Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?): According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements.

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Patent Law Law Patent Invention 125

IPilogue

SEPTEMBER 15, 2022

2021-2022 was a big year for the Osgoode’s mooting team entry for the USPTO National Patent Application Drafting Competition. We invite you to participate in the tryouts for the 2022-2023 National Patent Application Drafting Competition ! About the National Patent Application Drafting Competition.

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Patent Application Patent Patent Drafting Invention 81

Patently-O

MAY 18, 2023

The Patent Act requires that patent applicant describes the invention in explicit terms to enable any person skilled in the art to make and use the invention. Sanofi case, while significant, may not come as a surprise to those familiar with the evolution of patent law. ” The outcome of the Amgen v.

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Patent Law Law Patent Invention 120

Patently-O

DECEMBER 5, 2021

Crunch recently filed a utility patent application (February 2021) with the USPTO seeking to patent the following two claims: 1. He plans to sell a higher end model that includes displaying the bouncing-tempo on the screen and also energy-exerted (using movement-sensors in the rubber-bands or springs).

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Patent Law Law Patent Art 111

SpicyIP

AUGUST 1, 2021

Section 11 (b) read with Rule 24B of Patents Rules, 2003 concerning patent application exam stipulates a 48-month period from the date of priority or filing of patent application within which a request for examination of the application needs to be made. Easing such norms makes the process more accessible.

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Reporting Patent Law Patent Application Patent 136

JD Supra Law

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal…. In this decision, captioned In re: SurgiSil, L.L.P.

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Design Patent Designs Design Patent Law 98

IPilogue

OCTOBER 12, 2021

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! About the Patent Drafting Competition. The winner of each regional round will compete in the National Finals held at the United States Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia. .

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Patent Application Patent Drafting Patent Invention 78

LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. There is an old maxim in patent law, which states: “That which infringes if later, anticipates if earlier.” 2020-1940 (Oct. SurgiSil , at *3.

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Design Patent Designs Design Patent Law 52

Patently-O

JANUARY 20, 2023

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Are inventions described in works of science fiction patentable? It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. Guest post by Camilla A.

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Patent Law Law Inventor Patent 94

JD Supra Law

MARCH 21, 2023

The Patent Law of the People’s Republic of China (hereinafter referred to as the Chinese Patent Law), which came into force on June 1, 2021, has made some amendments to the sections concerning design patents, including the introduction of the partial design system and the national priority of design, and the extension of the duration of the design (..)

Design Patent 52

Design Patent Designs Design Patent Application 52

IPilogue

OCTOBER 21, 2021

This is a reminder that submissions to try out for the annual National Patent Application Drafting Competition (PDC) team are due on Friday, October 22 at 3pm ! About the Patent Drafting Competition. Team patent applications will be due on January 16, 2022.

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Patent Application Patent Drafting Patent Invention 81

The IPKat

AUGUST 16, 2021

In each of these jurisdictions, the question was whether the relevant patent laws may be interpreted as permitting an AI system (i.e. a machine/device) to be named as the inventor in a patent application. This leads back to how South Africa’s patent laws intends inventors to be named in the filing of patent applications.

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Inventor Patent Application Patent Invention 103

Patently-O

SEPTEMBER 6, 2022

government since 1863 (the “Lincoln Law”) and is designed as a mechanism for catching (and thus deterring) fraud against the Federal Government. The law incentivizes whistleblowing — non-governmental folks (known as “qui tam relators”) can file the action on behalf of the U.S. 3730(e)(4)(A) (2010).

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Patent Law Law Patent Prosecution Patent 60

JD Supra Law

JUNE 10, 2022

Patent protection in the European Union (EU) is expensive. An applicant may file a patent application in an individual country, but it is generally more efficient to file through the European Patent Office (EPO) when the applicant wants patent protection in multiple EU countries.

Patent Law 52

Patent Law Patent Law Patent Application 52

TraskBritt Intellectual Property

MAY 27, 2021

The cost savings of filing a provisional patent application without consulting a professional are certainly tempting. However, such a strategy may ultimately cost more in the long run, including possibly costing valuable patent protection. What is a Provisional Patent Application? Keep Trade Secrets Secret.

Patent Application 52

Patent Application Patent Invention Inventor 52

JD Supra Law

DECEMBER 11, 2023

Judgment Gist - According to the relevant provisions of the Patent Law, an invention-creation made by performing the tasks of the entity concerned or mainly using the material and technical conditions of the entity concerned is a service invention-creation; The right to apply for a patent for a service invention-creation belongs to that entity, which (..)

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Invention Patent Application Ownership Patent 69

LexBlog IP

JULY 31, 2023

AI and IP Law: Podcast with Yuri Eliezer by Yuri L. Eliezer AI and Intellectual Property Law An Insightful Discussion with Yuri Eliezer The intersection of Artificial Intelligence (AI) and Intellectual Property (IP) Law is becoming increasingly significant in the dynamic landscape of technology and innovation.

Law 52

Law IP Intellectual Property Intellectual Property Law 52

JD Supra Law

AUGUST 11, 2022

Patent and Trademark Office. David provides technical and practical insight into the application process starting with an inventor’s abstract idea, and ending with a formal patent application. By: Crowe & Dunlevy

Patent Law 52

Patent Law Intellectual Property Patent Patent Application 52

JD Supra Law

JANUARY 25, 2024

An AI system cannot be named as the inventor in a UK patent application – the inventor(s) must be human. Technical developments created by AI cannot be ‘inventions’ within the meaning of UK patent legislation. UK patent law does not allow patents to be granted in respect of inventions made autonomously by machines.

