent Application Intellectual Property 69

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Under the new guidelines, “hemp” refers to cannabis and its derivatives containing no more than 0.3% 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. THC from Schedule I.

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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]. With a few modifications, the FDA could employ similar claim construction as used by the United States Patent and Trademark Office. Background. products.” [xix]

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Patent Trademark Blog

FEBRUARY 15, 2023

How claim amendments lead to stronger patent arguments Before delving into patent arguments, we cannot ignore a key strategy that can make your arguments more persuasive. I’m now in my third decade of practicing patent law, and one reality has remained constant throughout my patent prosecution career.

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Patent Application Patent Art Invention 98

Patently-O

JANUARY 21, 2023

d)(1) with an “and” as follows: “The claim or claims must conform to the invention as set forth in the remainder of the specification, and the terms and phrases used in the claims must find clear support or and antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable by reference to the description?”

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Patently-O

FEBRUARY 13, 2024

The Appeal Brief: A Closer Look Sonos has now filed an appeal brief that challenges Judge Alsup’s decision on several grounds, emphasizing the fairness of their patent prosecution process and arguing against the application of prosecution laches.

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Patent Patent Prosecution Patent Law Marketing 98

Nelligan Law

SEPTEMBER 19, 2022

Reading Time: 3 minutes Key changes to patent prosecution in Canada will come into effect October 3, 2022. These changes will impact the patent prosecution process in Canada by introducing excess claims fees, requests for continued examinations and conditional notices of allowance. Requests for Continued Examination.

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Patent Patent Prosecution Patent Application Intellectual Property 89

LexBlog IP

SEPTEMBER 5, 2023

Unless overturned, this decision will significantly affect patent families that have patents with different expiration dates. This post explains some of the decision’s consequences and explores potential patent prosecution strategies. Eventually, the ’036 patent expired. Natco Pharma Ltd. ,

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Patent Patent Application Inventor Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Patent prosecution, portfolio, and strategic patenting considerations. Patents have contributed significantly to the advances in science and technology that make lithium-ion batteries more affordable and efficient today. Additionally, one should ask questions such as: where are the customers located?

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Intellectual Property Litigation Patent Prosecution IP 52

43(B)log

FEBRUARY 3, 2023

When does it refer to the origin of the design v. Claim construction is discouraged in design patent, in part for good reasons—doesn’t make much sense to translate into words when you can compare the two designs directly. Design patents aren’t patents. They lack almost all of the major features of utility patent.

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Designs Design Design Patent Branding 59

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. … The right to oppose the grant of a patent is just as sacrosanct as the right to seek grant of a patent.

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SpicyIP

JANUARY 2, 2022

Citing the agreement, the defendant requested the suit to be referred to an arbitration. The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable.

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IP Intellectual Property Copyright Trademark 143

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

IP includes any creation of the mind, including inventions, literary and artistic works, symbols, names, images, and designs, and various forms of IP protection cover these different categories. A comprehensive IP strategy must cover all bases – prosecution, enforcement, defense, and transactions.

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