IP Watchdog

JANUARY 6, 2025

The conversation takes us deep into the world of audio, video, standard essential patents, patent pools, patent licensing, patent dealmaking, inevitable patent litigation that is often necessary when so much money is at stake, and much more.

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Patent Licensing Litigation Business 115

The IPKat

OCTOBER 31, 2024

Cases relating to the exclusion of patentable subject matter on moral grounds are rare, and always serve to highlight the underlying moral and political framework necessary for a well-functioning IP system. Case Background The patent ( EP2443126 ) related to the plant extract Simalikalactone E and its use to treat malaria.

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Invention Patent Art IP 111

JD Supra Law

NOVEMBER 22, 2024

Patent and Trademark Office (USPTO) will increase patent fees and even create some new ones. Effective January 19, 2025, the U.S. A Final Rule, issued Nov. 20, instituted a 7.5% across-the-board increase with new utility applications increasing by about 10%.

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Patent Trademark 108

Erik K Pelton

FEBRUARY 6, 2025

This patent protects the firms proprietary software, a groundbreaking tool designed to streamline docket and deadline management in the trademark application process. The newly patented software enhances efficiency, accuracy, and client service by automating key aspects of the trademark management process.

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Trademark Patent Registration Trademark Law 147

IP Watchdog

JANUARY 14, 2025

Patent and Trademark Office (USPTO) today released an official Artificial Intelligence Strategy aimed at outlining the challenges faced by the Office both internally and externally, as the reach of AI impacts all aspects of innovation and society.

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Patent Application Patent Technology Reporting 105

JD Supra Law

NOVEMBER 26, 2024

The Unified Patent Court ("UPC") and the unitary patent—which came into force in June 2023—were created at the request of European industry in order to benefit from a single title (the unitary patent) covering the territory of several European Union Member States (18 states to date), and a unified jurisdiction (the UPC) competent to sanction infringement (..)

Patent 117

Patent Designs Design 117

Patently-O

NOVEMBER 18, 2024

by Dennis Crouch New data from the USPTO shows that the amazing transformation in patent inventorship continues: the average number of inventors per utility patent has reached 3.2 inventors per patent seen in 1976. To continue reading, become a Patently-O member. To continue reading, become a Patently-O member.

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Inventor Patent Invention 110

SpicyIP

NOVEMBER 9, 2024

Dr. Abolkheir labels the inherent fallacy within patent law as “ inventio ad hominem ” fallacy. Questioning the logical foundations of patent laws, he argues that defining ‘inventive step’ in terms of ‘non-obviousness’ shifts the focus of inquiry to the inventor, rather than the invention itself. Cipla Ltd. ,

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Patent Law Law Invention Patent 105

Patently-O

FEBRUARY 4, 2025

Patent and Trademark Office faces unprecedented challenges as recent executive directives force dramatic changes to its operations. A joint letter from the Intellectual Property Owners Association (IPO) and American Intellectual Property Law Association (AIPLA) to Congress highlights that the patent application backlog is at a high point.

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Intellectual Property Law Intellectual Property Patent Patent Application 102

IP Watchdog

OCTOBER 20, 2024

Patent and Trademark Office’s (USPTO) updated subject matter eligibility guidance was October 16, and the Office received 24 total submissions. The 19 posted thus far overwhelmingly call for more detail in the guidance in order to avoid undue restrictions on patentability of critical artificial intelligence (AI) technologies.

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Patent IP Technology Trademark 105

SpicyIP

OCTOBER 29, 2024

Malladi Drugs, SpicyIP Intern Bhuwan Sarine analyses the Court’s finding on the burden of proof in patent matters concerning revocation petitions. 64 of the Patents Act, 1970 (“the Act”). Accordingly, the Court decided in favour of Malladi Drugs (“Respondent”), upholding the validity of its patent. Petitioner”) under s.

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Invention Art Patent Intellectual Property Law 105

IP Watchdog

FEBRUARY 6, 2025

On its way out the door, the Biden administration took a parting shot at America's most innovative companies in a self-described bid to expand equitable patient access to products that emerge from NIH-owned patents.

