Patent Law, Green Tech, and Innovation

IP.com

Patents and the “Green” Economy Patents awarded for intellectual property are important to the overall functioning of technology marketplaces where the government determines policy regarding the length and limitations of.

Will NFTs revolutionize patent law?

JD Supra Law

This article explains how NFTs have been creating new challenges and opportunities specifically in the patent space. NFTs continue to make waves, even as there is much speculation about their long-term future.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Decoding The Scepticism Of Overlap Between Patents Law And Competition Law

IP and Legal Filings

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. On the other hand competition law aims to maximize social welfare by condemning monopolies. 1] WIPO, Competition and Patents. [2]

Should you sell your patent law practice?

Patent Trademark Blog

Is retirement from the practice of patent law the best option? It is certainly possible to sell your patent law practice. If your mind and physical health will enable you to stay active in your profession, would it make more sense to stay involved in the patent practice? There may come a time when the choice to retire from the practice of patent law is right or necessary. What are key factors to consider when you sell a patent law practice?

SCOTUS, Vaccine Mandates and Patent Law: God Help Us

IP Watchdog

The question is often discussed in private among patent attorneys who find themselves completely befuddled by the wanton disregard and open duplicitous handling of patent laws by the Nation’s High Court. Is the Supreme Court competent to handle issues dealing with technology?

Thank Patent Law for Gifts this Valentine’s Day

IP.com

The post Thank Patent Law for Gifts this Valentine’s Day appeared first on IP.com - IP Innovation and Analytics. Having trouble picking out a gift for Valentine’s Day?

Innovating the Term ‘Inventor’: AI and Patent Law

IPilogue

Junghi Woo is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. . Recently, AI technology once again exceeded the legal community’s expectations by filing a patent for its invention of interlocking food containers. Patent Law in Canada.

Patent Law Canons and Canards: Bonito Boats

Patently-O

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. And the Supreme Court affirmed — holding that the “carefully crafted bargain” embodied by the US patent system occupies the entire space and thus preempts any further state action offering patent-like rights. Patent

Today in Patent Law Class: Markman v. Westview Instruments

Patently-O

Today in Patent Law Class, we covered the Supreme Court’s important decision in Markman v. 370 (1996) focusing on the question of whether the patentee has a 7th Amendment right to have a jury decide “genuine factual disputes about the meaning of a patent?”

Calling New Patent Law Professors

Patently-O

Every year, law schools advertise open faculty positions via a Faculty Appointments Register sponsored by the American Association of Law Schools (AALS). This year’s list was just released, and lots of schools are looking to hire patent and IP professors. Note that top ranked law schools rarely advertise for particular subject matter areas. Patentby Dennis Crouch.

He, She, or They in US Patent Law

Patently-O

The following year, Congress passed the first patent act that was then signed-into law by President George Washington. The new law eliminated the female pronoun “she.” Swanson, Making Patents: Patent Administration, 1790-1860 , 71 Case W. patent system.

Rounding Errors in Patent Law

Patently-O

This case helps show that patent law has arrived at Nerdsville. This video was suggested by a friend as relevant: Patentby Dennis Crouch. Astrazeneca AB v. Mylan Pharmaceuticals Inc. ( 2021 ). Actually, I’ve been here for a while and so welcome to all you newcomers.

Patent Law Textbooks: A Micro-Symposium

Patently-O

This Friday, November 5, the Iowa Innovation, Business & Law Center will be hosting a first-of-its-kind event (to the best of my knowledge at least): a panel discussion by patent law casebook authors about what makes their textbooks tick. PatentBy Jason Rantanen.

Patent Law and Institutional Choice

Patently-O

On his wonderful Fed Circuit Blog , Professor Taylor is hosting an interesting online symposium on the topic of Patent Law and Institutional Choice with the following nine thought provoking essays: Arthrex: . Narechania , Arthrex and the Politics of Patents. Forum Shopping: Jonas Anderson , Extreme Forum Shopping in Patent Law. La Belle , Mandamus is Not a Mechanism for Patent Reform. Exclusive Patent Jurisdiction: . Patent

The Case for Patenting AI: U.S. Patent Laws Better Get Smart or Get Left Behind

IP Watchdog

The idea of patented inventions brings to mind machines fully realized - flying contraptions and engines with gears and pistons operating in coherent symphony.

Judgment day: could UPC judges harmonise international patent law?

IAM Magazine

The imminent appointment of judges to the UPC has sparked debates over whether and how far patent law across Europe might be coordinated and how, if successful, it could transform the EU patent law landscape

Judgment day: could UPC judges harmonise international patent law?

IAM Magazine

The imminent appointment of judges to the UPC has sparked debates over whether and how far patent law across Europe might be coordinated and how, if successful, it could transform the EU patent law landscape

Easy Patent law Quiz for 2021:

Patently-O

Crunch recently filed a utility patent application (February 2021) with the USPTO seeking to patent the following two claims: 1. 300 words) Based upon what you know so far, do Sections 102 or 103 create any hurdle to patentability? 100 words) Five years later … Crunch has obtained his patent exactly as claimed above and business is booming. PatentYou should be able to easily answer these questions: . Crunch stays fit with his rebounder (a mini-trampoline).

