IP Watchdog

OCTOBER 11, 2021

Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that a design for a rolled-paper art tool for blending anticipated Surgisil’s (Applicant) claimed lip implant. In re Surgisil, L.L.P., 2020-1940, 2021 WL 4515275 (Fed.

Patent Application 70

Patent Application Patent Prosecution Art Patent 70

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. can significantly complicate the coordination of a global patent strategy. PDF copy available.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. She has been working in the field of access to medicines, patents and IP for more than a decade.

Patent 72

Patent Patent Application Intellectual Property Law 72

SpicyIP

NOVEMBER 30, 2023

The nuances of Section 3(d) continue to plague and please litigants, depending on which side of it they end up falling. Patent applications are often filed as soon as a potential invention is noticed, while clinical trials take years to complete.

Patent Prosecution 72

Patent Prosecution Patent Application Invention Patent 72

The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject? Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

Patent Troll 122

Patent Troll Patent Litigation Inventor 122

Patently-O

FEBRUARY 6, 2022

Recent Headlines in the IP World: Kate O’Flaherty: Apple Patent Hints At Ground-Breaking New AirPods Feature (Source: Forbes). Ben Lovejoy: Ericsson Trying to Ban Reselling in Brazil; Apple Tries to Invalidate Ericsson Patents (Source: 9to5 Mac). Billion Caltech Patent Case (Source: Reuters). Crowell & Moring LLP.

Patent 51

Patent Patent Prosecution Journalism Intellectual Property 51

Patently-O

SEPTEMBER 6, 2022

Zachary Silbersher is a NY Patent Attorney. The allegation was that Allergan fraudulently obtained patents covering Alzheimer’s drug treatments with the result of inflated Medicare drug prices. Here, the basis of Silbersher claim stem from the prosecution history files of the Allergan patent applications.

Patent Law 60

Patent Law Law Patent Prosecution Patent 60

The IP Law Blog

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

Law 109

Law Patent Invention Intellectual Property 109

IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. This milestone comes during a particularly prolific period for design patents. In 2022 alone, the USPTO received more than 50,000 design patent applications.

Design Patent 57

Design Patent Designs Design Patent 57

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. Berkheimer, No.

Patent 102

Patent Intellectual Property Invention Inventor 102

SpicyIP

APRIL 3, 2024

Over the course of the last 2 years, we have seen High Courts remand numerous orders (read: reject) to the Indian Patent Office for reconsideration. Controller of Patents is the latest addition in this list of remands on the above grounds. The authors would like to acknowledge an anonymous reader for sharing this development with us.

Patent 45

Patent Art Invention Patent Prosecution 45

Fish & Richardson Trademark & Copyright Thoughts

MAY 27, 2021

Fish & Richardson is proud to announce that six of its attorneys were named recipients of the Pro Bono Achievement Certificate by the United States Patent and Trademark Office (USPTO). This recognition acknowledges those law firms and attorneys who help make the Patent Pro Bono Program a success. Jacqueline Tio – Georgia PATENTS.

Due Diligence 52

Due Diligence Inventor Patent Patent Prosecution 52

SpicyIP

APRIL 10, 2024

Image from here Refuse: (1) to vacate an interim injunction, (2) to remand back to the patent office, and (3) to continue allowance of a patent grant! 2 major concerns stand out here- first, it must be noted that the validity of the suit patent was upheld after a “prima facie” assessment by the Court in the January 2023 order.

Patent 45

Patent Cease and Desist Invention Art 45

SpicyIP

JULY 13, 2023

Image from here Issues related to patent quality are pressing and worrying, even a standard measure of monitoring patent quality has been difficult. Of late, even in the EU, there has been an increased focus on the quality of patents in response to the rise of business models centered around patent litigation.

Patent Application 95

Patent Application Invention Designs Design 95

IP Watchdog

SEPTEMBER 9, 2022

Inventor Gilbert Hyatt, who has been embroiled in litigation with the United States Patent and Trademark Office (USPTO) for decades, lost his latest case at the U.S. Patent Application No. Patent Application No. patent term to 20 years from the effective filing date, took effect on June 8, 1995.

Patent Application 67

Patent Application Inventor Litigation Patent 67

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Courts.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 109

Patent Application Patent Trademark Patent Prosecution 109

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 23, 2022

Mok is a principal in Fish’s New York office and focuses his practice on IP litigation and counseling for domestic and international companies. Her practice focuses primarily on patent litigation, and she has experience litigating patents in the fields of biotechnology, medical devices, financial services, and computer software.