Patent 105

Patent Licensing Government Technology 105

IP Watchdog

JANUARY 13, 2025

In June 2023, as is widely known, more than 50 years of efforts to create a pan-European patent jurisdiction were finally successful and the Unified Patent Court opened its doors.

Patent 105

Patent Patent Infringement Government Litigation 105

IP Watchdog

JANUARY 27, 2025

Patent and Trademark Offices (USPTOs) Patent Trial and Appeal Board (PTAB) has jurisdiction over expired patents brought before it in inter partes review (IPR) proceedings. While the CAFC has previously ruled in appeals from the PTAB involving expired patents, it has not squarely addressed the subject until now.

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Patent Technology Trademark Patent Infringement 88

Patently-O

NOVEMBER 15, 2024

by Dennis Crouch Recent patent prosecution data reveals a striking trend: the percentage of utility patents containing "non-transitory" software claims continued to increase -- from virtually zero 15 years ago to nearly 22% in 2024. The story behind this trend begins with To continue reading, become a Patently-O member.

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Patent Prosecution Patent 116

Likelihood of Confusion

MARCH 19, 2025

Republished by Blog Post PromoterVia the Diva of Design Law, Sarah Burstein: This is a good example of how trade dress provides broader protection than design patents.

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Design Patent Designs Design Patent 88

SpicyIP

JANUARY 20, 2025

Rajya Sabha MP Haris Beeran wrote to the Minister of Health and Family Welfare on December 20, 2024, urging the Central Government to invoke Section 100 (1) of the Patents Act with respect to local production of the rare disease Spinal Muscular Atrophy (SMA) treating drug Risdiplam. 72 lakhs for children (12 bottles) and Rs 1.86

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Government Patent Invention Public Domain 119

JD Supra Law

FEBRUARY 6, 2025

101, the statute governing patent eligibility. AED) filed a petition for writ of certiorari, challenging the Federal Circuits summary affirmance under Rule 36 of a ruling that invalidated its patents under the Alice/Mayo framework. Supreme Court has once again been urged to revisit 35 U.S.C. Audio Evolution Diagnostics, Inc.

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Patent Government 112

JD Supra Law

MARCH 10, 2025

For a business planning to market a product that incorporates an invention, having an enforceable patent to protect the invention is often desirable.

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Public Use Patent Invention Patent Application 70

JD Supra Law

MARCH 25, 2025

2025) that clarifies how patent term extension (PTE) is calculated for reissue patents. On March 13, 2025, the Federal Circuit issued a decision in Merck Sharp & Dohme B.V. Aurobindo Pharma USA, Inc., 23-2254 (Fed.

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Patent 68

The IPKat

JANUARY 22, 2025

The Board of Appeal decision in T 0816/22 considered whether post-published phase III clinical trial data showing lack of efficacy can invalidate a second medical use patent that appeared plausible based on the data in the application as filed.

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Patent Invention Publishing Art 104

IP Watchdog

MARCH 4, 2025

Court of Appeals for the Federal Circuit (CAFC) today in a precedential decision upheld a mixed Patent Trial and Appeal Board (PTAB) ruling that found some claims of Gesture Technologys patent on camera sensing technology for handheld gaming and other devices to be unpatentable, but others not proven unpatentable.

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Patent Technology Intellectual Property IP 81

IP Watchdog

NOVEMBER 11, 2024

patent system, threatening America’s prosperity and national security. Encouraged and abetted by free riders who would benefit unfairly from others’ work, well-intentioned lawmakers and judicial activists have compromised the U.S.

Patent 118

Patent Government Intellectual Property IP 118

JD Supra Law

OCTOBER 23, 2024

In this episode, Troutman Pepper attorneys Andy Zappia, Kim Coghill, and Bryan Smith discuss the new final rule issued for director review in post-grant proceedings before the Patent Trial and Appeal Board (PTAB). By: Troutman Pepper

Intellectual Property 105

Intellectual Property Patent 105

JD Supra Law

DECEMBER 3, 2024

Patent term extension (PTE) under 35 U.S.C. § 156 is a statutory program that restores to a patent at least a portion of the term that was effectively lost while the covered product was undergoing regulatory review and could not be marketed.

