All About Provisional Patent Applications

Kashishipr

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. What is a Provisional Patent Application?

[Video] Monthly Minute | Provisional Patent Applications

JD Supra Law

This month, Partner Richard Goldstucker discusses provisional patent applications. Once a month, we cover an interesting topic in 60 seconds. By: Kilpatrick Townsend & Stockton LLP

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When and Where to File Patent Applications

JD Supra Law

Excerpt: "In general, a patent is only valid in the country (or, in some cases, countries) where the patent office that issued it has responsibility.

Types of Patent Applications

Biswajit Sarkar Copyright Blog

Suppose you and your patent attorney have approved the revised copy of the patent application. It should be filed as fast as possible with the patent office, once that happens. In which country do you wish your patent to be granted? Provisional Application.

Determination of Equivalents in a Patent Application

Kashishipr

The doctrine stipulates that the scope of a patent is not confined to the literal terms laid in the claims; instead, it embraces all the equivalents to the claims described in the said application.

Can you change a patent application after filing?

Patent Trademark Blog

Can you change a patent application after it has been filed? Do ideas simply stop churning in your head after a patent application has been filed? Anyone creative enough to file a patent application would likely continue to think and improve upon their innovation. When your brain has been in a constant mode of creation, it would seem natural to come up with changes after a patent application has been filed.

Full Patent Protection vs. a Provisional Patent Application

TraskBritt Intellectual Property

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. Patent Term Extension.

How to review a draft patent application and provide useful comments

Patent Trademark Blog

What kinds of comments are useful in revising a draft patent application? So your patent attorney has send you a first draft of your utility patent application for your review. You’re not sure what to do, so you read my helpful tips on how to review a draft patent application. What patent review comments would help your patent attorney draft a better patent application? How should you review patent drawings?

EXPEDITING EXAMINATION OF YOUR PATENT APPLICATION

JD Supra Law

The patent examiners at the U.S. Patent Office are generally required to take up patent applications for examination based on the order in which the applications were filed.

CALL FOR APPLICATIONS – IP Researchers Needed for DABUS Patent Application

IPilogue

Student researchers are needed to assist in the preparation of arguments for the ground-breaking DABUS AI patent application in Canada. DABUS and its creator Dr. Stephen Thaler have garnered worldwide attention when patent applications naming DABUS as the sole inventor were filed in several national patent offices. In Canada, Deeth Williams Wall LLP is the agent of record for the DABUS patent application. The application can be found here: [link].

CALL FOR TRYOUTS – USPTO National Patent Application Drafting Competition

IPilogue

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise by 3 pm on Friday, October 22, 2021. 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. .

Recent Court Case Highlights Negative Claim Limitations and Best Practices in Drafting Patent Applications

GDB Firm Blog

1/3/2022)) highlights the value of negative claim limitations as a tool to overcome rejections and patent challenges. A recent decision by the Federal Circuit (Novartis Pharms. Corp. HEC Pharm Co., Ltd., 2021-1070 (Fed.

How to file US patent application based on foreign priority claim (Paris Convention, not PCT)

Patent Trademark Blog

Aside from the PCT, a US utility patent application may be filed claiming the benefit of an earlier filing date of a foreign priority application for the same invention. Whatever it may be called, one thing is clear – a direct priority application is not a national stage entry based on a PCT application. Instead, a US patent application with a conventional priority must be filed within 12 months of the priority date of the foreign application.

REMINDER: Tryouts for the USPTO National Patent Application Drafting Competition Team – DEADLINE TOMORROW

IPilogue

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 ! Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise in a Word document with your name in the file name to iposgoode@osgoode.yorku.ca. About the Patent Drafting Competition. Team patent applications will be due on January 16, 2022.

Apple Could be Working on a ‘Rollable’ iPhone Screen, Patent Application Reveals

IP Close Up

Publication of a patent filing from Apple suggests the company could be working on a ‘expandable’ phone design with a rollable screen. The patent indicates Continue reading.

