Indiana Intellectual Property Law

FEBRUARY 19, 2024

The complaint contended that the Defendant deliberately failed to disclose this information to the USPTO during the patent’s prosecution. The legal action c laimed that the Defendant’s failure to disclose prior art during the patent prosecution process was intentional.

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IP Watchdog

JULY 27, 2023

1983 by patent examiners and officials at the U.S. Patent and Trademark Office (USPTO). dismissing monetary damages claims for alleged violations of 42 U.S.C.

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Patent Trademark Blog

AUGUST 24, 2023

What are warning signs that may warrant a change in your US patent agent or law firm? When it comes USPTO patent prosecution, many factors are out of the control of your US patent agent or attorney. So it makes sense to focus on what is within a patent attorney’s control. Costs can be tricky to compare.

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IP Watchdog

MAY 24, 2022

Patent and Trademark Office (USPTO) office actions on the merits, a patent applicant has the option to appeal the patent examiner’s decision rejecting one or more claims to a higher forum, i.e., the Patent Trial and Appeal Board (PTAB). After two or more U.S.

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Patently-O

APRIL 3, 2024

by Dennis Crouch The United States Patent and Trademark Office (USPTO) recently proposed a new fee structure for fiscal year 2025 , which includes significant increases in various patent fees. The office appears to be using fees as a tool to achieve what it could not accomplish through rule changes alone.

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IP Watchdog

SEPTEMBER 12, 2021

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. Food and Drug Administration (FDA).

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IP Watchdog

JULY 26, 2021

Patent and Trademark Office (USPTO) in pendency and grant rates for petitions pertaining to premature final Office actions. In our last article, Part VI, we reported significant Technology Center (TC)-to-TC variation at the U.S.

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TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Office Actions.

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LexBlog IP

JANUARY 24, 2022

Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). Currently, the USPTO applies a “compact prosecution approach” in examining patent applications. Introduction. On January 6, 2022, the U.S. §101).

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Patent Trademark Blog

AUGUST 11, 2021

A typical utility nonprovisional patent application will receive at least one Office Action rejecting the claims. It is highly likely that your Office Action response will contain a combination of claim amendments and arguments in order to overcome the rejection. How should you amend patent claims?

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Selvam & Selvam Blog

AUGUST 11, 2023

Registrar of Trademarks rather scathingly pointed out a glaring error in an order passed by the Senior Examiner of Trademarks. The Trademarks Office (TMO) was directed to restore the Appellant’s application and to dispose of the same in an expeditious manner. In April this year, the Delhi HC in Blackberry Ltd v.

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Patent Trademark Blog

APRIL 14, 2022

In fact, you’ll be in good company with the vast majority of utility patent applicants who have encountered similar obstacles. In contrast, a typical design application may sail through an allowance without any Office Actions. How to respond to utility patent rejections. How to respond to design patent rejections.

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Patent Trademark Blog

AUGUST 13, 2021

Depending upon your PCT filing date, that prior art search report may be issued sooner than an Office Action in a counterpart application. 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. How to get an early PCT prior art search.

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IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Introducing the College of Patent Agents & Trademark Agents. On June 28, 2021 , the College of Patent Agents and Trademark Agents Act came into force. Trademark Law.

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Patent Trademark Blog

JULY 14, 2021

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. The USPTO is unique in that it requires every patent applicant to disclose known and relevant prior art.

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Kashishipr

NOVEMBER 24, 2021

One of such defenses is the doctrine of inequitable conduct, which is referred to as a breach of the duty of being honest or acting fraudulently in conduct while dealing with the Patent Office. The defense of inequitable conduct was realized by the legislature in the US statute of patents, namely The Patent Act of 1790.

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IP Watchdog

OCTOBER 23, 2022

Patent and Trademark Office (USPTO) is currently assessing comments collected pursuant to a pair of requests for public input, one focused on the agency’s subject matter eligibility guidelines for examining patent applications for 35 U.S.C. §

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

In November 2019, the agency sent warning letters to 15 companies, but it has taken little further action since then. Trademark protection is available for cannabis companies (canna-brands) through a combination of federal, state, and common law sources. Patent Prosecution.

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SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines The office of the Controller General of Patents, Design and Trademarks (CGPDTM) is inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines.

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JIPL Online

APRIL 22, 2021

Braeburn instituted an action against the FDA, alleging that the agency’s interpretation barring its drug was arbitrary and capricious. [ix]. With a few modifications, the FDA could employ similar claim construction as used by the United States Patent and Trademark Office.

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SpicyIP

JULY 22, 2023

Consequently, on page 91, it designates ‘intellectual property’ as one of the areas wherein governmental action is required and recommends setting up a task force, comprising jointly of Ministry of Corporate Affairs and DIPP, to examine and issue appropriate modifications to the IP regulatory regime pertaining to AI.

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SpicyIP

DECEMBER 17, 2023

Delhi High Court Comes Down Heavily on the Patent Office for Delay in Passing the Order Image by Freepik DHC comes down on the Patent Office for a four-year delay in issuing an order. Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patent prosecution timelines.

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Patent Trademark Blog

FEBRUARY 15, 2023

How claim amendments lead to stronger patent arguments Before delving into patent arguments, we cannot ignore a key strategy that can make your arguments more persuasive. I’m now in my third decade of practicing patent law, and one reality has remained constant throughout my patent prosecution career.

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SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Golden Tobacco Ltd [Delhi High Court]. Lectro E-Mobility.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Patent prosecution, portfolio, and strategic patenting considerations. Patents have contributed significantly to the advances in science and technology that make lithium-ion batteries more affordable and efficient today.

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LexBlog IP

OCTOBER 25, 2022

Patent and Trademark Office (USPTO) recently published a request for comments addressing a variety of topics related to generic drug and biosimilar competition. Currently, patents tied together with a terminal disclaimer after an obviousness-type double patent rejection must be separately challenged on validity grounds.

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IIPRD

MAY 10, 2020

SIPP is envisaged to facilitate the protection of Patents , Trademarks , and Designs of innovative and interesting start-ups. For Patents, they provide pre-filing services, prior art search, patent filing support with provisional specification, and support for further proceedings and post-grant. [3]. Registration of GI.

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SpicyIP

FEBRUARY 28, 2022

New web browser extension makes USPTO examiner and art unit statistics available to any patent professional, integrated directly into their patent prosecution workflow. The unprecedented integration of LexisNexis patent prosecution statistics and the USPTO’s two. Art unit’s average office actions to allowance. “As

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Patent and Trademark Office (“USPTO”), climbing from 3,773 in 2010 to 5,319 in 2019 (see Figure 1). A comprehensive IP strategy must cover all bases – prosecution, enforcement, defense, and transactions.

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