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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LexBlog IP

OCTOBER 19, 2021

Recent Federal Circuit decisions call into question the value of patents broadly claiming inventions on antibodies and their function in treating debilitating diseases. 16, 2021), the Federal Circuit again dealt with patents broadly claiming antibodies. In Teva Pharmaceuticals Int’l GmbH v. Teva argued neither existed.

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LexBlog IP

DECEMBER 15, 2023

Patent 7,736,355 (“the ’355 patent”) does not qualify as prior art to related U.S. Patents 8,048,032, RE45,380, RE45,776, RE45,760, and RE47,379 (collectively, “the challenged patents”) under pre-AIA’s first-to-invent provisions. Teleflex Innovations S.A.R.L. , § 102(e).

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Intepat

OCTOBER 10, 2024

Introduction Patent trolls are entities that do not actively develop their inventions but instead acquire patent rights for obvious inventions to prevent others from working on them or to collect licensing fees. In a way, patent trolls serve a purpose, much like lawyers.

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Olartemoure Blog

MARCH 1, 2024

However, we do know about the first self-propelled wheelchair that was invented in 1655 by Stephan Farfler in Nuremberg , a 22 year old paraplegic clock-maker who built it to aid his own mobility. 15, 2005 This convertible wheelchair has a detachable lift module that elevates the chair at three secure points. Mulhern and Stephen J.

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Garrigues Blog

JULY 26, 2023

The Danish company SNIPR Biome, which researches and develops CRISPR-based microbial gene therapy, has obtained a favorable decision in defense of its patents. However, this new system is not retroactive and is applicable to patents or patent applications containing claims with a filing date as from March 16, 2013.

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Selvam & Selvam Blog

AUGUST 28, 2023

The legal case of Syngenta Limited vs. Controller Of Patents And Designs revolves around the interpretation of Section 16(1) of the Indian Patents Act. Background: Syngenta Limited filed an original patent application in 2005, detailing an invention concerning agrochemical concentrates.

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The IPKat

OCTOBER 31, 2021

Patents set themselves apart from other IP rights as inventions are often composed of multiple physical components or steps in a method, which does not necessarily have to exist or be performed at the same time and place. The traditional notion that patents are territorial rights is, however, under considerable stress.

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SpicyIP

AUGUST 1, 2021

The Report focuses on reviewing the working of the Patents Act since its 2005 amendment that brought the Indian legislation in compliance with the TRIPS Agreement. A significant portion of the Report is dedicated to suggesting changes to the Patents Act, albeit without much justification on why these changes are needed.

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Intellectual Property Law Blog

JULY 31, 2023

Background The ’127 patent is directed to an invention that provides stable nucleic acid-lipid particles (“SNALP”) that have non-lamellar structure and “comprise a nucleic acid … methods of making SNALP, and methods of delivering and/or administering the SNALP.” ’127 127 patent, Abstract. 127 patent, col. 44-60; col.

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SpicyIP

JANUARY 20, 2023

COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues Last month, the patent battle between COVID-19 mRNA vaccine manufacturers continued with BioNTech/Pfizer filing a strong defense and counter-claim to Moderna’s allegations of patent infringement. Patent no. ’127

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SpicyIP

FEBRUARY 18, 2024

Can Section 3(d) be applied to a non pharmaceutical invention? Controller of Patents and Designs made some interesting observations on these issues. Amit is a registered Patent Agent and is currently part of IP litigation team at Sun Pharmaceuticals. if yes, what can be ‘efficacy’ for such a subject matter?

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SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Image from here A ‘Captured’ Patent Office? Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office. Prashant Reddy T.

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Patently-O

OCTOBER 10, 2022

Today in Patent Law Class, we covered the Supreme Court’s important decision in Markman v. 370 (1996) focusing on the question of whether the patentee has a 7th Amendment right to have a jury decide “genuine factual disputes about the meaning of a patent?” by Dennis Crouch. Westview Instruments, Inc., Sandoz, Inc. ,

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Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127. 101, 102, 103, and/or 112.”

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Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine.

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LexBlog IP

APRIL 20, 2023

Last month the Federal Circuit affirmed a PTAB inter partes review (IPR) decision finding that the University of Minnesota’s patent claim directed to the anti-cancer drug sofosbuvir was not adequately supported by the written description in the applications to which it claimed priority. Gilead Sciences , Inc.

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SpicyIP

FEBRUARY 23, 2023

In fact, a very similar ‘invention’ was made by Remya Jose, a 10 th grade school student from rural Kerala, in the early 2000s. Efforts were made to commercialise this innovation – re-designing to lower costs, a patent was filed, licensing and royalty sharing agreements were entered into, but mostly in vain, at least in India.

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Marketing Marketing Invention Patent 126

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. They have also not specified which patents are covered by this.

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Patently-O

SEPTEMBER 6, 2023

Patent Nos. These patents claim methods and systems for exchanging frequency information between a mobile station and a mobile switching center to facilitate switching a mobile device’s connection point within a cellular network. The term is used throughout both the patent specification and the claims. 22-1387 (Fed.

