Supreme Court Patent Decisions

Patently-O

The chart below shows the number of Supreme Court patent decisions broken-up by decade. Subsequently, the Court limited the number of patent cases it heard via the certiorari process. Oracle , which discusses substantive patent issues). ” Patentby Dennis Crouch.

Role of Patent Professionals

IP and Legal Filings

For this, it is important to understand the relevance of patents. Each inventor wants to have a patent for their invention to recoup the cost of the invention. An inventor who is not sound in legal matters generally ends up making errors in drafting the patent application.

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2021 Patent Grants

Patently-O

Total utility patent grants are down about 7% for calendar year 2021. PatentStill the total ranks as the third highest of all time. The Office has almost eliminated unwanted delay in examination. Right now the delay is about 17 months from filing to first office-action.

Art 96

Dear Patenticity: Patent Prophet

JD Supra Law

Dear Patenticity, I have a chemical invention and I want to obtain the broadest coverage I can. But, I also know that so-called prophetic examples are allowed in patents. The problem is I have not done much lab work, so I only have a couple real examples.

Patent Protection on AI Inventions

Intellectual Property Law Blog

In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. AI patent activities by year. Patents

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.

Patent Patent Patent

Patently-O

I was testing out westlaw's "atleast#" search function and ended up with this chart on how often the Federal Circuit uses the term "patent" in its patent-focused decisions. 2017) with several hundred “patent” repeats across the four opinions in that en banc decision. Patent

Understanding Freedom to Operate (FTO) Concerning IP & Patents

Kashishipr

The agreement enabled the three parties involved to obtain Freedom to Operate (abbreviated as FTO) , thereby authorizing one another to use some of their respective patented technologies without worrying about Patent Infringement. Patents have a limited protection period.

IP 72

Patentability in India

IP and Legal Filings

An invention relating either to a product or process that is new, involving an inventive step, and capable of industrial application can be patented.Provided the invention is not falling under the categories of inventions that are non-patentable under sections 3 and 4 of the Patent Act.

Art 77

Patent Abandonment: Why It Matters

IP.com

When inventors, patent lawyers, and IP teams talk about patent abandonment, there are multiple practices they could be referring to. A patent or patent application can be abandoned at multiple. Patent Search & Analytics

Benefits and Considerations for Patent Prosecution Under Patent Prosecution Highway in Australia, Canada, South Korea, and Japan

Intellectual Property Law Blog

This is the second article of the multi-part series discussing benefits of prosecuting patents under Patent Prosecution Highway or PPH. As discussed in the first article, requirements to participate in PPH in each of the participating patent offices may differ slightly. Patents

AI Patenting

Patently-O

Judge Brinkema sides with USPTO — holding that the Patent Act’s use of the term “individual” is limited to a human person — and thus that only humans can be inventors. USPTO AI patent Decision. PatentRead the decision here: Thayler v.

Benefits and Considerations for Patent Prosecution under Patent Prosecution Highway in the U.S., Europe, China, and Singapore

Intellectual Property Law Blog

Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. months after filing PPH patent applications – compared with 12.5

Top Issues for the U.S. Patent and Trademark Office in 2022

IP Watchdog

Patent and Trademark Office (USPTO) Director Kathi Vidal’s answers to Senators’ written questions following her recent confirmation hearing provide reasons for hope to those concerned about the current state of the patent system. Incoming U.S.

Patent Translation: Good and Bad?

IP and Legal Filings

Different countries have their own set of requirements for translations, and therefore if the translation is not done professionally, it could lead to misinterpretation of the scope of the claims, which may end up ruining the purpose of filing patents.

Pesticide Patents: Not ‘Working’ Out?

SpicyIP

While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. Notably, several pesticides manufactured by European companies are going off patent in recent times.

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?

Patent Benefits: 4 Advantages of Patenting Your IP

IP.com

Patenting an invention is a long, complex, and costly process that might not seem worthwhile, especially for small businesses or entrepreneurs. However, in many cases patents offer benefits that other.

Green Light for Unitary Patent and Unified Patent Court

IP Watchdog

The countdown to the launch of the EU Unitary Patent has begun, with the new system expected to start before the end of this year. Courts Europe International IP News IPWatchdog Articles Patents Technology & Innovation

Patent 103

Top 10 Patent Cases: 1891 to 1951

Patently-O

Prior to 1891, appeals in patent cases went directly to the Supreme Court, and the Court decided lots of patent cases. The court decided a number of big patent cases during the period of 1891-1952, although many of them have been rejected or are no longer followed. Patent

Standard Essential Patents Explained

IP.com

Thomson Reuters Practical Law defines a standard essential patent (SEP) as “a patent claiming technology that is essential to an industry standard’s use.” The post Standard Essential Patents Explained appeared first on IP.com - IP Innovation and Analytics.

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.

Comments on USPTO Patent Eligibility Study Reveal Stark Contrast in Viewpoints of Some U.S. Patent Stakeholders

IP Watchdog

Patent and Trademark Office’s patent eligibility jurisprudence study. patent system. Public comments will be used to determine how the current state of Section 101 patent eligibility case law is impacting investment in U.S.

