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?

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.

Insiders

Sign Up for our Newsletter

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

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.

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).

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.

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?

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.

19th Century Patent Law: Initial Disclosures for the Defense

Patently-O

Some areas of law have particular additional disclosure requirements. One example — old patent law. The Patent Act of 1836 included a unique disclosure requirement for defendants raising a defense that patent was invalid because the invention was already publicly known or used. Patent Act of 1836, Section 15. Today, Rule 26(a)(1)(A)(i) operates in parallel to this old patent rule, but for all civil actions. ” Patent

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 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.

Resorbing Patent Law’s Kessler Cat – Request for Comments

Patently-O

Download it here: Resorbing Patent Law’s Kessler Cat into the General Law of Preclusion. Meanwhile, the scope of issue and claim preclusion have expanded with the merger of law & equity, creation of the Federal Rules Rules of Civil Procedure, as well as the expansion of Declaratory Judgment jurisdiction. Patent

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

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 Law at the Supreme Court October 2021

Patently-O

The Supreme Court has not granted a writ of certiorari in any patent cases this term, and has now denied certiorari in two dozen. The remaining four patent petitions are listed roughly in order of their likelihood of being granted certiorari (in my opinion).

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 ).

“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 ).

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….

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.

Patent Law’s Fifth Column: Motivation to Combine with Reasonable Expectation to Success

Patently-O

The accused infringers here were seeking to market a drug treatment for chronic lymphocytic leukemia covered by several Cephalon patents and sold as Bendeka. The defendants challenged the patent claims as obvious, but the district court sided with the patentee — finding a lack of motivation to combine the references with a reasonable expectation of success. Patentby Dennis Crouch. Apotex Inc. Cephalon, Inc. Supreme Court 2022).

Art 50

18th-century Patent Law Doctrine and the Ultra Petroleum Make-Whole and Post-Petition Interest Dispute

JD Supra Law

Sounds like an odd combination—enforceability of make-whole and post-petition interest and patent law. The Solvent Debtor Rule is a judicially created exception…Sounds like an odd combination—enforceability of make-whole and post-petition interest and patent law.

Ruling Against AI 'Inventors' Brings Patent Law Reform Calls

IP Law 360

patent law, intellectual property lawyers said, as the British government eyes reforms to boost AI investment A landmark ruling that an artificial intelligence machine can't be considered an inventor highlights the potential need for changes to U.K.

Amendment of German patent law: small step or giant leap for proportionality?

The IPKat

For his parting post, he returns to Germany and patent injunctions. Thus, the GPA will henceforth include an explicit proportionality defense to permanent injunctions in patent law. Reportedly, several German patent judges immediately commented along similar lines [ here ].

US Supreme Court limits Patent Law’s assignor estoppel doctrine

IAM Magazine

In a significant ruling, the Supreme Court has handed down its decision in Minerva Surgical v Hologic Inc , signalling a change for invalidity claims. International report

US Supreme Court limits Patent Law’s assignor estoppel doctrine

IAM Magazine

In a significant ruling, the Supreme Court has handed down its decision in Minerva Surgical v Hologic Inc , signalling a change for invalidity claims. International report

Why changes to China’s design patent law are a big deal

Managing IP

Sources say updates to the Chinese Patent Law regarding design patents are likely to bring in a wave of new filings, and a surge in litigation along with it

10 Years Later, The AIA Is Not Done Reshaping Patent Law

IP Law 360

When the America Invents Act became law 10 years ago this week, it reshaped the patent world in ways that are continuing to evolve. Here's a look at the most significant changes the AIA brought about — and the potential impacts that haven't yet been felt

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

LexBlog IP

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.”

Art 52

Can You Seek a Patent on Life Forms?

Kashishipr

It is very important to assess the same, morally, ethically, and legally, in the light of accepted norms laid by the Patent Laws in different major jurisdictions. However, a modified form of life may be considered a patentable subject matter.

