Patently-O

JULY 8, 2024

This week I uncovered striking data that a very large number of patents have been impacted. Some background : Many patentees divide their patents into multiple filings all based on the same original priority application. Historically though patent term was measured from the issue date.

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Olartemoure Blog

JULY 26, 2024

Patent and Trademark Office (USPTO) has issued a guidance update to address innovation in emerging technologies , which will assist USPTO personnel and stakeholders in determining subject matter eligibility under patent law of AI inventions during patent examination, appeal, and post-grant proceedings.

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IP Watchdog

JULY 15, 2024

While obviousness-type double patenting (ODP) has a long history, Supreme Court precedent and common sense make it clear that the time has come to put ODP to rest. The original rationale for it has long passed, and it is a judicially-created exception to the patent statute that cannot stand.

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JD Supra Law

JULY 16, 2024

The Federal Circuit has affirmed a federal district court’s dismissal of patent infringement suits involving patents for remote gambling, because it found the subject matter not eligible for a patent. By: AEON Law

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JD Supra Law

JULY 19, 2024

On April 3, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of rulemaking setting out the fees that it proposes for the fiscal year starting on September 29, 2024.

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Selvam & Selvam Blog

JULY 26, 2024

Patent protection in India is governed by the Patents Act, 1970, which has undergone several amendments to align with international standards, most notably the TRIPS Agreement. The Indian patent system is administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM).

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Patently-O

JULY 23, 2024

For several years, the most controversial part of the design patent world was patenting of portions of a display screen. The chart above shows the year-over-year numbers of design patents issued claiming some form of an animated or transitional display. For 2024, the numbers are just for the first half of the year. 183 (2013).

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JD Supra Law

JULY 25, 2024

A court in the Western District of Oklahoma dismissed a complaint as to one of the asserted patents where the patent included a terminal disclaimer stating that the patent would be enforceable only as long as it was co-owned with a reference patent that the PTO had misidentified.

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IP Watchdog

JULY 11, 2024

Patent and Trademark Office (USPTO) Director Kathi Vidal published a Director’s blog post today addressing the Office’s current backlog of patent and trademark applications, which the latest USPTO data shows to be 785,387 unexamined applications/ 25.6 months total pendency for patents and 14.5

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IP Law 360

JULY 10, 2024

A California federal judge has let the developer of smartphone game Pokemon Go out of a patent infringement suit, deciding that a patent related to augmented reality technology covers an abstract idea.

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JD Supra Law

APRIL 15, 2024

The Federal Circuit has affirmed a lower court’s decision finding the claims of a patent for preventing gemstone counterfeiting invalid. Rady owns US Patent No. The case is Rady v. The Boston Consulting Group.

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JD Supra Law

JULY 26, 2024

In a recent en banc decision, the Federal Circuit Court of Appeals has overruled its prior test for nonobviousness of design patent inventions, holding that design patents are subject to the same test as utility patents. LKQ Corporation v. GM Global Technology Operations (Federal Circuit, May 21, 224). By: Weintraub Tobin

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Patently-O

MAY 15, 2024

as a major turning point in American patent and antitrust law. The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. Just a few years later, the Supreme Court reversed course in Motion Picture Patents Co.

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JD Supra Law

JULY 9, 2024

Need another reason to secure and enforce design patents? Design patents offer a unique additional remedy in district court litigation: profit disgorgement. See 35 U.S.C. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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JD Supra Law

JULY 25, 2024

Under the patent laws, the term of a patent may be increased for delays by the U.S. Patent and Trademark Office (USPTO) during the application process. Conversely, the USPTO can reduce a patent term adjustment to account for delays caused by the patent applicant. See 35 U.S.C. § See 35 U.S.C. § 154(b)(2)(C).

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IP Watchdog

MAY 16, 2024

As we have reported recently, IPWatchdog broke news last week about a Reddit thread dedicated to purported patent examiners in which one examiner asked their peers for advice on how to approach examination of patents that have purposes they may fundamentally disagree with politically--specifically, a patent geared toward Israeli military technology.

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JD Supra Law

JULY 22, 2024

One doctrine that has been operative since the first reissue statute was introduced in 1832 is modernly known as the “original patent requirement” (OPR). 251(a), the statute provides in pertinent part “…the Director shall … reissue the patent for the invention disclosed in the original patent, […].” OPR rejections.

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Intepat

JULY 3, 2024

Innovations and patents are crucial for corporate success, as they provide a competitive advantage. With rising capital needs and global financial market opportunities, patents are attractive to stakeholders and investors. These methods interact with each other to complete the Praxis Method of Patent Evaluation.

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JD Supra Law

JULY 26, 2024

The United States Patent and Trademark Office (USPTO) issued an important update to its guidance on patent subject matter eligibility under 35 U.S.C. § This article synthesizes key takeaways and insights from the update and provides implications for innovators and patent practitioners.

