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.

Patent 98

Patent Government Designs Design 98

LexBlog IP

JULY 6, 2022

(C)-IPD 6/2022, the Petitioner (European Union) filed two writ petitions against two orders passed by the Controller General of Patents for deemed abandonment of its patent applications. The first patent agent filed Indian Patent Application No. The first patent agent filed Indian Patent Application No.

Patent Application 52

Patent Application Patent Intellectual Property Law 52

Patently-O

AUGUST 30, 2021

.” Full Scope Written Description : The Patent Act requires that the specification include “a written description of the invention.” The specification needs to convey that the inventor had “possession” of the claimed invention as of the patent application’s filing date. 35 U.S.C. §

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Inventor Invention Patent Patent Application 132

Selvam & Selvam Blog

NOVEMBER 5, 2022

November 4, 2022: The Madras High Court allowed the two writ petitions filed by the applicant with respect to two patent applications that were deemed abandoned by the Indian Patent Office on account of delay in filing the Request for Examination. In Chandra Sekar Vs. The Controller of Patents and Designs & Anr.

Patent Application 52

Patent Application Patent Inventor Intellectual Property 52

Kashishipr

DECEMBER 28, 2021

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. However, in this case, it is imperative to note that determining the scope of a patent is not easy. Bottom Line.

IP 105

IP Patent Invention Licensing 105

Patently-O

APRIL 30, 2024

Services like All Prior Art are using AI to churn out and ‘publish’ many millions of generated texts, hoping some will preempt future patent applications. ” Lidiya Mishchenko , Thank You for Not Publishing (Unexamined Patent Applications) , 47 B.Y.U. .” See my 2014 post. Amgen Inc.

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Art Invention Patent Application Publishing 111

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

Patent 52

Patent Patent Application Government Designs 52

SpicyIP

SEPTEMBER 11, 2023

First thing first, let’s unfold the case: The case involves a writ petition challenging the abandonment of a patent application and praying for its restoration. Here, the background is that the Petitioner hired Mr. Naveen Chaklan of M/s Delhi Intellectual Property LLP to deal with his patent application.

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Government Trademark Patent Patent Application 105

Selvam & Selvam Blog

JUNE 7, 2024

In a recent ruling dated April 4, 2024, the Madras High Court addressed a significant issue regarding the procedural timelines in patent filings. He filed a patent application on August 5, 2021. Consequently, the patent application was deemed abandoned under Section 21(1) of the Patents Act, 1970.

Reporting 52

Reporting Patent Application Patent Intellectual Property 52

Kashishipr

NOVEMBER 3, 2021

Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications. In 2003, the photocopier firm Xerox came up with an advertisement that read, “When you use ‘Xerox’ the way you use ‘aspirin,’ we get a headache.”

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Trademark Branding Brands Branding 105

Patently-O

AUGUST 29, 2022

CFMT’s two asserted patents claimed improved apparatus/method for cleaning semiconductor wafers using a specific closed-environment setup. After filing for patent protection, the inventors were hired by Texas Instruments (TI) to implement a version of the system. CFMT, Inc. YieldUp Int’l Corp. , 3d 1339 (Fed.

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Inventor Invention Patent Application Art 83

IP and Legal Filings

DECEMBER 22, 2021

If the patent claims are translated in a wrong manner, then there are chances that the claims might get narrowed or even get broadened. In any of the cases, it can be costly for the applicant in the case, any third party sues the applicant concerning the patent application. Also in 35 U.S.C.

Patent 97

Patent Contracts Patent Application Invention 97

Biswajit Sarkar Copyright Blog

SEPTEMBER 27, 2023

August 22, 2023, the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, proposed the Patents (Amendment) Rules, 2023. This set of amendments if accepted has the potential of altering the entire patent ecosystem of the nation. Hence, a well thought of change is the need of the hour.