Dapagliflozin Patent receives another Blow: Same Old Coverage-Disclosure Story

SpicyIP

To quickly recap the arguments, AstraZeneca claims that sale of Dapagliflozin violates not one but two of its patents: the genus IN 205147 (IN 147) which expired in October 2020, and the species IN 235625 (IN 625) set to expire in 2023. One invention, two patents?

Patent and Trade Secret: Never Ending Conundrum

IP and Legal Filings

Patents and trade secrets go hand in hand where protection from both has its features with its pros and cons. Patents are there for 20 years where after the expiry they end up being in the public domain. The post Patent and Trade Secret: Never Ending Conundrum first appeared on IPLF.

CAFC Nixes District Court Claim Construction in Win for Firearms Patent Owner

IP Watchdog

s patent for a method of converting a semi-automatic rifle with a detachable magazine to one with a fixed magazine. The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday ruled that a California district court erred in its claim construction relating to Evolusion Concepts, Inc.’s

Patent 102

Patent Licensing is a Risky Business: Let the Market Strike the Balance

IP Watchdog

Patent licensing and technology transfer is a cornerstone of modern economies, where the efficiencies of collaboration and division of labor do not require firms to be vertically integrated.

Whither goest the patent troll?

The IPKat

A decade ago, patent trolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject? Patent Trolls, ?nd

Nature of Patents and Patent Rights

JD Supra Law

When a patent is issued under the seal of the United States Patent and Trademark Office, it is signed by the Director of the USPTO or an Office official.

Low Quality Patents’ Threat to the Patent System

IP.com

Research suggests that 28% of patents are at least partially invalid. The post Low Quality Patents’ Threat to the Patent System appeared first on IP.com - IP Innovation and Analytics. Patent Search & Analytics

Patent Eligibility Jurisprudence

Patently-O

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. In both cases, the Government argued that the Court’s recent decisions have strayed from earlier precedent and have fostered uncertainty regarding the patent eligibility standards. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? patent system.

Pride in Patent Ownership Act

Patently-O

A bipartisan pair of Senators have proposed the “ Pride in Patent Ownership Act.” ” The premise is that if you own a patent, you should be proud to own the patent — and actually record your ownership interest. Patentby Dennis Crouch.

Historic $130m+ Patent Infringement Award Against the United States of America

Intellectual Property Law Blog

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). Patent No.

Unified Patent Court and Unitary Patent Moving Ahead in Europe

JD Supra Law

Final preparations by sixteen EU member states for their Unified Patent Court (UPC) and Unitary Patent (UP) began on 19 January 2022, following Austria’s deposit on the previous day of its ratification of the Protocol on Provisional Application of the UPC Agreement (PPA).

All About Provisional Patent Applications

Kashishipr

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. What is a Provisional Patent Application?

Patent Infringement, Antitrust, and the Discovery Rule

IP Watchdog

On September 20, 2021, Judge John Robert Blakey in the Northern District of Illinois issued an opinion in a Walker Process patent fraud antitrust case denying defendants’ motion for summary judgment on their statute of limitations defense.

FAQ: What is Patentability vs Freedom to Operate?

IP.com

Determining patentability and freedom to operate is essential to the ROI your organization will see from an invention. Conducting both patentability and FTO searches at strategic points during the innovation. The post FAQ: What is Patentability vs Freedom to Operate?

Expired Patents Can Be Challenged

JD Supra Law

Although it may seem counterintuitive, the PTAB has jurisdiction over expired patents, and patent owners may need to defend their expired patents in inter partes review.

Patents and Drug Availability

Patently-O

The district court found Amarin’s asserted patent claims obvious and the Federal Circuit affirmed that holding in a R.36 I expect EPADI to lose its appeal, but it raises an ongoing interesting question about the role of patents in the availability and pricing of drugs and biologics.

Art 86

McKee, Voorhees & Sease, PLC is Seeking a Biotechnology Patent Attorney/Agent

IP Watchdog

jobs Legal Position McKee Voorhees & Sease PLC Patent Agent Position Patent Attorney Position patent job patent jobs patent prosecution jobs Remote position remote work working remotely

Becoming Harder to Justify a One-Size-Fits-All Patent System

IP Watchdog

Meanwhile, all patents— good, bad, revolutionary, and stupid— have eroded to the point where continued use of the U.S. patent system must be questioned.

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

Intellectual Property Law Blog

Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact. patents,” Office of the Chief Economist, IP Data Highlights (October 2020). Patent Office Appeals

A Closer, Evidence-Based Look at ‘Patent Quality’ Advocacy

IP Watchdog

The Patent Infringer Lobby has ramped up banging the drum about “patent quality.” They dedicated a week-long campaign to questioning "patent quality,” which its constituents regard as a huge problem. Patent and Trademark Office (USPTO) Director Andrei Iancu left the building.