Patent Prosecution 52

Patent Prosecution Litigation Designs Design 52

Patently-O

NOVEMBER 16, 2023

” For folks fighting through eligibility cases these days, the biggest concern is no longer unpredictability, but that the law has pushed too far against patentability. Most of the patents that have been invalidated were those applied-for prior to the Supreme Court’s radical change in eligibility law.

Patent Prosecution 48

Patent Prosecution Patent Application Law Patent 48

SpicyIP

DECEMBER 27, 2021

The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Drug and the patent. The EO patent bears the number IN 233161 (IN 161).

Patent 105

Patent Art Patent Prosecution Litigation 105

IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

Inventor 128

Inventor Patent Application Invention Patent 128

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

LexBlog IP

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” § 101. §101. .”

Law 52

Law Invention Patent Intellectual Property 52

LexBlog IP

MARCH 17, 2022

Although there is no legal requirement for a company to obtain an FTO opinion before taking a new product, process, or service to market, obtaining one can be very beneficial as a preemptive measure to aid in defending a company in patent litigation against assertions of willful infringement and exposure to treble damages.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution Marketing 52

IP Watchdog

SEPTEMBER 22, 2021

The England and Wales Court of Appeal has upheld lower rulings that two patent applications designating an artificial intelligence called DABUS as the inventor were deemed to be withdrawn. Thaler v Comptroller General of Patents Trade Marks And Designs [2021] EWCA Civ 1374.)

Inventor 97

Inventor Patent Application Designs Design 97

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Patents and the Magical World of Psychedelics by Bonnie Hassanzadeh. Introducing the College of Patent Agents & Trademark Agents. First Time Interpreting Patent Agent Privilege. David Vaver.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Canadian Intellectual Property Blog

FEBRUARY 16, 2021

of the Patent Act has brought about a significant shift in the Canadian approach to file wrapper estoppel by enabling the introduction of a patent’s prosecution history during claim construction. However, whether the prosecution history of a foreign application can ever be considered pursuant to section 53.1

Patent Prosecution 52

Patent Prosecution Intellectual Property Intellectual Property Law Patent 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

The United States Patent and Trademark Office (USPTO) typically rejects cannabis trademark applications on one or more of the following legal grounds: The Controlled Substances Act , which prohibits the manufacture and distribution of cannabis products containing more than 0.3% Patent Prosecution. Patent Litigation.

IP 52

IP Registration Trademark Branding 52

Patently-O

MARCH 13, 2022

Recent Headlines in the IP World: Blake Brittain: Patent Judge Leaves U.S. Angus Liu : Roche Settles Lawsuit Claiming AstraZeneca’s Ultomiris Infringes Delivery Patent (Source: Fierce Pharma). Solomon Israel: Court Tosses Canopy Cannabis Patent Infringement Lawsuit Against GW Pharma (Source: MJ Biz Daily). Source: USPTO.

Patent Prosecution 67

Patent Prosecution Intellectual Property Patent Journalism 67

SpicyIP

FEBRUARY 15, 2023

the Controller of Patents. The ratio set by them are so diverse that, in an adversarial proceeding such as patent prosecution or litigation, the opposite parties may pick their respective chosen or desired positions based on any of them, and no clear conclusion could be arrived at. 31, emphasis added].

Invention 98

Invention Patent Application Patent Patent Prosecution 98

SpicyIP

JANUARY 18, 2023

As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Views expressed in the post are his own.

Patent Application 141

Patent Application Reporting Public Domain Patent 141

Patently-O

NOVEMBER 6, 2023

Part of the issue here is that most Federal Circuit judges have construed thousands of patents and are deeply immersed in the law of claim construction — while most district court judges see claim construction as a small part of a patent case, which itself is a small part of their overall docket. Patent Nos. 0.1, ± 0.01

Patent Application 67

Patent Application Patent Prosecution Patent Inventor 67

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

With the spike in economic growth in the battery and electric vehicle (EV) industries, the IP world is seeing a commensurate spike in battery patenting activity. With these technical advances comes an increase in legal activity, including intellectual property (IP) filings and litigation. Fish principals Hyun Jin (HJ) In, Ph.D.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution IP 52

SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Hons) student at Hidayatullah National Law University, Raipur.

IP 59

IP Trademark Advertising Advertising 59