Patent 52

Patent Invention Patent Application Designs 52

Patently-O

JANUARY 4, 2024

Winston Strawn Plagiarism Complaint Winston Strawn Plagiarism Attachments I recall being asked to draft my first patent infringement complaint back in early 2003 – a few months after graduating from law school. Similar issues also came up in the patent information disclosure statement cases a decade ago.

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

Patently-O

FEBRUARY 10, 2022

The parties agree that the products described in the letter embody the design that was later patented. February 2000 : Junker filed his patent application that led to the D’839 patent. In 2003, Junker filed a reissue application seeking to claim that benefit. 102(b) (pre-AIA). Image below).

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Business Patent Invention Design Patent 78

IP and Legal Filings

MARCH 27, 2024

The share of “DTS-i Technology” had a notable surge from 2003 to 2008, suggesting that the product protected by the Applicant’s patent had gained considerable popularity in the market. The idea of presuming the validity of a patent. REFERENCES Under section 108 of the Patents Act, 1970.

Invention 89

Invention Patent Patent Infringement Technology 89

Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

Following the patent search, one should draft the patent application effectively. The application should include various parts such as claims, background, description, drawing, abstract and summary. Filing the patent application. A receipt is then generated with the patent application number.

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Registration Patent Invention Inventor 40

IP and Legal Filings

AUGUST 8, 2024

A patent which is granted in the territory of India can only be discharged within the borders of India, meaning the Patent rights are territorial in nature. Which means that there is no “Worldwide Patent”. Nonetheless, if a patent application is filed in India, that leads to the protection of the patent internationally.

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Patent Invention Inventor Patent Application 94

IP Tech Blog

JUNE 30, 2021

The Manual of Patent Examining Procedure (MPEP) 608.01(p) Failure to do so raises an inequitable conduct issue related to the applicant’s duty of disclosure, as discussed in our related posts here and here. In fact, a patent application does not need to provide a guarantee that a prophetic example actually works!

Invention 52

Invention Inventor Patent Application Art 52

Intepat

JUNE 18, 2024

In the National Phase of the PCT Application there is no option for the applicant to automatically avail the examination of the Application. The Patent Application will only be examined only when the applicant or any other interested person makes a request for such an examination. But the catch is here.

Patent Application 52

Patent Application Government Publishing Patent 52

SpicyIP

MARCH 21, 2024

The Department for Promotion of Industry and Internal Trade (DPIIT), under which the Patent Office functions, has published for consultation a set of proposed amendments to the Patent Rules, 2003. Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office.

Patent 52

Patent Patent Application Government Reporting 52

SpicyIP

SEPTEMBER 15, 2023

Almost two years after the 2021 amendments to the Patent Rules 2003, the Ministry of Commerce and Industry has proposed a fresh set of amendments which, if accepted, can change the Indian Patent landscape substantially. Ram Manohar Lohiya National Law University, Lucknow. Varsha is a 5th year law student pursuing B.

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Patent Invention Patent Application Public Domain 105

Selvam & Selvam Blog

JULY 22, 2024

In a recent decision, the Delhi High Court addressed a petition challenging the abandonment of a patent application for a “Blind-Stitch Sewing Machine and Method of Blind Stitching.” ” The patent application was filed on August 3, 2019, followed by a request for examination on February 21, 2022.

Trademark 52

Trademark Patent Patent Application Intellectual Property 52

SpicyIP

MAY 14, 2024

The term ‘Working Example’ as such is neither used nor defined anywhere in the Patent Act, 1970, Patent Rules, 2003 or, the Manual of Patent Office Practice & Procedure, 2019. In some applications, these are also mentioned as ‘use examples’. In this post I would like to flag some issues with this approach.

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Invention Patent Application Patent Designs 59

Patently-O

MAY 2, 2022

The original patent application was filed Feb 9, 2021 –one year and two days later and outside the one year grace period. This case is one where savvy patent attorneys would have helped: (1) filing the patent application earlier; or (2) drafting the contract so that it is not a “sale.”

