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Cross-Border Inventing

Patently-O

The chart below highlights an important trend in patenting: increased joint-inventorship where the inventors reside in different countries. The top (blue-circle) series looks generally at cross-border joint-inventing while the lower (orange-square) series reports a subset where at least one of the inventors has a US residence.

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When can/not a Patent Application be Divided? Part II: Claims & Pluralities

SpicyIP

This second part continues where that post left off, and brings us analysis on whether or not, for the purposes of maintaining a divisional application, there must be a plurality of inventions in the claims of the parent application. When can/not a Patent Application be Divided? Part II: Claims & Pluralities.

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Challenges of Proving Inventorship: Corroboration of All Inventive Facts

Patently-O

2023) The case involving Medtronic and Teleflex centered on five patents related to a coaxial guide catheter used in interventional cardiology procedures. In an attempt to invalidate these patents, Medtronic launched a succession of Inter Partes Review (IPR) petitions. Patent 7,736,355 (“Itou”) could be regarded as prior art.

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Guest Post: DABUS Gains Traction: South Africa Becomes First Country to Recognize AI-Invented Patent

Patently-O

Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications. Stephen Thaler and Prof.

Invention 128
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Battle for gene editing: the US Appeals Court rules on CRISPR patents

Garrigues Blog

In this case, the PTAB issued a decision on the so-called “interference process” –a procedure that determines, between two or more patents in dispute, which has priority according to the “first-to-invent” system–.

Editing 52
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The Curious Question of Who Is An “Any Person” Part 1: BHC and Diluting of Pre-Grant Oppositions

SpicyIP

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. Widened Locus Standi. Cipla Ltd & Ors.

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Interpretation of Section 16(1) of the Indian Patents Act in Syngenta Limited vs. Controller of Patents and Designs

Selvam & Selvam Blog

This section pertains to the power of the Controller to make orders regarding the division of patent applications, specifically focusing on scenarios where a divisional application is filed to address objections raised by the Controller. This interpretation aligns with the statutory language and the absence of a comma.

Designs 40