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Inventor Invention Patent Application Patent Law 67

JD Supra Law

NOVEMBER 21, 2023

As outlined in our previous post, on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications.

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Designs Design Design Patent Intellectual Property 64

Patent Trademark Blog

AUGUST 24, 2023

What are warning signs that may warrant a change in your US patent agent or law firm? When it comes USPTO patent prosecution, many factors are out of the control of your US patent agent or attorney. So it makes sense to focus on what is within a patent attorney’s control.

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Law IP Patent Application Patent 52

Selvam & Selvam Blog

NOVEMBER 17, 2022

In the Indian Patent system, an application for the grant of a patent is taken up for examination by the Indian Patent Office only when a request for examination of the application is filed. Who can file a request for an examination?

Patent Application 52

Patent Application Patent Invention Licensing 52

IAM Magazine

MARCH 8, 2023

Under the Greek Patent Law, European patent applicants can enjoy provisional protection against potential infringers, so long as they successfully carry out certain formalities and can justify that their request is sufficiently urgent.

Patent Application 87

Patent Application Patent Law Law Patent 87

Biswajit Sarkar Copyright Blog

SEPTEMBER 8, 2023

Following the same mission, the Indian Patent Office has taken a drive to dispose off the patent applications in a quicker way, provided all the procedures are properly attended by the applicant. In the way, an application was filed on 13/07/2022 for obtaining the patent protection for an Indian Applicant.

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Registration Patent Intellectual Property Patent Application 90

Intellectual Property Law Blog

FEBRUARY 25, 2021

However, due to recent changes in patent law, it is more important than ever to ensure that you analyze the patentability of blockchain inventions in light of these changes to target inventions likely to result in patents. For more information, view our Flipbook. Data as of January 30, 2021 at USPTO.gov.

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Patent Invention Patent Application Patent Law 130

JD Supra Law

APRIL 19, 2022

Over the past few years technology evangelist and inventor Stephen Thaler, together with the Artificial Inventor Project, has campaigned for patent law changes across jurisdictions to recognize artificial intelligence (AI) as an inventor on patent applications.

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Inventor Patent Application Patent Law Technology 97

LexBlog IP

MAY 31, 2023

patent law, an inventor is one who contributes to the conception of at least one claim element of a given patent claim (i.e., patent law. Patent law requires that a patent application list at least one human inventor. Patent Law requires all inventor(s) to be listed.

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Inventor Patent Application Invention Patent 40

Patently-O

JULY 10, 2022

The Federal Circuit has agreed that Kevin Correll’s 5-year suspension from patent law practice should move forward. Kevin Correll worked for the US Navy as an engineer, but also moonlighted for years as a solo patent attorney (prosecuting 211 patent applications). by Dennis Crouch. Vidal (Fed.

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Law Patent Application Government Patent 90

The IP Law Blog

FEBRUARY 29, 2024

LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea. Certain other categories are “patent-ineligible subject matter:” laws of nature, natural phenomena, and abstract ideas. 12/20/2023) 2023 U.S.

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Patent Patent Application Invention Advertising 111

Intellectual Property Law Blog

MARCH 13, 2024

The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

The IPKat

AUGUST 11, 2023

AI inventor case catch-up: Formalities, not patentability It is worth remembering that a patent application may be filed for any subject matter, provided the appropriate forms are filled in and the necessary fees paid. The patent applications have simply been refused for failing to satisfy the formal requirements of filing.

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Inventor Invention Law Ownership 52

JD Supra Law

MARCH 29, 2022

(Part 1 of a 4 Part Series) - The application of innovative data driven approaches such as bioinformatics and artificial intelligence to the life science sector has brought about a change in way that biological inventions can be protected by patent laws.

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Invention Patent Application Patent Law Business 95

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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Patently-O

APRIL 30, 2024

Services like All Prior Art are using AI to churn out and ‘publish’ many millions of generated texts, hoping some will preempt future patent applications. The Library of Babel for Prior Art: Using Artificial Intelligence to Mass Produce Prior Art in Patent Law, 74 Vand. See my 2014 post. 521 (2021).

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Art Invention Patent Application Publishing 109

IP Watchdog

AUGUST 10, 2021

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Not surprisingly, there were a number of patent applications filed that bridged the March 16, 2013 AIA effective date.

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Invention Inventor Patent Application Patent Law 124

Patent Trademark Blog

JANUARY 29, 2024

When should you file a patent application? Apply for a patent now or wait a bit? At what point will it be too late to file a patent application ? The best time to file a patent application is before you show your invention to the public or make any sales. Applying for patents is like running a race.

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Patent Application Patent Invention Inventor 52

IP Watchdog

AUGUST 8, 2022

The August 2019 announcement that two patent applications had been filed naming an artificial intelligence (AI) algorithm as an inventor in the United States and a dozen other countries was regarded as disruptive and profound at the time. It was one of the hot topics in patent law during those last few months before the pandemic.

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Non-Fungible Tokens Inventor Patent Application Patent Law 119