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Patently-O

MARCH 7, 2023

Going forward, a patentee might avoid this particular problem with some patent attorney tricks. patents assert priority to at least one prior patent application filing. In addition to the formal paperwork, the original application must sufficiently disclose the invention as claimed in the later patent.

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Invention Patent Application Patent Art 118

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. She has been working in the field of access to medicines, patents and IP for more than a decade.

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SpicyIP

APRIL 21, 2022

A recent order by the Delhi High Court in the case of Agriboard International Llc vs Deputy Controller Of Patents brought up the very relevant issue of the requirement of the Patent office to issue “speaking orders” while rejecting a patent application. Can ‘any person’ be understood to mean ‘only some people’?

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. However, different countries have different patentability requirements and prosecution schemes, and these differences.

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The IPKat

MARCH 7, 2022

The question before the Irish Courts was whether a second SPC (SPC 2005/01) based on this combination product was valid. The patent on which the INEGY SPC was based ( EP(IE) 0720599 ) related to ezetimibe, and mentioned that ezetimibe may be administered in combination with a list of known statins, including simvastatin.

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IIPRD

FEBRUARY 19, 2021

Recently, the office of Controller General of Patents, Designs & Trade Marks granted a patent to a ragi walnut soup mix prepared by the 52-year old woman, Shubhangi Patil. In her patent application, she claimed that her soup is free from preservatives and artificial additives. It should be non-obvious or an inventive step.

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SpicyIP

JULY 5, 2021

In Rajeev Kumar vs Jamia Millia Islamia (12th April 2021), an extremely interesting tussle was seen with the copyright over a thesis being pitted against a person’s right to obtain information under the Right to Information Act, 2005. 12 ) or anywhere else, because granting of patents necessarily includes publication of invention.

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Patently-O

NOVEMBER 11, 2021

We do a moot court competition every year in my basic patent law course at the University of Missouri. This year’s case is based directly on Judge Gilstrap’s recent patent eligibility decision in Mad Dogg Athletics v. As you think about this case, consider claim 1 of the ‘240 patent: 1. by Dennis Crouch.

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IP and Legal Filings

MARCH 1, 2023

Typically, they give the creator the only, time-limited right to use his or her invention and creation. [i] This article talk about the National IPR Policy which envisages a single platform for all the different types of IPR, for example, patent, trademark, copyright etc. But patenting research will make it hard for others to access.

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Intellectual Property IP Government Invention 87

IP Intelligence

MARCH 7, 2022

Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the description.”[i] application; and (d) “relevant and not related to unique aspects of foreign patent law.”

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Patently-O

APRIL 11, 2022

Patent law’s definiteness requirement is derived from the requirement that patent claims “particularly pointing out and distinctly claiming the subject matter” of the invention. 2005) (there must be some “objective anchor”). ” Nautilus, Inc. Biosig Instruments, Inc. , 898 (2014).

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IIPRD

JUNE 13, 2024

AI and intellectual property rights (IPR) aren’t just something for the patent and copyright geeks to nerd out on although it is that, it is something that going to have a lot of commercial and social impacts as AI challenges a lot of the ways we function in IPR. This marks a significant shift in the prevailing paradigm.

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SpicyIP

MARCH 4, 2024

Controller Gen of Patents: The DHC’s Dilemma of Identifying the Method of Treatment under Section 3(i) of the Patent Act In the context of Section 3(i), the DHC recently clarified that a ‘method of treatment’ is distinct from a ‘method of producing a substance’ that can later be used in the treatment.

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Patently-O

JANUARY 4, 2024

PureCircle sued SweeGen for patent infringement back in 2018, asserting U.S. Patent Nos. The patents here claim a method of making Rebaudioside X. Claims 1 and 14 of the 273 patent were treated as representative for the case: 1. However, the patents disclosed only a single species – UGT76G1. 3d 1336 (Fed.

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Patently-O

APRIL 10, 2022

The decision offers solace to careful patent prosecutors that the courts should not unduly extrapolate upon arguments distinguishing the prior art. 2005)(en banc). the examiner accepted a distinguishing argument and issued the patent — leading to the case at hand. 6,219,730 stems from his invention of a “voice mouse.”

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Invention Art Litigation Patent 81

Dragons' Den

JANUARY 12, 2023

It's hard to believe that Dragons’ Den has been around since 2005. Their patented bed extender PillowShelf intended to sell the dream of a decent night’s sleep to tall people. This instantly caught the attention of 6ft 7 Peter Jones who showered their patented product with praise, calling it ‘genius’. Kiss the pug for luck!

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SpicyIP

NOVEMBER 13, 2023

Highlights of the Week India Accelerates in the Patent Race: But Is There a Pot of Gold at the End of the Rainbow? Image from here The World IP Indicator 2023 highlights India’s progress in the global patent race. Johnson & Johnson’s “Non-Enforcement” of Bedaquiline Patents: What has Actually been Gained?

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