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. Controller of Patents. The order, though brief in size (12 pages), is a minefield both in facts and law as it packs three interesting elements. Let’s dive in.

Invention 52

Invention Patent Application Patent Copying 52

Patently-O

APRIL 10, 2024

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. It then filed a PCT application and a non-provisional U.S. application in March 2014 that issued in 2018.

Contracts 75

Contracts Law Inventor Patent Application 75

Patent Trademark Blog

DECEMBER 13, 2022

Patent prosecution refers to the writing, filing and handling of patent applications. It encompasses the patent examination process from initial filing to the grant, including all the back-and-forth responses with the USPTO. Prosecuting a patent application includes the following: drafting patent application.

Patent Prosecution 98

Patent Prosecution Patent Patent Application Litigation 98

Intellectual Property Law Blog

NOVEMBER 22, 2021

Under PPH, prosecution of a patent application previously filed with a participating patent office can be fast-tracked in another participating patent office if the patent application meets certain requirements. In contrast, an average time to prosecute non-PPH patent applications is approximately 22.7

Patent Prosecution 246

Patent Prosecution Patent Patent Application Copying 246

Intellectual Property Law Blog

JANUARY 24, 2022

Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. Under this approach, an examiner will identify all applicable grounds for objections and rejections in each Office Action. An applicant is required to address all these objections and rejections in one response.

Patent Prosecution 246

Patent Prosecution Patent Application Government Patent 246

The IPKat

SEPTEMBER 23, 2022

As already commented in our previous case law review ( here ), the Court eventually circumvented this question, considering that in any event the combination of ezetimibe and simvastatin satisfied the requirement of “core inventive advance”. EP’214 was issued based on a divisional patent application.

Litigation 82

Litigation Law Patent Invention 82

JD Supra Law

FEBRUARY 9, 2022

Just about anywhere in the world is where one may claim a patent with an international PCT patent application. There are, after all, 154 countries bound by the Patent Cooperation Treaty (PCT). But almost no one, except well-heeled pharmaceutical companies, files in every last one.

Patent Application 52

Patent Application Patent 52

Intellectual Property Law Blog

JANUARY 24, 2022

Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. Under this approach, an examiner will identify all applicable grounds for objections and rejections in each Office Action. An applicant is required to address all these objections and rejections in one response.

Patent Prosecution 130

Patent Prosecution Patent Application Government Patent 130

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

JD Supra Law

APRIL 29, 2022

The European Patent Office has published a decision that the new WIPO Standard ST.26 European patent applications or international applications that disclose nucleotide and/or amino acid sequences and are filed on or after July 1, 2022, must include a sequence listing as part of the description, in compliance with the new WIPO Standard ST.26

Patent Application 52

Patent Application Patent Publishing 52

The IPKat

DECEMBER 31, 2021

Legal Background: Grace Periods According to Article 54 EPC , the state of the art for determining novelty constitutes everything that was made available to the public before the priority date of the patent application, regardless of whether the applicant/inventor was responsible for the publication. 102(b)(1)(A) ).

Patent 131

Patent Inventor Patent Application Art 131

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

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

Nelligan Law

SEPTEMBER 19, 2022

Reading Time: 3 minutes Key changes to patent prosecution in Canada will come into effect October 3, 2022. Nelligan Law is grateful for the contribution of articling student Nailah Ramsoomair in writing this blog post.

Patent 89

Patent Patent Prosecution Patent Application Intellectual Property 89

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

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

AUGUST 1, 2023

Priority claims for IP rights allow obtaining an earlier priority date for an IP application based on an earlier IP application in another country. 2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa.

IP 52

IP Art Designs Design 52

Patent Trademark Blog

JANUARY 12, 2023

As of January 10, 2023, the total number of US patents I have obtained for clients is 695. Number of US Patents by Patent Attorney Vic Lin. That total includes both utility and design patents in the US. Of course, this total does not include all the international and foreign patents I’ve handled.

Patent 98

Patent Patent Application Registration IP 98

Patent Trademark Blog

JUNE 8, 2023

Need a new patent attorney? What are some excuses that do not justify changing your patent lawyer? The patent application process is inherently challenging. treats the procurement and enforcement of patents, so certain things may simply be out of your patent lawyer’s control.

