Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. See [link].

Patent Law 94

Patent Law Law Inventor Patent 94

The IPKat

AUGUST 16, 2021

Over to Konstantin for the story and his take on the developments: "Some may associate businesses whose primary aim is to assert patents in litigation to obtain license revenue with the Eastern District of Texas or the Unwired Planet decision in the UK, and not think about cases further afield from Marshall, Texas or London. Cue our story.

Patent Troll 86

Patent Troll Marketing Marketing Patent 86

Patently-O

OCTOBER 16, 2023

by Dennis Crouch Impact of Sonos on Patent Prosecution : The recent Sonos v. Google decision threatens to grind to a halt, or at least significantly restrict, a once-common patent prosecution strategy – keeping continuation applications pending for years to obtain new claims that cover marketplace developments. Sonos Inc. 6, 2023).

Patent 125

Patent Patent Prosecution Invention Inventor 125

LexBlog IP

DECEMBER 21, 2023

16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. Patent Nos. Patent Nos. Zenith Goldline Pharms.,

Patent Law 52

Patent Law Patent Law Art 52

SpicyIP

AUGUST 1, 2021

The Report focuses on reviewing the working of the Patents Act since its 2005 amendment that brought the Indian legislation in compliance with the TRIPS Agreement. A significant portion of the Report is dedicated to suggesting changes to the Patents Act, albeit without much justification on why these changes are needed.

Reporting 140

Reporting Patent Law Law Patent 140

Fish & Richardson Trademark & Copyright Thoughts

JULY 11, 2022

A key part of the patent landscape, the Orange Book provides a reference list of therapeutics that the Food and Drug Administration (FDA) has approved, making it convenient for physicians to find generic equivalents. A key part of the patent landscape, the Orange Book provides a reference list of therapeutics that the U.S.

Patent Law 90

Patent Law Patent Branding Brands 90

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

False Advertising 113

False Advertising Advertising Advertising Patent 113

LexBlog IP

NOVEMBER 16, 2021

announced that China’s National Medical Products Administration has accepted the marketing authorization application for BAT1806, a biosimilar of Roche’s Actemra ® (tocilizumab), which is a recombinant humanized monoclonal antibody targeting the interleukin-6 receptor (IL-6R). certifications with respect to these patents.

Patent Law 52

Patent Law Law Patent Marketing 52

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Patents are important and powerful tools that provide safeguards to biotechnicians and help them. What is patent? A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application.

Patent 92

Patent Inventor Invention Intellectual Property 92

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). An important change brought about by the Regulations that may affect every PRC patent practitioner is the abandonment of the 15-day postal rule. This therefore concludes this fourth round of amendment to the PRC Patent Law.

Patent 52

Patent Invention Patent Law Designs 52

IPilogue

OCTOBER 14, 2022

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. In the latest development in the global patent wars between Google and Sonos, Google has sued Sonos, having filed two suits in the United States District Court for the Northern District of California on August 8, 2022.

Patent Infringement 106

Patent Infringement Patent Technology Patent Law 106

Intepat

MAY 4, 2023

While one aims to regulate and ensure that markets operate efficiently in a fair and competitive manner, the other aims to grant a certain level of protection which may be considered to have monopolistic tendencies. Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence.

Law 52

Law Patent Settlement Inventor 52

The IPKat

JANUARY 23, 2024

Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. Patent Portfolio Management, A Practical Guide, by Ho Frattasi. The Proportionality Test in European Patent Law, by Léon Dijkman. •

Intellectual Property 133

Intellectual Property Intellectual Property Law Moral Rights Editing 133

Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. While one confers rights on inventors to encourage innovation, the other aims to eradicate monopolistic practices and encourages healthy competition in the market.

Patent 52

Patent Licensing Intellectual Property Technology 52

Biswajit Sarkar Copyright Blog

SEPTEMBER 25, 2023

What is invented through biotechnological processes must be protected through patent protection lest a third person misuses the same. SCOPE FOR PATENT PROTECTION: The growth of patents in biotechnology has been remarkable in recent decades, driven by several key factors that reflect the increasing importance and complexity of this field.

Invention 59

Invention Patent Intellectual Property Technology 59

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 10, 2020

On October 17, China’s National People’s Congress (NPC) formally adopted a revised patent law that makes significant changes to that country’s legal framework for pharmaceutical patents. signed in January that aimed to incorporate aspects of American patent law into the Chinese legal system.

Patent Law 67

Patent Law Law Patent Prosecution Patent 67

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

The IPKat

MARCH 26, 2023

The IPKat has received and is pleased to host a guest contribution by Daria Bohatchuk (University of Basel) on the upcoming Swiss patent reform. Here’s what Daria writes: Expected introduction of a full patent examination in Switzerland: Opportunity or burden? 59 (4) of the Patents Act, Botschaft , 11, 12).

Patent 134

Patent Patent Application Invention Intellectual Property 134

The IP Law Blog

MARCH 30, 2023

The United States Patent and Trademark Office (“USPTO”) has reduced the patent fees for small businesses and certain other applicants. This fee reduction is part of an effort to reduce financial burdens and resulting barriers that discourage or prevent these entities from participating in the patent system.

Business 98

Business Inventor Patent Licensing 98

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. 11, 2023 (claiming that various products were “patented”). patent, which it did not receive until” later.

False Advertising 59

False Advertising Advertising Advertising Patent 59

Patently-O

APRIL 14, 2024

by Dennis Crouch The Federal Circuit’s August 2023 decision in In re Cellect, LLC has set-up a significant question regarding the interplay between the patent term adjustment (PTA) statute, 35 U.S.C. § 154(b), and the judicially-created doctrine of obviousness-type double patenting (OTDP).