Choose the Words of Your Design Patent Applications Carefully

LexBlog IP

The Federal Circuit recently narrowly construed the claim of a design patent application to reverse the holding of the Patent Trial and Appeal Board (PTAB) affirming the rejection of the claim for a lip implant based on a prior art reference for an art tool. This case shows the importance of wisely choosing the claim language in design patent applications to balance scope with validity. 29/491,550 (the ’550 application).

Art 40

Can amending the description to summarize the prior art add matter to the patent application as filed? (T 0471/20)

The IPKat

The EPO Guidelines for Examination require the description of a patent application to summarise the background art ( F-II-4.3 ). The patent as granted ( EP2657138 ) related to a food product handling system (e.g. D8 is a patent relating to a filing unit.

Why or why not file a patent application?

Patent Trademark Blog

Why not file a patent application? Deciding whether or not to file a patent application is not easy. If you knew for sure that your new product would be a huge success, then the decision to apply for a patent would be easy. You are unable to guarantee results much like a patent attorney cannot guarantee that your patent will be granted. What are bad reasons for filing a patent? What are bad reasons for not filing a patent?

Large entity, small entity or micro-entity: which type of patent applicant are you?

IP Spotlight

When applying for a patent application, certain entities are entitled to reduced USPTO filing fees. Applicants who qualify for small entity status can reduce many USPTO fees by 50%. Applicants who are micro entities can reduce certain fees by 75%. An applicant who is neither a small entity nor a micro-entity is considered to be a large entity and must pay standard fees. and 11.5-year anniversaries of the patent’s issuance.

Artificial Intelligence system as inventor in South African patent application: The case of DABUS

The IPKat

Late last month, South Africa's Companies and Intellectual Property Commission (CIPC) became the first Patent Office in the world to award a patent that names an artificial intelligence as the inventor of a product. a machine/device) to be named as the inventor in a patent application.

‘AISITAs’ and Written Description Requirements: Considerations and Guidance for AI Patent Applications

IP Watchdog

As such, AI has been shown to have near endless applications, driving a surge of inventions and related patent application filings.

Tillis and Leahy Urge USPTO to Address Inconsistent Prior Art Statements by Patent Applicants at the FDA

IP Watchdog

Patent and Trademark Office (USPTO), discussing the issue of inconsistent statements made by patent applicants pursuant to their disclosure requirements at the USPTO and other federal agencies, especially the U.S.

Drafting AI patent applications for success at the EPO – drafting the full specification

IAM Magazine

Co-published - How applicants can give themselves the best possible chance of obtaining commercially useful rights. Blog News Patents Strategy

Recategorization of Patent Applicants and Implementation Barriers to Rule 7(3) of The Patents Rules 

Selvam & Selvam Blog

The Patents (Second Amendment) Rules, 2020 (hereinafter referred to as the ‘amendment rules’) that came into force on November 4, 2020, primarily recategorized the Applicants and the fees paid by them for filing and prosecution of a patent.

More than half a million Chinese patent applications swept up in quality crackdown so far

IAM Magazine

Reports say CNIPA identified 545,000 ‘abnormal’ patent applications in the first half of 2021 under new system set up to flag bogus filing activity. Analysis Analysis: Policy Designs Law & Policy Patents Trademarks

Understanding Freedom to Operate (FTO) Concerning IP & Patents

Kashishipr

The agreement enabled the three parties involved to obtain Freedom to Operate (abbreviated as FTO) , thereby authorizing one another to use some of their respective patented technologies without worrying about Patent Infringement. Patents have a limited protection period.

IP 72

Drafting AI patent applications for success at the EPO – eligibility and claim formulation

IAM Magazine

Co-published – There are different types of AI inventions and patent claims should be structured differently for each type in order to comply with the office’s eligibility requirements and obtain commercially relevant rights. Blog News Patents Strategy

What Patent Applications Signal About Green Energy Trends

IP Law 360

Steadily increasing patent activity related to clean energy technologies suggests that the proportion of energy derived from green sources will also continue to grow — but smaller companies could be locked out of the patent race, even as sustainability becomes an inescapable business imperative, says Greg Sharp at Haseltine Lake.

