IP Watchdog

OCTOBER 26, 2023

Startups often face many competing pressures. Many startups are aware of how the on-sale bar interacts with these pressures and the associated need to file patent applications on any technology prior to offering or placing it on sale.

Public Use 59

Public Use Intellectual Property Patent Application Business 59

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.”.

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Patent Prosecution Due Diligence Reporting Inventor 76

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.

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Business Inventor Patent Licensing 98

SpicyIP

JULY 31, 2023

Image from here In a significant development, the Delhi High Court on July 24, 2023 passed a detailed order on ‘product-by-process’ patent claims in Vifor International Ltd. Controller of Patents , analysed by Amit here and here and the IPAB order in the State University of New York v. MSN Laboratories Pvt. Ltd and an r.

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Patent Invention Patent Prosecution Inventor 98

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.

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Patent Application Invention Designs Design 95

The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed.

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Patent Law Law Patent Invention 70

Patent Trademark Blog

AUGUST 11, 2021

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.

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Patent Application Art Patent Prosecution Patent 66

IP Watchdog

JULY 25, 2021

Artificial intelligence (AI) is everywhere, touching nearly every aspect of our daily lives, including how we work, communicate, shop, travel and more. Many AI-based systems are able to recognize trends, patterns and connections, test hypotheses using available data sets, and continuously improve decision trees based on user input.

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Patent Application Patent Invention Patent Prosecution 98

IPilogue

JANUARY 14, 2022

Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. First Time Interpreting Patent Agent Privilege.

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IP Copyright Infringement Inventor Intellectual Property 106

SpicyIP

JULY 25, 2021

Arul is an Associate Professor at the National Law University, Delhi, and has written many posts on the blog earlier which can be viewed here. Many of the specific recommendations in the report raise serious concerns from a public interest perspective. How to study? Dr. Arul George Scaria.

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Reporting IP Intellectual Property Law 132

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.

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Patent Intellectual Property Invention Inventor 102

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.

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Intellectual Property Litigation Patent Prosecution Marketing 52

LexBlog IP

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 52

Business Inventor Patent Licensing 52

Patent Trademark Blog

AUGUST 13, 2021

How to get an early PCT prior art search. The patent office that is doing the prior art search will seek to issue a prior art search report within 16 months of the priority date. This is significantly earlier than the 16-month average wait time for a first Office Action in a typical US utility nonprovisional patent application.

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Art Reporting Patent Prosecution Patent Application 74

Patent Trademark Blog

JULY 14, 2021

How does the US national stage differ from other PCT countries? Furthermore, patent prosecution occurring after the initial filing will vary by each governmental patent office. Some IP offices may present a more challenging patent examination process than others. National stage entry, however, is not universal.

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Patent Application Patent Prosecution Art Inventor 40

SpicyIP

JULY 22, 2023

With a plethora of developments and discussions on AI and AI based innovations, almost everyone has an opinion on how it should develop! It notes that despite the government initiatives to strengthen India’s IP regime, applying the ‘narrowly focused’ and ‘stringent’ patent laws toward AI applications remains challenging.

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IP Intellectual Property Reporting Government 98

LexBlog IP

NOVEMBER 17, 2022

Yet, many Patent Owners still continue to shoot themselves in the foot when it comes to litigating at the PTAB. First, Patent Owners (NPE’s especially) increasingly rely on litigation trial counsel for PTAB representation. yet, I see this argument in about 80% of Patent Owner filings. Why is that? Wrong Playbook.

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Patent Patent Prosecution Art Litigation 52

Patent Trademark Blog

JANUARY 13, 2022

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? e-cigarettes).

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Patent Law Law Patent IP 40

The IPKat

DECEMBER 26, 2021

A quirk of European patent prosecution is the requirement for the description to be amended in line with allowed claims. Article 69 EPC states that the extent of the protection provided by a patent is determined by the claims, but that the description shall be used to interpret the claims.

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Invention Patent Application Patent Patent Prosecution 104

LexBlog IP

MARCH 25, 2022

What Information is included in a Patent? And Does it Apply to Stakeholders of a Patent Lifecycle. Patents are composed of several different parts, each of which serves a particular purpose in securing the rights of an invention. Each component can provide information to the various stakeholders in the life of a patent.