Patent 52

Patent Patent Application Cease and Desist Trademark 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

The IPKat

DECEMBER 28, 2021

2021 has been year brimmed full with juicy case law from the Enlarged Board of Appeal (EBA). This year also saw release of the EBA decision on double-patenting and a new referral on the thorny issue of plausibility and post-published evidence. However, this reasoning could not be said to apply to all cases of double-patenting.

Invention 67

Invention Publishing Patent Law 67

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. Under the Paris Convention and the PCT, whoever files an application is called the applicant.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

IP and Legal Filings

DECEMBER 22, 2021

The Patent Translation if done badly can be costly for the applicant. If the patent claims are translated in a wrong manner, then there are chances that the claims might get narrowed or even get broadened. Undoubtedly the patent translation is a costly process and the cost comes up with its significance. Also in 35 U.S.C.

Patent 77

Patent Contracts Patent Application Invention 77

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. Hons) student at Hidayatullah National Law University, Raipur. Hons) at NALSAR University of Law, Hyderabad. ] Hons) at NALSAR University of Law, Hyderabad. ] Sidhi is a final year B.A.

Invention 59

Invention Patent Application Patent Intellectual Property 59

Patently-O

MAY 25, 2023

Patent 7,736,355 (“Itou”) could be regarded as prior art. In a split decision, the Federal Circuit confirmed the Board’s decision, establishing that the first-to-invent law from before the America Invents Act (AIA) allowed Teleflex to antedate the prior art by demonstrating prior invention. ” Dissent.

Invention 71

Invention Inventor Art Patent Application 71

SpicyIP

JULY 23, 2023

We also came across interesting orders from different high courts, notably the Delhi High Court decision on RX Prime and Canva’s patent infringement dispute and two orders on visual similarity between the competing marks. This post is co-authored with SpicyIP intern Abhijeet Audichya. f) of the PCT Regulations.

Trademark 98

Trademark IP Higher Education Moral Rights 98

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

SpicyIP

AUGUST 14, 2023

Mathews discussed the Delhi High Court’s order directing for strict interpretation of the PCT timelines while filing the national phase applications. Other Posts Timelines under Rule 138 of Patent Rules are to be interpreted strictly and there cannot be any leeway under Rule 49.6 Modern Foods v.

Trademark 98

Trademark Registration Art Reporting 98

LexBlog IP

SEPTEMBER 29, 2022

However, utility models can be more stable and enforceable than invention patents in certain circumstances when properly used. Often, international entities, especially in North America and Europe, where utility model systems are unavailable, underestimate the additional value added to their portfolio by utility models.

Intellectual Property 52

Intellectual Property Invention Patent Application Art 52

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

Garrigues Blog

APRIL 27, 2021

Today, April 27, is International Design Day, an event, which seeks to recognize the value of design in society and business. Indeed, the judgment addresses in particular, the link between a patent’s priority rights and its extension to the priority rights applicable to designs. What was the applicant’s intention?

Designs 52

Designs Design Patent Application Intellectual Property 52

Patent Trademark Blog

MARCH 18, 2022

Failure to renew a trademark registration can lead to a canceled registration, but the owner may still have common law rights by continually using the mark. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable. Keep in mind that patents must be registered in order to be protectable.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

LexBlog IP

AUGUST 1, 2021

As I recently (tentatively) predicted, on Friday 30 July 2021 Justice Beach in the Federal Court of Australia handed down a judgment giving Australia the dubious honour of becoming the first country in the world to legally recognise a non-human as a valid inventor on a patent application: Thaler v Commissioner of Patents [2021] FCA 879.

Inventor 52

Inventor Invention Patent Application Intellectual Property 52

IP and Legal Filings

JUNE 15, 2023

Patent laws fail to protect traditional knowledge as it does not recognise generation innovation. Further, while patent and copyright have strict brackets on what it pertains to, many forms of traditional knowledge may not strictly conform to it. There could be alternative and arguably better alternatives for the same.

Ownership 82

Ownership Privacy Public Domain Copyright 82

Intepat

JANUARY 17, 2023

It provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection. It is a crucial techno-legal document constituted by scientific and technical disclosures which designate the basis of the rights of a patent. Complete Specification.

Invention 52

Invention Patent Public Domain Inventor 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

But the lithium-ion battery has now expanded far beyond the consumer electronics industry, sparking a gold rush of research and development aimed at producing lower-cost, higher-performance batteries that can be used in a wider range of applications.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52