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 Patent Prosecution Invention Patent Application 88

The IPKat

JUNE 26, 2023

On 2 June 2023, the Unified Patent Court (UPC) received its first patent challenge of its existence. The UPC is a new patents court which came into force on 1 June 2023, made up of judges who are nationals of EU Member states that are participating in the UPC. What is the UPC?

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Patent Patent Application Patent Infringement 144

Patently-O

SEPTEMBER 18, 2023

by Dennis Crouch A number of petitions are pending before the Supreme Court raising interesting patent issues, although none have been granted certiorari thus far. The case focuses on the question of whether the patent covering a new biologic diagnostic method was properly invalidated as directed to a natural phenomenon. Apple Inc.,

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Patent Inventor Invention Patent Law 113

IP Watchdog

MAY 16, 2023

Patent and Trademark Office (USPTO) published a Federal Register Notice today implementing the suggestions it received on expanding the patent bar following its October 18, 2022, request for public input on the topic.

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Patent Trademark Publishing Technology 125

IP Watchdog

JUNE 26, 2023

innovation system, jointly introducing one bill to restore patent eligibility and another to boost patent reliability at the Patent Trial and Appeal Board (PTAB). Last week, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) launched the long-awaited legislative campaign to revive the faltering U.S.

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Patent Intellectual Property Invention IP 120

IP Watchdog

APRIL 13, 2023

By now, unless you live in a total IP blackout zone, you’ve heard about the Unitary Patent and Unified Patent Court (UPC). Aside from your client telling you to, why do you file a patent application? But most of what they tell you misses the forest for the trees. But most of what they tell you misses the forest for the trees.

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Patent Patent Application IP Patent Prosecution 128

SpicyIP

SEPTEMBER 19, 2023

Image from here The Draft Patent (Amendment) Rules, 2023 is quite the mixed bag. The Indian patent prosecution stage holds a very important spot in the overall patent regime of the country. Union of India where the Delhi High Court observed the delay in patent prosecution owing to both the applicants as well as the opponents.)

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Patent Patent Prosecution Patent Application Intellectual Property 75

JD Supra Law

SEPTEMBER 7, 2023

Two bills recently introduced in Congress could significantly affect the current patent litigation landscape. The bipartisan bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and Respecting Economically Vital American Innovation Leadership Act, or the PREVAIL Act. By: Farella Braun + Martel LLP

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Litigation Patent 116

SpicyIP

SEPTEMBER 15, 2023

Almost two years after the 2021 amendments to the Patent Rules 2003, the Ministry of Commerce and Industry has proposed a fresh set of amendments which, if accepted, can change the Indian Patent landscape substantially. from Jindal Global Law School, Sonipat.]

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Patent Patent Application Invention Public Domain 85

IP Watchdog

SEPTEMBER 3, 2023

Arnold & Porter, an international law firm, is seeking a Life Sciences Patent Law Clerk or Patent Agent for the Intellectual Property practice group in the Washington DC office.

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Patent Law Patent Law Intellectual Property 73

Patently-O

AUGUST 21, 2023

By Jason Rantanen I’m getting ready to teach my Fall 2023 Patent Law class, and that means updating the granted utility patents graph that I do every few years. utility patents granted per year from 1840-2022: Data for 2023 isn’t included in the table, but as of July 25, 2023, the authority file contains just 171,556 patents.

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Patent Patent Law Law Publishing 98

SpicyIP

SEPTEMBER 13, 2023

Image by storyset on Freepik The CGPDTM has notified the 2024 Patent and Trademarks Agents Exams. The eligibility of the candidates for the Trademarks Agent Exam is given under Rule 144 of the Trade Marks Rules, 2017 and the eligibility of the candidates for the Patent Agent Exams is given under Section 126 of the Patents Act, 1970.

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Trademark Patent IP Registration 87

IP Tech Blog

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

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Litigation Patent Patent Infringement Intellectual Property 98

Patently-O

AUGUST 28, 2023

28, 2023) regarding how Patent Term Adjustment (PTA) interacts with terminal disclaimers and obviousness-type double patenting (ODP). This case establishes binding precedent that a terminal disclaimer cuts off any extended patent term granted through PTA. Thus, PTE extends beyond a disclaimed term, while PTA does not.