2022 IP Outlook Report: The Developments Shaping Patent Law

JD Supra Law

2022 is expected to be another busy year in the world of patent litigation. We fully expect persistence in these spaces: STANDARD-ESSENTIAL PATENT (SEP) LICENSING AND THE GROWING DEMAND FROM TECH COMPANIES FOR INDUSTRY STANDARDS - After the number of disputes involving SEPs.

Supreme Court Patent Law Outlook 2022

Patently-O

For the first time since 2008, the Supreme Court’s October 2021 term will come to a close without any patent decisions. I have included a chart below, but should note that there is some debate around the edges about what constitutes a “patent decision.” Patent

How the Supreme Court’s Clarification of Enablement in Amgen May Affect the Future of Patent Law

JD Supra Law

Supreme Court granted Amgen’s petition to review the “enablement requirement” of Section 112 of the Patent Act. The Court’s decision will likely come in the late second quarter of 2023 and could require significant strategic adjustments by patent owners and prosecutors.

Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20)

The IPKat

The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ). Thus, contrary to the recent Nature article on this topic, AI is not breaking patent law.

Canadian Patent Law 2021: A round-up of interesting developments and court decisions

JD Supra Law

2021 saw changes in Canadian patent legislation, and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions, and new takes on central tenets of patent law.

How to successfully navigate exclusions in Russian patent law

IAM Magazine

While Russian patent law identifies which objects are excluded from patentability, not all exclusions are straightforward. A deep dive into a recent case study provides useful guidance for this murky area

Patent Law and the False Claims Act.

Patently-O

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. government since 1863 (the “Lincoln Law”) and is designed as a mechanism for catching (and thus deterring) fraud against the Federal Government. Here, the basis of Silbersher claim stem from the prosecution history files of the Allergan patent applications.

COVID Vaccine Diplomacy and Patent Law Doctrine

Patently-O

I’ve linked to a new whitepaper on Patents, Knowhow, and Vaccine Diplomacy. PatentThe whitepaper authored: Gary Locke (former Secretary of Commerce, Governor of Washington, and Ambassador to China). Andrei Iancu (former USPTO Director). David Kappos (former USPTO Director). 211117_Iancu_Covid_Vaccine_Diplomacy.

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

SpicyIP

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. The singular focus of these recommendations is on increasing patent filing in the country.

Patent Poetry: Big Tech Companies and Startups Disagree about Impact of Patent Law

JD Supra Law

The US Patent and Trademark Office (USPTO) recently issued a study entitled “Patent eligible subject matter: Public views on the current jurisprudence in the United States.” By: AEON Law

Patent Law at the Supreme Court February 2022

Patently-O

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court.

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 ).

Changes in European Patent Law May Save You Money

JD Supra Law

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.

Supreme Court on Patent Law May 2022

Patently-O

The case questioned the unique patent-law preclusion doctrine known as the “ Kessler doctrine.” ” I previously argued that the court should hear the case and clarify the law. USPTO challenges the district court’s APA trial procedures as part of his effort to force the Patent Office to issue patents for applications that have been pending for decades. Patentby Dennis Crouch.

“Asexual Reproduction Prohibited”? Plant Propagation and Patent Law

IPilogue

Writer and a 1L JD Candidate at Osgoode Hall Law School.? . . Fast forward to the present; moving to Ontario for law school meant that I had to entrust my plants to my brother, who made it quite clear that he didn’t know what he was doing. Photo by CHUTTERSNAP ( Unsplash ).

Patent Law at the Supreme Court September 2021

Patently-O

So far, the Supreme Court has not granted certiorari in any patent cases for its 2021-2022 Term. Tormasi is a convicted murderer and also a patentee seeking to enforce his disk-drive patent. In patent law, we also have the “ Kessler doctrine,” which sits between the two.

Thank You, Senator Tillis, for Recognizing the Need for Evidence-Based Policymaking in Patent Law

IP Watchdog

Patent and Trademark Office (USPTO) and to the U.S. Food and Drug Administration (FDA), expressing concern about policymaking on drug patents and drug prices being driven by a narrative rooted more in policy goals than in actual data.

Teva Tells Justices $235M Loss 'Erodes' Patent Law

IP Law 360

Supreme Court that an appeals court's revival of a Delaware federal jury's $235 million award for GlaxoSmithKline in its patent infringement suit against the Israeli drugmaker "erodes foundational principles of patent law Teva Pharmaceuticals is warning the U.S.

Federal Circuit asked to Decide whether US Patent Law Excludes Non-Human Inventors

Patently-O

Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind. The USPTO rejected the applications — explaining US patents must name a human inventor. Patent

In re SurgiSil : Much More than a Cosmetic Change to Design Patent Law

JD Supra Law

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….

Principal Kelly Del Dotto Interviewed by The Pharma Letter for “Regulatory Q&A: U.S. Patent Law and The Orange Book”

Fish & Richardson Trademark & Copyright Thoughts

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.

Changes to the Rules of Ethics for Patent Law Practitioners

JD Supra Law

On May 26, 2021, the United States Patent and Trademark Office (“USPTO”) finalized the amendments to the Rules of Practice in Patent Cases as well as the rules regarding Representation of Others before the United States Patent and Trademark Office, found in the Code of Federal Regulations, 37 C.F.R.