Patent Trademark Blog

JUNE 15, 2022

Does our firm recommend PCT patent applications? If foreign utility patent protection is desired, filing a PCT patent application makes sense for many applicants. However, such late patent filings will not have the benefit of a priority claim to your earlier filing date.

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Patent Trademark Blog

JANUARY 17, 2022

What factors affect the cost to file a PCT patent application? The cost of a PCT patent application will typically consist of attorney’s fees and government fees. PCT patent attorney’s fees which will vary widely between firms and the amount of work involved (e.g.,

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Intellectual Property Law Blog

DECEMBER 15, 2023

Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents. 10,149,820 (the “’820 patent”), which is directed to compositions and methods for treating pterygium. Background Cloudbreak owns U.S.

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Patent Trademark Blog

JANUARY 31, 2023

Does an international PCT patent application cover the whole world? No, a PCT application does not cover every country. Depending upon your foreign patent goals, there is a good probability that the member PCT countries are sufficient for you. Which PCT countries make sense for you?

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Patent Trademark Blog

JULY 28, 2022

Can you file a single patent application for all countries? Wouldn’t it be great if you could get a single patent to cover all countries? Is there such a thing as a worldwide utility patent? It’s called a PCT application. Notice I said “patent-pending” and not patented.

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The IPKat

MARCH 11, 2024

2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa. 2) Furthermore, it is permissible to file a utility model in a country by virtue of a right of priority based on the filing of a patent application, and vice versa.

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LexBlog IP

FEBRUARY 23, 2022

You want to file a patent application to protect the design. Can you file a design patent application? For a design patent, 35 U.S.C. § Based on this, you draft a design patent application on the pattern described as applied to a chair. For utility patent applications, under 35 U.S.C. §

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Intellectual Property Law Blog

NOVEMBER 22, 2021

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. Filing patent applications under PPH can drastically reduce time it takes to prosecute the patent applications.

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SpicyIP

AUGUST 10, 2023

of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. The petitioner approached the High Court against the decision of the Controller of Patents.

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IPilogue

OCTOBER 25, 2021

Madelaine Lynch is an IP Intensive intern, an IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. Part 3: Filling for a Patent or Trademark, What Can I Expect? Part 4: Filing for a Patent in Canada and Beyond. The US Provisional Patent. Part 5: Why Can’t I Talk About It, It’s My Invention?

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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. filing child applications. paying the issue fee.

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LexBlog IP

JULY 27, 2023

Can you file the utility patent application with the color drawings or photographs? 113, the Applicant for a patent must “furnish a drawing where necessary for the understanding of the subject matter to be patented”. . § Typically, the drawings in a utility patent application are submitted in black and white.

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The IPKat

MAY 24, 2024

The second and final week of the WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge has come to an end with the adoption of a new international legal instrument, entitled the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (available here ). Image from Pixabay.

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Patent Trademark Blog

OCTOBER 10, 2022

What is a PCT Receiving Office (RO)? In order to file a PCT application , a Receiving Office (RO) must be selected. For most US practitioners, the default is to select the US as the Receiving Office due to the familiarity of electronically filing patent applications with the USPTO. There’s just one problem.

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Patent Trademark Blog

MARCH 6, 2024

What is a smarter way to patent a medical device? Medical device patents can make a direct impact on sales as well as create licensing opportunities. Even pending patent applications may help startups raise capital. Let’s look at some smart ways to patent a medical device. Need to patent a medical device?

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Sander Law

JUNE 8, 2023

There are several international IP agreements that are useful in protecting your IP. Below is a brief summary of a few of them: Paris Convention (Foreign filing priority) After filing your IP in your home country, you can file the same IP in other countries and benefit from the filing date of the earlier home application (e.g.

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LexBlog IP

SEPTEMBER 28, 2023

The Patent Cooperation Treaty (PCT) is an international treaty that makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single patent application. It is also possible to file the application with the International Bureau directly.

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Patently-O

FEBRUARY 15, 2022

A patent costs money; and the costs continue even after issuance. requires a set of three “maintenance fees” to keep a utility patent in force for its entire 20 year patent term. The chart below looks at the percentage of utility patents where the fees were paid prior to abandonment. by Dennis Crouch.

