LexBlog IP

APRIL 11, 2023

To evaluate the capabilities of Generative AI, we selected the USPTO’s recent announcement about grants of digital patents as a topic, and compared a blog that we prepared and a blog that Generative AI (here, Google Bard) prepared. A sample of this new eGrant patent is available here. ’’ 35 U.S.C. § § 120.

Inventor 52

Inventor Copying Blogging Patent Application 52

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

Information and statements” may include, among other items, information that “refutes, or is inconsistent with, a position that the applicant takes in” either “opposing an argument of unpatentability relied on by the Office” or “asserting an argument of patentability.”. the party has a duty to submit the information to the USPTO.”.

Patent Prosecution 76

Patent Prosecution Due Diligence Reporting Inventor 76

Patently-O

OCTOBER 11, 2021

US Inventor Inc. In February 2021, US Inventor and others collectively sued the USPTO asking the court to order the USPTO to issue rulemaking regarding discretionary considerations at the institution stage of AIA Trials. In other words, the patent laws are integral to the lawsuit. by Dennis Crouch. Hirshfeld , No.

Inventor 79

Inventor Patent Law Law Patent 79

Larson & Larson

JUNE 1, 2021

It can make you want to tear your hair out if your patent gets rejected, but that won’t help you achieve your dreams. Another step is asking for an interview with the patent examiner to get an explanation. . Some common reasons for rejection include obviousness, lack of novelty, and a lack of patentability.

Patent 52

Patent Public Domain Inventor Invention 52

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. Improve PTAB rules to protect inventors from costly, unnecessary litigation. Improve PTAB rules to protect inventors from costly, unnecessary litigation.

Patent 52

Patent Litigation Business Patent Infringement 52

LexBlog IP

SEPTEMBER 9, 2022

On July 29th, 2022, the current director of the United States Patent and Trademark Office (USPTO), Katherine Vidal, published a notice in the federal register regarding the duty of disclosure before the patent office. For reexamination proceedings, “each individual” associated with the patent owner has a duty of disclosure.

Government 52

Government Intellectual Property Marketing Marketing 52

The IPKat

JANUARY 9, 2022

Over to Adam : "Patents and Technology: Perspective, Truth, and Change WIPO’s Deputy Director-General of Patents & Technology, Ms. Jorgenson also discussed how COVID-19 affected WIPO and the Patent Cooperation Treaty (PCT) system. expungement and reexamination) would “greatly impact” trademark practice.

Reporting 57

Reporting Law IP Patent 57

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. media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-63579507143ea2268{display:

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 52

Intellectual Property Law Blog

OCTOBER 24, 2023

This case addresses how Patent Term Adjustment (PTA) interacts with obviousness-type double patenting (ODP). for infringement of four patents. Subsequently, Samsung requested four ex parte reexaminations asserting that the patents were unpatentable based on ODP, which was not raised by the examiner during prosecution.

Designs 147

Designs Design Patent Inventor 147

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 7, 2021

In the August 2021 edition of our monthly Texas Patent Litigation Monthly Wrap-Up, we cover a case concerning the doctrine of prosecution laches. 2021), the Personalized Media court held that the asserted patent U.S. 8,191,091 (the “’091 Patent”) is unenforceable under the doctrine of prosecution laches. Patent Nos.

Litigation 52

Litigation Patent Patent Application Technology 52

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?

Patent 52

Patent Invention Inventor Patent Application 52

LexBlog IP

JUNE 22, 2023

Also yesterday, some of the very same senators introduced the Patent Eligibility Restoration Act of 2023. The co-introduction of these bills suggests a plan to drive compromise on patent eligibility. Tech industry than the liberalized 101 standard of the Patent Eligibility Restoration Act. Senators Chris Coons (D-Del.),Thom

Settlement 52

Settlement Litigation Patent Art 52

LexBlog IP

OCTOBER 24, 2023

This case addresses how Patent Term Adjustment (PTA) interacts with obviousness-type double patenting (ODP). for infringement of four patents. Subsequently, Samsung requested four ex parte reexaminations asserting that the patents were unpatentable based on ODP, which was not raised by the examiner during prosecution.

Designs 52

Designs Design Patent Inventor 52

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).

Litigation 52

Litigation Ownership Patent Inventor 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.

Patent 52

Patent Patent Application Inventor Intellectual Property 52

Patently-O

AUGUST 28, 2023

28, 2023) regarding how Patent Term Adjustment (PTA) interacts with terminal disclaimers and obviousness-type double patenting (ODP). This case establishes binding precedent that a terminal disclaimer cuts off any extended patent term granted through PTA. Thus, PTE extends beyond a disclaimed term, while PTA does not.

Patent 52

Patent Invention Ownership Inventor 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

10 YEARS AFTER THE AMERICA INVENTS ACT (AIA), THE PATENT TRIAL AND APPEAL BOARD (PTAB) ENDURES. 1] Nevertheless, the PTAB remains the most active forum for patent disputes nationwide, handling significantly more matters in 2021 than both the Eastern and Western Districts of Texas and the District of Delaware. [2]. 1970 (2021).

Reporting 52

Reporting Art Invention Patent 52

LexBlog IP

JANUARY 5, 2022

We will start with patents and copyrights because they have constitutional grounding in Article 1, Section 8 : [The Congress shall have power t]o promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. 14 Landslide 30 (No.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

LexBlog IP

APRIL 24, 2023

Patent Owner disclosure on relationships for 314(a) consideration? The Patent Owner disclosure requirement to argue 314(a) will not be popular. That said, if you are trying to argue district court litigation is better for patent policy than the PTAB, you should put all of your cards on the table. Separate 314(a) briefing?

Settlement 52

Settlement Litigation Patent Business 52