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Patent Inventor Invention Patent Application 52

LexBlog IP

MARCH 1, 2022

Patent Rights defined. How a search is performed. Other patent search options to consider. How to Secure Your Innovation. Patent Rights. This is because many patents are granted upon products that improve other patented products. How is a freedom to operate search performed? important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-621e9d93aaa3b116{flex-wrap:

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 18, 2020

Discovery in patent cases often requires parties to produce confidential technical, business, and financial information. How do stipulated protective orders protect confidential information? How do stipulated protective orders safeguard source code ? How is confidential information handled during depositions?

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Litigation Confidentiality Patent Designs 52

JIPL Online

APRIL 22, 2021

Both the FDA and the courts have struggled with interpreting the exclusivity provision, among many other aspects of this inherently ambiguous regulation. [i] v] This wait-and-see approach has led to many questions, including what standard, if any, the FDA uses to determine this three-year market exclusivity. Policy considerations.

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Intellectual Property Law Intellectual Property Litigation Law 98

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 21, 2020

Many of the applicants are large, well-known companies ( see Figure 2). How is blockchain technology implemented? Mining is a technique used by many (but not all) popular cryptocurrency systems, including Bitcoin. Patenting innovations in blockchain technology. USPTO statistics confirm blockchain’s ascendance.

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Technology Copying Invention Patent Prosecution 76

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

State-level trademark registrations confer many of the same advantages as federal registration, but are limited to the state in which the mark is registered. Patent Prosecution. In the past 10 years, the USPTO has issued hundreds of cannabis-related patents (see Figure 1). Patent Litigation.

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Patently-O

FEBRUARY 13, 2024

by Dennis Crouch One of the more shocking patent decisions of 2023 was Judge Alsup’s holding in Sonos, Inc. The scathing opinion left two Sonos multi-zone smart-speaker patents unenforceable due to prosecution laches and a rejection of the $32 million jury verdict. Google LLC , No. C 20-06754 WHA, 2023 WL 6542320 (N.D.

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Patent Patent Prosecution Patent Law Marketing 97

Patent Trademark Blog

FEBRUARY 15, 2023

Will arguments be necessary in your utility patent application? Nine out of ten utility patent applications will get rejected at least once. Many will get rejected multiple times. So, yes, arguments will be required in the vast majority of utility patent applications. How well does that kind of argument work in real life?

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Patent Application Patent Art Invention 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.

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Patent Application Reporting Public Domain Patent 141

Patently-O

OCTOBER 27, 2023

Typically, patentees are seeking narrow claim construction in order to better differentiate the patent claims from the asserted prior art. ” More recently, the PTAB has moved to the narrower ordinary meaning standard, but the change has not been enough for many patentees to survive the IPR process. Monterey’s U.S.

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Patent Prosecution Art Patent Invention 62

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. Patent prosecution, portfolio, and strategic patenting considerations. The costs of obtaining and maintaining a global patent portfolio can quickly add up.

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Intellectual Property Litigation Patent Prosecution IP 52

43(B)log

FEBRUARY 3, 2023

and design patents were hard to get/not as valuable at the time. There’s not evidence of a litigation history of the few midcentury modern design patents, even though Herman Miller etc. Tyler Ochoa: how do you fix this? Saurabh Vishnubhakat: is this a repeat of trolling issues we saw in utility patent/litigation costs?

Designs 59

Designs Design Design Patent Branding 59

LexBlog IP

SEPTEMBER 5, 2023

The Federal Circuit recently upheld the Patent Office’s decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP). Unless overturned, this decision will significantly affect patent families that have patents with different expiration dates.

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Patent Patent Application Inventor Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

As the battery and electric vehicle (EV) industries continue to grow, in tandem the IP world is experiencing an increase in battery patenting activity. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Figure 1: Battery Patent Filings: CPC Class H01M 1. Valued at $108.4

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Intellectual Property Technology Journalism IP 52

U.S. Department of Commerce

JULY 11, 2022

The USPTO and National Institute of Standards and Technology (NIST) also led the Department of Commerce’s efforts concerning potential abuses of the standard-setting process and our patent system by working with the Department of Justice (DOJ) to reconsider the 2019 Standards-Essential Patents policy statement. Locascio. ‘A

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Intellectual Property Inventor Technology Business 73