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LexBlog IP

FEBRUARY 21, 2024

In 2023 the total number of standard patent applications filed in Australia remained above 30,000 for the third year running, despite a 2.4% As always, a majority of new filings were national phase entries (NPEs) derived from international applications under the Patent Cooperation Treaty (PCT).

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LexBlog IP

JUNE 3, 2022

Are there any international grace periods to file a patent application after a public disclosure? If I file a US utility patent application, will that prevent me from filing additional patent applications internationally? Therefore, we have two routes to file applications in other countries.

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SpicyIP

MARCH 29, 2024

Controller of Patents made some notable observations on amendment of claims in a PCT application and Section 3(h) of the Patent Act. Controller of Patents. First, the treatment of claims during the national phase entry of a PCT application into India. Shivam is an advocate practicing in New Delhi.

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Patent Trademark Blog

APRIL 14, 2022

Will your patent be rejected? Here are statistics on whether your patent will be rejected. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. How to respond to utility patent rejections.

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Patent Trademark Blog

MAY 31, 2022

How do you file foreign patents cost-effectively? It’s no secret that obtaining foreign patent protection is highly expensive. Most clients are under a limited budget, seeking to stretch their money as much as possible to seek smarter patent protection. Is there a smarter strategy to file foreign patents?

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The IPKat

DECEMBER 31, 2021

The EPO has launched a user consultation on grace periods for patents, the results of which will be published in early 2022 ( EPO press release ). The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent filing. 102(b)(1)(A) ). 102(b)(1)(A) ).

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The IPKat

MAY 17, 2023

The UK Intellectual Property Office (IPO) has announced details of its new patent service which will see the process of applying for a patent dramatically transformed over the next 12 months. There will also be a number of important changes to the IPO’s services ahead of the new service for patents being launched in spring 2024.

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Intellectual Property Law Blog

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. An applicant is required to address all these objections and rejections in one response.

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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 Trademark Blog

DECEMBER 2, 2022

Patent attorneys will sometimes use the term “straight continuation” to refer to a specific type of child application that stems from a parent patent application. A straight continuation is simply a child application that does not contain new matter. PCT), or an international design application.

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Patent Trademark Blog

SEPTEMBER 28, 2022

Has your patent attorney retired? If your patent attorney has retired or will retire soon, don’t freak out. You will ultimately need to find a new patent practitioner, and this guide on how to choose a patent attorney may help. Get a List of Your Patent Filings and Deadlines.

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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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JD Supra Law

APRIL 29, 2022

The European Patent Office has published a decision that the new WIPO Standard ST.26 European patent applications or international applications that disclose nucleotide and/or amino acid sequences and are filed on or after July 1, 2022, must include a sequence listing as part of the description, in compliance with the new WIPO Standard ST.26

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The IPKat

MAY 17, 2022

The decision of the Board of Appeal in J 14/21 is yet another example of an applicant losing their European application due to a lack of due care by a non-EP representative. Instead, they advised the applicant that they could rely on the "unintentionality test" used in other jurisdictions. What went wrong?

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Intellectual Property Law Blog

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. An applicant is required to address all these objections and rejections in one response.

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Nelligan Law

SEPTEMBER 19, 2022

Reading Time: 3 minutes Key changes to patent prosecution in Canada will come into effect October 3, 2022. These changes will impact the patent prosecution process in Canada by introducing excess claims fees, requests for continued examinations and conditional notices of allowance.

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JD Supra Law

FEBRUARY 9, 2022

Just about anywhere in the world is where one may claim a patent with an international PCT patent application. There are, after all, 154 countries bound by the Patent Cooperation Treaty (PCT). But almost no one, except well-heeled pharmaceutical companies, files in every last one.

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Fish & Richardson Trademark & Copyright Thoughts

APRIL 28, 2022

The European Patent Office has published a decision that the new WIPO Standard ST.26 European patent applications or international applications that disclose nucleotide and/or amino acid sequences and are filed on or after July 1, 2022, must include a sequence listing as part of the description, in compliance with the new WIPO Standard ST.26

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The IPKat

FEBRUARY 20, 2022

There is an international requirement for the DNA, RNA and protein sequences disclosed in a patent application to be provided in the form of a sequence listing. Sequence listings are then used by patent offices to search for the listed sequences. Increased ease-of-access to patent application sequences?

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