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Patent Inventor Invention Ownership 52

The IPKat

APRIL 24, 2023

Last Friday, WIPO published An International Guide to Patent Case Management for Judges. For each jurisdiction, there are several chapters which sets out the procedure and practice for managing patent cases, namely patent infringement cases., while also " integrating pertinent patent law doctrines ".

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Patent Patent Infringement Publishing Patent Law 141

SpicyIP

SEPTEMBER 23, 2023

Image by rawpixel.com on Freepix As highlighted earlier, yesterday was the last day to share comments/ recommendations with the Ministry of Commerce on the draft Patent (Amendment) Rules, 2023. While on the blog, we have had posts by Md. Sabeeh Ahmad titled “ The Times They Are a-Changin’?

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Patent Patent Prosecution Blogging 64

Patent Trademark Blog

JANUARY 12, 2023

How to Use Patent Public Search (PPUBS). Wouldn’t it be great if you can find how many patents have been obtained by a patent attorney or agent? Using the new tool by the USPTO called Patent Public Search (PPUBS), you can search for patent grants by practitioner name. Which patent database should you search?

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Patent Patent Application Trademark IP 98

JD Supra Law

SEPTEMBER 8, 2023

2022-1293, evaluated for the first time how statutorily authorized patent term adjustments interact with the judge-made doctrine of obviousness-type double patenting. Court of Appeals for the Federal Circuit, in In re Cellect, Appeal No.

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Patent Intellectual Property 65

Olartemoure Blog

FEBRUARY 24, 2023

When a company or an individual drafts and files a patent, a whole new world of information and terms start to fall on them. What is a “patent family”? A patent family is a set of interrelated patent applications filed at one or more patent offices and typically having the same original application (i.e.,

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Patent Patent Application Intellectual Property Invention 105

Patently-O

JULY 16, 2023

In patent lingo, we call this a “floating apparatus with grill supports” to allow grilling while floating in water. After the patent issued, the patentee recognized that the magnet limitation was unduly narrow. The patent also described advantages of the multiple-arbor arrangement. Flow Valve, LLC, 926 F.3d

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Patent Patent Prosecution Patent Application Invention 98

Patent Trademark Blog

APRIL 19, 2023

What does patent obvious mean? To be patentable, an invention must be novel and nonobvious. But, what makes a patent application obvious? If you get an obviousness rejection under Section 103, how do you show that you are trying to patent a nonobvious invention? Want to file a nonobvious patent? OK, we get that.

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Patent Patent Application Invention Art 98

Bio Law Blog

SEPTEMBER 18, 2023

10x) and the Board of Trustees of Leland Stanford Junior University (Stanford) asserting willful infringement of six patents covering technologies in the field of genomics. 10x is the owner of three of the asserted patents and exclusively licenses three Stanford patents also asserted in the case. .’s ” Id.

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Patent Invention Licensing Art 52

Patent Trademark Blog

APRIL 5, 2023

Does it make sense to get a patent in China? One of the most frequent questions I get about getting a patent in China is whether anyone should even bother. Why file a patent overseas when you cannot enforce it? Keep in mind that I am a US patent attorney. Need to file a patent in China?

Patent 98

Patent Patent Application Litigation Patent Law 98

JD Supra Law

SEPTEMBER 22, 2023

Court of Appeals For The District Of Columbia Circuit affirmed dismissal of an antitrust action brought by the Federal Trade Commission regarding Endo Pharmaceuticals’s grant of an exclusive patent license for its opioid, Opana ER (extended release oxymorphone), to Impax Laboratories. District Judge Royce C. By: Haug Partners LLP

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Patent Licensing 74

JD Supra Law

MAY 31, 2023

The Federal Circuit has held that the claims of a “SNALP” patent were inherently anticipated by prior art. Arbutus appealed a decision in an inter partes proceeding by the Patent Trial and Appeal Board (PTAB) that found claims 1-22 of its U.S. In Arbutus Biopharma Corp. ModernaTX, Inc., 9,404,127 invalid as anticipated. By: AEON Law

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Patent Art Law 98

IP Watchdog

JUNE 20, 2023

For example, receiving compensation from those who use patented designs without permission often requires patent owners (e.g., inventors) to send cease and desist letters, file complaints in federal district court, and at times endure patent litigation to its completion.