Patent 73

Patent Marketing Marketing 73

IP Watchdog

DECEMBER 9, 2024

Government Accountability Office (GAO) published a report reflecting the agencys investigation into third-party funding of patent litigation in the United States. On December 5, the U.S.

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Reporting Litigation Patent Government 98

IP Watchdog

JANUARY 26, 2025

The Federal Circuit reversed noninfringement findings made under the reverse doctrine of equivalents (RDOE), declining to declare the doctrine subsumed by the 1952 Patent Act, but finding that Steuben Foods raised compelling arguments on that point. Shibuya Hoppman Corp., The opinion was authored by Chief Judge Moore.

Patent 98

Patent Law Patent Infringement Litigation 98

Patent Trademark Blog

MARCH 13, 2025

How long does it take to get a design patent? On average, a design patent application can take about 16 months for the initial examination. In fact, we have seen design patent applications take two to three years for the initial review by the examiner. Need to speed up your design patent application?

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Design Patent Designs Design Patent 52

IP Watchdog

NOVEMBER 20, 2024

Patent and Trademark Office (USPTO) today published a final rule announcing across-the-board fee increases of 7.5% but scrapping the most controversial proposals from its April 2024 Notice of Proposed Rulemaking (NPRM). The changes will take effect as of January 19, 2025.

Patent 104

Patent Publishing Trademark Patent Prosecution 104

JD Supra Law

MARCH 12, 2025

Before the USPTO was subject to a hiring freeze, it assumed it would onboard 400 new examiners between fiscal year 2025 and fiscal year 2026, and still predicted an increase in the backlog of unexamined patent applications. By: Foley & Lardner LLP

Patent 70

Patent Patent Application 70

Patent Trademark Blog

MARCH 18, 2025

What are the right patents for Amazon sellers? Traditional patents that might work in the courts may not be the best type of IP protection for online sales on the e-commerce platform. Since Amazon uses their own legal system for adjudicating patent disputes , sellers need to know how to play the IP game Amazon’s way.

Design Patent 52

Design Patent Patent Design Designs 52

JD Supra Law

JANUARY 22, 2025

If you are a patent holder and are selling a product covered by your patent, please remember to mark your products. The purpose of patent marking is to give notice to the public that the product being sold is patented.

Patent 70

Patent 70

JD Supra Law

MARCH 12, 2025

Takeaways - - Expired patents may be eligible for reexamination. Owners options during reexamination of an expired patent are severely limited. However, reexamination of expired patents has been available since the creation of the. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Patent 65

Patent 65

JD Supra Law

NOVEMBER 1, 2024

Among the cauldron of Halloween patents, one particularly clever design stands out: a patented method for decorating pumpkins (and, technically, other fruits…but we’re not holding our breath for Halloween coconuts). Patent 6,855,224, an invention that makes it easy to transfer intricate designs onto pumpkin surfaces.

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Designs Design Inventor Patent 86

JD Supra Law

MARCH 25, 2025

The Patent Term Extension (PTE) provisions of 35 U.S.C. 156 compensate pharmaceutical patent owners for time they are not able to enjoy commercial market exclusivity because their products are not yet approved by the U.S. The length of a PTE award depends on how much time was spent under FDA review after the patent was issued.

Patent 68

Patent Marketing Marketing 68

JD Supra Law

FEBRUARY 27, 2025

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermotts intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent Court newsletter aims to keep patent holders and legal departments well-informed.

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Intellectual Property Patent IP 82

Patent Trademark Blog

MARCH 6, 2025

Can foreign applicants file US utility patent applications? Inventors located outside the US can file US patent applications. Foreign inventors, however, must be careful to follow the patent laws of the country in which the invention was made. Are you a foreign business looking to apply for a US patent?

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Patent Application Patent Invention Inventor 52