Notice Alert: Properly Presenting Prophetic and Working Examples in a Patent Application

JD Supra Law

On July 01, 2021, the United States Patent and Trademark Office (USPTO) published a Notice requiring prophetic examples and working examples to be distinguished, at least, by using different tense in order to satisfy the written description and enablement requirements and comply with Applicant’s duty of disclosure. By: Miles & Stockbridge P.C.

Who Are Australia’s Leading Global Patent Applicants?

LexBlog IP

This is a guest contribution from Mike Lloyd of Patent-Insights. To answer this question with the most recent yet reliable data, I have looked at patent global publication data for Australian companies filed in the 12 months prior to 31 March 2021.

In re Surgisil: Boon, Burden, or Mixed Bag for Patent Applicants and Patentees?

IP Watchdog

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.

Art 66

The Section 145 Trilogy: Why More Applicants Might Take Patent Applications from the USPTO to the E.D. of VA

IP Watchdog

Typically, patent examiners are the prominent decision-makers controlling whether patent applications are allowed. However, Applicants have the power to change who controls these decisions.

Can you file a design patent continuation application?

Patent Trademark Blog

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This means that while a pending application (parent) has not yet been granted or abandoned, a continuing application (child) may be filed. This rule applies to both utility and design patent applications.

Other Barks & Bites for Friday, December 24: Judge Stark Avoids Responses on Section 101 Questions, EPO Dismisses DABUS Patent Applications

IP Watchdog

This week in Other Barks & Bites: the Eleventh Circuit upholds a jury verdict finding misappropriation of trade secrets to alcohol sales invoicing software; the European Patent Office rules that an AI system cannot be a legal person who satisfies inventorship requirements; a U.S.

Fish & Richardson Advising Grignard Pure on Patent Application for First and Only EPA-Approved Antiviral Air Treatment for COVID-19

Fish & Richardson Trademark & Copyright Thoughts

Fish is advising Grignard Pure on its patent application for this product, which is currently pending before the United States Patent & Trademark Office (USPTO). Tony Zhang to advise on patent protection for the ground-breaking product.

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part II

SpicyIP

In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Flexibility in Procedure or Bending Over Backwards for Higher Patent Filing? Image with the text ‘open the gate’ (Image from here ).

Tesla’s Lasers on Vehicle Patent

TraskBritt Intellectual Property

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” The Tesla laser patent application also considers using the technology to clean debris from photovoltaic solar panels.

What are claim amendments?

Patent Trademark Blog

What are patent claim amendments? Claim amendments are a natural part of the utility patent process. A typical utility nonprovisional patent application will receive at least one Office Action rejecting the claims. Amendments are, therefore, common and to be expected in the normal course of patent prosecution. What is at stake is the scope of the claims that will ultimately end up in the utility patent you’re hoping to obtain.

Art 57

Regulations and the surge of software patent applications in the U.S.

IP Blog

Safeguarding software with an issued patent is often complicated unless it is an inextricable element of a multi-part system. Patents Law firm Services

Pharmaceutical patent applications are no longer subject to ANVISA’s prior approval

IAM Magazine

As the Brazilian Ministry of Economy looks to boost the country’s market by introducing new legal measures, pharmaceutical patent holders and future applicants will no longer be required to go through two regulatory bodies.

Pharmaceutical patent applications are no longer subject to ANVISA’s prior approval

IAM Magazine

As the Brazilian Ministry of Economy looks to boost the country’s market by introducing new legal measures, pharmaceutical patent holders and future applicants will no longer be required to go through two regulatory bodies.

Drafting AI patent applications for success at the EPO – eligibility and claim formulation

IAM Magazine

Co-published – There are different types of AI inventions and patent claims should be structured differently for each type in order to comply with the office’s eligibility requirements and obtain commercially relevant rights. Blog News Patents Strategy

China’s overseas patent application volume remains high, but growth is slowing

IAM Magazine

Analysis PatentsThe country’s subsidy policy is coming to an end and this could accelerate the trend.