Invention 83

Invention Contracts Licensing Inventor 83

Intepat

MARCH 16, 2021

This will be beneficial for the applicants filing PCT applications claiming priority from Indian Patent applications and the Examiners at the IPO and WIPO who are handling such applications. 49 in the First Schedule of the Patent Rules, 2003.

Copying 52

Copying Intellectual Property Patent Application IP 52

SpicyIP

JULY 23, 2021

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. It, thus, makes it important to look at the disclosures that are required to be made by patentees regarding the working of their patents.

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Patent Licensing Invention Government 126

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 7, 2021

After the jury trial in March, 2021, the jury found unanimously that Apple infringed at least one of the claims 13, 14, 15, or 16 of the ’091 Patent. In its fact findings, the court noted that PMC and its inventors prosecuted their patent applications “serially.” However, the notice of abandonment was withdrawn by the PTO.

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Litigation Patent Patent Application Technology 52

Patently-O

APRIL 10, 2022

The normal rule of claim construction is that claim terms should be given “the meaning that the term[s] would have to a person of ordinary skill in the art in question at the time of the invention, i.e., as of the effective filing date of the patent application.” ” Phillips v. 3d 1303 (Fed. 2005)(en banc).

Invention 81

Invention Art Litigation Patent 81

LexBlog IP

SEPTEMBER 20, 2023

The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has recently published a set of draft amendments (“Draft Rules”) to the Indian Patent Rules, 2003. The amendments are currently open for comments from the public.

Publishing 52

Publishing Patent Invention Patent Application 52

SpicyIP

NOVEMBER 9, 2023

Interestingly, the first patent for Sirturo was filed on 18/07/2003 ( PCT/EP2003/050322 ), meaning it is (more than) 20 years since their first filing. And earlier this year, the Indian patent office rejected their attempt to file a secondary patent on the drug.

Patent 69

Patent Reporting Government Ownership 69

More Than Your Mark

NOVEMBER 30, 2018

Patents have issued with at least one claim containing the word “cannabis” or “cannabinoid.” The USPTO applies the same legal standard when reviewing utility patent applications related to cannabis, as it does to all other inventions. In short, a substance’s Schedule I classification is irrelevant to its patentability.

Patent 52

Patent Invention Patent Infringement Blogging 52

Patently-O

MAY 23, 2024

Patent Application No. Under the pre-AIA first-to-invent patent system, if two parties claimed the same invention in separate patent applications or patents, the USPTO could declare an interference proceeding to determine which party was the first to invent and thus entitled to the patent.

Invention 45

Invention Patent Application Patent Publishing 45

SpicyIP

AUGUST 3, 2023

In July 2007, Aysha Shaukat’s post first discussed how Pakistan was planning to take legal action against India for patenting ‘Super Basmati’. However, it later turned out that there was no patent application for the Super Basmati, but rather, as Aysha said, it was a “proverbial case of the media conflating IP terms”.

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Registration IP Copyright Blogging 98

SpicyIP

MARCH 29, 2024

Third, patentability of a method of agriculture- the issue of Section 3(h). The Factual Matrix Mitsui Chemicals (Appellant) filed a patent application in India through the PCT route in 2009. The application claimed priority from a Japanese application and the PCT claims was directed towards- “1. Let’s dive in.

Invention 52

Invention Patent Application Copying Patent 52

U.S. Department of Commerce

MAY 27, 2021

Designed to enable users to surf the Internet and navigate Web pages through a computer’s numeric keypad instead of a mouse, HPR debuted in 1997; by 2003, it was widely used around the world. She is the recipient of numerous awards, including the Achievement Award from the Society of Women Engineers, and holds more than 20 patents.

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Inventor Invention Technology Business 70

SpicyIP

AUGUST 14, 2023

Other Posts Timelines under Rule 138 of Patent Rules are to be interpreted strictly and there cannot be any leeway under Rule 49.6 of PCT Regulations, says Delhi High Court The DHC ruled that timelines for filing national phase applications cannot be extended, in light of India’s reservation to the PCT Regulations on this.

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Trademark Registration Art Reporting 98