Patent Law at the Supreme Court December 2021

Patently-O

The Supreme Court has not yet granted a writ of certiorari in any patent cases this term, and has denied certiorari in several dozen cases. A handful of important petitions are pending whose outcome could be transformative to the law. Patent No. Patentby Dennis Crouch.

Legal Alert: New Hatch-Waxman-Style Patent Law Formally Adopted by China’s National People’s Congress; to Take Effect June 1, 2021

Fish & Richardson Trademark & Copyright Thoughts

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. Extensions of Patent term to compensate for delays that are not the fault of the patentee.

First Biosimilar Making “Paragraph IV” Certification under China’s New Patent Law: Bio-Thera Solutions Announced NMPA Acceptance of aBLA for Tocilizumab

LexBlog IP

Roche listed three patents directed to medical uses and Bio-Thera made Type 3, Type 4.1, certifications with respect to these patents. On November 8, 2021, Bio-Thera Solutions, Ltd.

What are the four types of Intellectual Property and how do you protect them?

IP Blog

Patents Law firm Services Trademarks DesignsAsking and answering the question, "What are the four types of Intellectual Property?" in a comprehensive manner will ultimately lead you to the best practices for keeping your intangibles under lock and key.

Düsseldorf Regional Court grants second-medical use injunctions for Novartis Afinitor cancer treatment

The IPKat

Because the injunctions were granted in respect of second medical use patents, which - readers will recall from the Lyrica experience - have not had a resounding history of success. The patent is due to expire soon on 18 February 2022.

Trade Secret or Patent?

The IP Law Blog

Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. A patent protects an invention. Thus, there is some overlap between what can be protected by a trade secret or a patent. IP Patent Law Intellectual Property patent

Be vigilant and diligent in protecting your brand from counterfeiters

IP Blog

Patents Law firm Services Trademarks DesignsThe average person may hear the term "counterfeit" and immediately think of scam artists in Hollywood crime films, printing batches of fake money. Such is the imprint of pop culture!

[Opinion] Can an AI system be an inventor ?

The IPKat

Over to the Professors: "There is an increasing influential and bludgeoning legal literature on how artificial intelligence (AI) systems should be treated in law. Many non-experts assume that these rules have an air of natural law to them and deduce implications which do not follow.

IP investment and the jewelry industry: an opportunity for economic growth in Africa

IP Blog

Patents Law firm Services TrademarksIt is no secret that Africa is an important continent for the production of minerals and precious metals.

Is a cease and desist letter enforceable? Common issues and best practices

IP Blog

Patents Law firm Services TrademarksThe path to stopping infringement of your Intellectual Property (IP) rights begins with two key questions: "Should I send a cease and desist letter?" and "Is a cease and desist letter enforceable?".

Five rules for a successful supplementary protection certificate application

IP Blog

The top companies active in the pharmaceutical sector are not immune to the expiration of certain Intellectual Property (IP) protections and are always looking for ways to enjoy an additional period of exclusivity for their patents. Patents Law firm Services

Evergreening of Patents

Kashishipr

The evergreening of patents is a common element of pharmaceutical patents. The most crucial method that global medicine enterprises use is drug evergreening of patents. The evergreening of patents means securing wealth from high sales volume for a long time.

District Court Stays Litigation for Second Time Pending Patent Review

The IP Law Blog

As background, on March 19, 2020, the court granted a motion to stay the instant case during the pendency of an inter partes review of one of the patents at issue. Thus, the court had to decide whether to stay the case for a second time pending review of one of the patents at issue.

What is Intellectual Property 'theft' and how to avoid it?

IP Blog

Patents Law firm Services Trademarks IP outsourcing DesignsIntellectual Property rights (IPRs) are generally known as "negative rights" because the owner enforces them by stopping third parties from exploiting the rights' subjects.

Protecting Application Programming Interfaces (API) Through Intellectual Property Laws

Kashishipr

There has been a long-standing debate about the different modes of safeguarding an API through the laws on patents, copyright, and trade secrets. Patents and APIs. Patents do not govern computer programs, per se. What is an Application Programming Interface?