Patent Trademark Blog

AUGUST 24, 2023

What are warning signs that may warrant a change in your US patent agent or law firm? When it comes USPTO patent prosecution, many factors are out of the control of your US patent agent or attorney. So it makes sense to focus on what is within a patent attorney’s control. Who drafted the specification?

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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. The invitation will be included in the first Office Action on the merits.

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IP Watchdog

JULY 27, 2023

1983 by patent examiners and officials at the U.S. Patent and Trademark Office (USPTO). dismissing monetary damages claims for alleged violations of 42 U.S.C.

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IP Watchdog

MAY 24, 2022

Patent and Trademark Office (USPTO) office actions on the merits, a patent applicant has the option to appeal the patent examiner’s decision rejecting one or more claims to a higher forum, i.e., the Patent Trial and Appeal Board (PTAB). After two or more U.S. Why make this request?

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IP Watchdog

SEPTEMBER 12, 2021

Patent and Trademark Office (USPTO), discussing the issue of inconsistent statements made by patent applicants pursuant to their disclosure requirements at the USPTO and other federal agencies, especially the U.S. Food and Drug Administration (FDA).

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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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TraskBritt Intellectual Property

JUNE 10, 2021

An applicant secures a patent after successfully prosecuting the patent application at the United States Patent and Trademark Office (USPTO). When the USPTO believes an application embodies an invention worthy of a patent, the USPTO grants a Notice of Allowance. Patentability Search.

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Patently-O

APRIL 3, 2024

by Dennis Crouch The United States Patent and Trademark Office (USPTO) recently proposed a new fee structure for fiscal year 2025 , which includes significant increases in various patent fees. This fits with the ongoing trend that a patent should be of a particular size.

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Patent Trademark Blog

AUGUST 11, 2021

What are patent claim amendments? Claim amendments are a natural part of the utility patent process. A typical utility nonprovisional patent application will receive at least one Office Action rejecting the claims. Amendments are, therefore, common and to be expected in the normal course of patent prosecution.

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IP Watchdog

JULY 26, 2021

Patent and Trademark Office (USPTO) in pendency and grant rates for petitions pertaining to premature final Office actions. In our last article, Part VI, we reported significant Technology Center (TC)-to-TC variation at the U.S.

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Selvam & Selvam Blog

AUGUST 11, 2023

Registrar of Trademarks rather scathingly pointed out a glaring error in an order passed by the Senior Examiner of Trademarks. The Trademarks Office (TMO) was directed to restore the Appellant’s application and to dispose of the same in an expeditious manner. In April this year, the Delhi HC in Blackberry Ltd v.

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LexBlog IP

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. Introduction. On January 6, 2022, the U.S. §101).

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Patent Trademark Blog

AUGUST 13, 2021

Depending upon your PCT filing date, that prior art search report may be issued sooner than an Office Action in a counterpart application. The patent office that is doing the prior art search will seek to issue a prior art search report within 16 months of the priority date. How to get an early PCT prior art search.

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IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Patents and the Magical World of Psychedelics by Bonnie Hassanzadeh. Introducing the College of Patent Agents & Trademark Agents. First Time Interpreting Patent Agent Privilege.

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Patent Trademark Blog

JULY 14, 2021

Furthermore, patent prosecution occurring after the initial filing will vary by each governmental patent office. Some IP offices may present a more challenging patent examination process than others. The USPTO is unique in that it requires every patent applicant to disclose known and relevant prior art.

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Kashishipr

NOVEMBER 24, 2021

Obtaining a patent is an uphill battle. Even after a patent is secured, it is not the end of all battles. There are instances where a patent holder may be deterred from enforcing his patent against an act of infringement on account of equitable defenses like unclean hands, estoppel, or laches. What is Inequitable Conduct?

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IP Watchdog

OCTOBER 23, 2022

Patent and Trademark Office (USPTO) is currently assessing comments collected pursuant to a pair of requests for public input, one focused on the agency’s subject matter eligibility guidelines for examining patent applications for 35 U.S.C. § Supreme Court case law.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

In November 2019, the agency sent warning letters to 15 companies, but it has taken little further action since then. Trademark protection is available for cannabis companies (canna-brands) through a combination of federal, state, and common law sources. Patent Prosecution.

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SpicyIP

JULY 22, 2023

It notes that despite the government initiatives to strengthen India’s IP regime, applying the ‘narrowly focused’ and ‘stringent’ patent laws toward AI applications remains challenging. Economic viability is not a metric for copyrightability, and a limited metric for patentability. It is not clear what this refers to though.

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JIPL Online

APRIL 22, 2021

Braeburn instituted an action against the FDA, alleging that the agency’s interpretation barring its drug was arbitrary and capricious. [ix]. With a few modifications, the FDA could employ similar claim construction as used by the United States Patent and Trademark Office.

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SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines The office of the Controller General of Patents, Design and Trademarks (CGPDTM) is inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines.

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Patent Trademark Blog

FEBRUARY 15, 2023

Will arguments be necessary in your utility patent application? Nine out of ten utility patent applications will get rejected at least once. So, yes, arguments will be required in the vast majority of utility patent applications. You would receive an Office Action containing claims rejections under a Section 102 heading.

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SpicyIP

DECEMBER 17, 2023

From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Highlights of the Week By Whom and How Are Our Patent Examiners Being Recruited? Read this post by Praharsh and Swaraj to find out more.

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SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Hetero Drugs Ltd [Delhi High Court].

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IIPRD

MAY 10, 2020

SIPP is envisaged to facilitate the protection of Patents , Trademarks , and Designs of innovative and interesting start-ups. Patent Facilitation Programme (TIFAC). The patent and IP applications are drafted and filed through IP firms on the panel of TIFAC and the cost for these filings is borne by Department.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

With the spike in economic growth in the battery and electric vehicle (EV) industries, the IP world is seeing a commensurate spike in battery patenting activity. Patent prosecution, portfolio, and strategic patenting considerations. The costs of obtaining and maintaining a global patent portfolio can quickly add up.

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LexBlog IP

OCTOBER 25, 2022

Patent and Trademark Office (USPTO) recently published a request for comments addressing a variety of topics related to generic drug and biosimilar competition. Senators sent a letter to the USPTO to consider changes to its regulations and practices to address “patent thickets.”

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SpicyIP

FEBRUARY 28, 2022

We’re pleased to inform you that LexisNexis has introduced LexisNexis PatentAdvisor Extension, a free web tool to display patent examiner statistics on USPTO Websites. LexisNexis Introduces LexisNexis PatentAdvisor Extension, Free Web Tool to Display Patent. Art unit’s average office actions to allowance. “As

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

As the battery and electric vehicle (EV) industries continue to grow, in tandem the IP world is experiencing an increase in battery patenting activity. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Figure 1: Battery Patent Filings: CPC Class H01M 1. Valued at $108.4

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