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IP Watchdog

JULY 22, 2024

UNM Rainforest Innovations affirming obviousness findings entered by the Patent Trial and Appeal Board (PTAB) over UNM Rainforest Innovations’ (UNMRI) arguments that ZyXEL’s expert witness misrepresented his contributions to an expert report relied upon by the Board.

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Olartemoure Blog

FEBRUARY 14, 2024

Get to know a bit more about these patents that have added a touch of creativity and technology to the season of love. METHOD OF MAKING A HEART-SHAPED DIAMOND US6434805B2 Inventor: Ami Haimoff Assignee: L I D Ltd Date of Patent: Aug. Thank Ami Haimoff for creating and patenting a new way to make heart-shape diamonds.

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SpicyIP

JULY 18, 2024

Controller of Patents and Designs , came down heavily on the IPO for its shoddy order rejecting the patent application filed by the appellant. The judgment raises serious concerns regarding the quality of functioning of the patent office. Order The Patent Controller issued a cryptic order rejecting the patent application.

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IP Law 360

JULY 12, 2024

Zimmer Biomet Holdings shouldn't have stopped paying royalties on knee replacement devices it developed using an orthopedic surgeon's various patents after those patents expired, the Seventh Circuit said Friday, backing a lower court's decision affirming an arbitration ruling in favor of the surgeon's estate.

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Patent 98

IP Watchdog

NOVEMBER 5, 2023

Patent and Trademark Office (USPTO) in recent weeks regarding the Office’s decision to retire Private PAIR and EFS-Web, the two main software systems used by patent applicants, on November 8. Numerous letters have been submitted to the U.S.

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IP Law 360

MAY 10, 2024

A Delaware federal jury on Friday found that Microsoft infringed a trio of claims in a patent initially issued to a company that developed Apple's Siri software, handing the patent owner $242 million.

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Patent 145

Biswajit Sarkar Copyright Blog

MARCH 1, 2024

Patents are important and powerful tools that provide safeguards to biotechnicians and help them. What is patent? A patent is a legal document that provides exclusive rights to inventors over others in making, using, and selling their inventions for usually 20 years from the date of filling the patent application.

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JD Supra Law

JULY 9, 2024

The Federal Circuit has ruled that a US patent-holder plaintiff may be able to recover damages for a defendant’s foreign sales of infringing products if the foreign sales were proximately caused by the defendant’s improperly making, using, selling, offering to sell, or importing the patented invention in the United States.

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Olartemoure Blog

JULY 26, 2024

Brazil’s National Institute of Industrial Property (INPI) has announced that the global limit for requests for accelerated technical examination through the Patent Prosecution Highway (PPH) program is approaching its peak for 2024. The PPH currently has a limit of 800 applications per annual cycle, which ends on December 31, 2024.

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JD Supra Law

JUNE 26, 2024

This CLE webinar will guide patent counsel on the Federal Circuit's recent decision in LKQ Corp. May 21, 2024) and its implications for design patents. The panel will discuss the new test for obviousness and what hurdles it will present for design patents. GM Global Technology Operations L.L.C. By: Strafford

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IP Watchdog

JULY 10, 2024

This week, there were an average number of patent filings at the Patent Trial and Appeal Board (PTAB) with 38 new filings—two post grant reviews and 36 inter partes reviews (IPRs)—while the district court saw a below-average 48 new filings. patents. Apple filed four petitions challenging four Y.M.R. Innovations Ltd.

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Patently-O

DECEMBER 29, 2023

by Dennis Crouch The US Patent and Trademark Office (USPTO) issued a total of 312,100 utility patents in the calendar year 2023. This marks the fourth consecutive year of decline in the number of issued patents. In fact, numbers from US-applicants increased over the past year.

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The IPKat

JULY 15, 2024

The decision of the Enlarged Board of Appeal (EBA) in G 2/21 on the use of post-published evidence to support patentability, was self-confessedly vague and open to interpretation ( IPKat ). The patent protecting the commercialised polymorph of a drug may therefore provide valuable exclusivity.

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Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

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JD Supra Law

MARCH 25, 2024

The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungible tokens (NFTs) and intellectual property (IP). The Report was created in response to a June 2022 request from Senators Patrick Leahy (D-VT) and Thom Tillis (R-N.C.) to undertake a study. By: AEON Law

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Patent Trademark Blog

JUNE 19, 2024

Patent owners now have a way to stop infringement without having to spend millions in a federal court lawsuit. The Amazon APEX patent program enables you to remove infringing product listings from the e-commerce platform. Find out how you can take advantage of this Amazon Patent Evaluation Express program.

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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 Trademark Blog

MAY 29, 2024

What are the top losing patent arguments? About 9 out of 10 utility patent applications will receive at least one rejection. Getting a utility patent, therefore, will require skill in overcoming these inevitable rejections from the examiner. One way of improving your probability of success is to avoid loser patent arguments.

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