Patent 44

Patent Invention Art Patent Law 44

LexBlog IP

MAY 10, 2022

China’s Patent Linkage System. This case is China’s first patent linkability case since the implementation of the new Chinese Patent Law. Patent linkability refers to a newly implemented system of Article 76 of the Patent Law of the People’s Republic of China. Patent Attorney.

Intellectual Property 52

Intellectual Property Patent Marketing Marketing 52

Patently-O

NOVEMBER 25, 2022

Happy Thanksgiving to Patently-O readers out there — new and old! If you are shopping for holiday gifts for the patent attorney in your life (or perhaps self-indulging), here are a few gift ideas. Any real patent law firm will have a few of these always skirting around. Patent Art. Dyson Airwrap.

Patent 73

Patent Art Branding Brands 73

The IPKat

MARCH 2, 2022

While personalized medicine seems to be an essential of modern healthcare, it is also rather unclear how innovations that are developed for its purposes align with patentability requirements and, in general, the way the patent system operates. He teaches European, U.S

Intellectual Property 95

Intellectual Property Intellectual Property Law IP Patent Law 95

SpicyIP

NOVEMBER 8, 2023

Market dynamics in the health and innovation space are making the biotech and life sciences sector an industry to watch out for. Since living cells and products of nature are often involved in these inventions, clarity regarding patent eligibility is becoming more important. [This post has been co-authored with Rahul Bajaj.

Invention 69

Invention Patent Art Patent Law 69

Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Design Patent Infringement vs. Trademark Infringement The standards for proving design patent infringement and trademark infringement differ significantly regarding the relevance of consumer confusion about product source.

Design Patent 70

Design Patent Patent Infringement Designs Design 70

Patent Trademark Blog

JUNE 15, 2023

Do patents matter? Some say patents are worthless. Others say patents matter. If patents were truly worthless, I would not have a job so my opinion is not unbiased. Let’s explore the reasonings behind these opposing arguments on whether a patent is worth the money. Thinking of filing a patent?

Design Patent 52

Design Patent Patent Patent Application Designs 52

Patently-O

AUGUST 1, 2023

by Dennis Crouch The law of appellate jurisdiction routes almost every patent appeal to the Court of Appeals for the Federal Circuit. patent laws. SAP responded with denials and also added patent infringement counterclaims. This result is by design to ensure more national uniformity in application of the U.S.

Patent 52

Patent Patent Infringement Patent Law Litigation 52

SpicyIP

FEBRUARY 23, 2023

Efforts were made to commercialise this innovation – re-designing to lower costs, a patent was filed, licensing and royalty sharing agreements were entered into, but mostly in vain, at least in India. Patents or external awards/recognition do not always result in marketable products. Has Sawhney filed a patent?

Marketing 126

Marketing Marketing Invention Patent 126

LexBlog IP

MAY 10, 2022

Abnormal patents in china. ” The crackdown follows years of criticism that the Chinese patent system was being abused by “patent trolls” who filed frivolous lawsuits or submitted low-quality applications in order to extort money from companies. million filings, or roughly 15% of submissions that year.

Patent 52

Patent Intellectual Property Patent Application Patent Troll 52

The IPKat

DECEMBER 23, 2023

The other two chapters turn to the conceptualisation of nature in patent law. In 'Denaturing Bacteria', Daniel Schneider discusses the controversy over the patenting of biological sewage treatment and questions of the public interest. Like many contributions in this volume, the chapter draws on a wealth of archival materials.

Intellectual Property 73

Intellectual Property Designs Design Intellectual Property Law 73

SpicyIP

OCTOBER 7, 2023

We highlighted the following problems, (i) Over-Declaration and Supra-FRAND rates by SEP holders, (ii) Patent Hold-Out by Implementers, (iii) Difficulties in setting Global FRAND rates by national courts, (iv) Informational imbalances between negotiating parties, and (v) lack of awareness about nuances of SEP/ FRAND.

Licensing 105

Licensing Litigation Technology Patent 105

Garrigues Blog

NOVEMBER 8, 2022

Under the European Patent Convention (EPC) and national patent regulations in the countries that adhere to the Convention, which include Spain, an invention is patentable if it fulfills, among other requirements, the inventive step requirement ( article 54(1), (2) EPC and article 4(1) of Patents Law 24/2015 ).

Patent 52

Patent Invention Patent Application Inventor 52

IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

Patent 52

Patent Invention Inventor Technology 52

LexBlog IP

MARCH 5, 2023

Nu Tsai Capital, LLC, [2023-1146] (February 17, 2023), the Federal Circuit vacated a preliminary injunction against Lite-Netics patent-related speech, holding that the district court abused its discretion. Lite-Netics owns multiple patents on magnetic holiday string lights. Patent Nos.

Patent Infringement 52

Patent Infringement Patent Litigation Intellectual Property Law 52

Patent Trademark Blog

DECEMBER 8, 2021

Why do patent grace periods matter? Procrastinating can be an unforgiveable offense when it comes to patenting. Nearly every country has a timing requirement for filing patents. Tardiness can lead to an irrevocable loss of patent rights. Are there any patent grace periods that might give inventors more time to file?

Inventor 40

Inventor Patent Invention Patent Application 40

Patently-O

AUGUST 19, 2022

In 2018, Eagle filed its Abbreviated New Drug Application (ANDA) with the FDA seeking to market a generic version of Par’s vasopressin injection product (Vasostrict) used for emergency blood pressure treatment. Both Par patents include a pH requirement: “wherein the unit dosage form has a pH of 3.7-3.9.” 35 U.S.C. §

Branding 87

Branding Brands Branding Marketing 87