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Cease and Desist Patent Inventor Litigation 128

JD Supra Law

AUGUST 23, 2023

According to Docket Navigator, 2022 was the first year since 2019 that the annual number of new patent cases fell below 5,300. Before 2019, the annual number of new cases had not been below 4,300 since 2011. By: BakerHostetler

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Patent Litigation 98

JD Supra Law

SEPTEMBER 19, 2023

10x) and the Board of Trustees of Leland Stanford Junior University (Stanford) asserting willful infringement of six patents covering technologies in the field of genomics. District Court for the District of Delaware denied defendant Parse Biosciences Inc.’s s (Parse) motion to dismiss a complaint filed by plaintiffs 10x Genomics Inc.

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Patent Technology 67

IP Law 360

AUGUST 31, 2023

More invalidity attacks will follow the Federal Circuit's recent decision that related patents can be invalidated for double patenting when they expire on different dates due to patent office delays, forcing patent owners to reassess their portfolios and filing strategies, attorneys say.

Patent 75

Patent 75

JD Supra Law

JUNE 2, 2023

Inter partes reviews (IPRs) are litigation-like procedures held before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office that are used to challenge the validity of patents.

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Patent Trademark Litigation Art 98

JD Supra Law

SEPTEMBER 8, 2023

The law surrounding validity, infringement, claim construction, and damages in the design patent context is notably less developed than in the utility patent context. Nevertheless, courts have fashioned a robust body of case law to guide their decisions in these disputes.

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Design Patent Litigation Patent Patent Prosecution 70

JD Supra Law

SEPTEMBER 22, 2023

For our third and final Biotech Week Boston post, partner Stephen Altieri—one of the many within our 250-member-strong comprehensive cross-practice life sciences team with an advanced scientific degree—discusses efficient patent protection for emerging biotech companies with patent agent Emily Coury. By: Morgan Lewis - As Prescribed

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Patent 70

SpicyIP

AUGUST 29, 2023

Image from here On August 23, the Draft Patent (Amendment) Rules, 2023 , were published in the Gazette of India, inviting public comments by September 22. Since then, the Rules have been extensively discussed within the IP community, especially the potential impact they may have on the patent opposition mechanism.

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Patent Prosecution Patent Patent Application Invention 82

Patently-O

AUGUST 24, 2023

About 86% of all patent applications are submitted by men or all-male teams. This underrepresentation of women gets worse as the patent approval process runs its course. In other words, patent applications from women and teams with higher female representation are less likely to convert into granted patents.

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Patent Patent Application Inventor Invention 98

Patent Trademark Blog

SEPTEMBER 5, 2023

How do you know if your product is covered by a patent? After a long journey, you finally get your utility patent approved on your product concept. So now you’re selling the patented product. But, what if your patent does not actually cover your product? Are you selling a patented product or not?

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Patent Design Patent Patent Application Licensing 52

IP Watchdog

MAY 16, 2023

On day one of IPWatchdog’s Patent Litigation Masters program yesterday, the U.S. Supreme Court denied two patent eligibility cases that the U.S. patent eligibility law, which generally have to do with a lack of clarity, arguably fostered by many of the Court’s own precedents. Solicitor General had recommended granting.

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Patent Litigation Law Intellectual Property 134

Patent Trademark Blog

DECEMBER 13, 2022

What does patent prosecution mean? Patent prosecution refers to the writing, filing and handling of patent applications. It encompasses the patent examination process from initial filing to the grant, including all the back-and-forth responses with the USPTO. Who can be patent prosecutors? paying the issue fee.

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Patent Prosecution Patent Patent Application Litigation 98