IP Law 360

MAY 30, 2024

The Patent Trial and Appeal Board has issued a pair of rulings wiping out claims in two patents asserted by a litigation outfit targeting the way that ads work on YouTube, but the decisions included a rare dissent-in-part from an administrative judge who disagreed on how a 2005 Sony patent application fit into the dispute.

Patent Application 52

Patent Application IP Litigation Patent 52

Patently-O

NOVEMBER 17, 2022

The chart below highlights an important trend in patenting: increased joint-inventorship where the inventors reside in different countries. Further, residence is typically designated at the time the patent application is filed, and inventors may have moved in the interim between inventing and their US filing. by Dennis Crouch.

Invention 75

Invention Inventor Patent Application Reporting 75

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.

Patent 72

Patent Patent Application Intellectual Property Law 72

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

Patent Infringement 113

Patent Infringement Patent Patent Application Intellectual Property 113

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.

Patent 52

Patent Patent Application Government Reporting 52

SpicyIP

SEPTEMBER 19, 2023

Image from here The Draft Patent (Amendment) Rules, 2023 is quite the mixed bag. The Indian patent prosecution stage holds a very important spot in the overall patent regime of the country. Union of India where the Delhi High Court observed the delay in patent prosecution owing to both the applicants as well as the opponents.)

Patent 88

Patent Patent Prosecution Patent Application Publishing 88

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.

Editing 52

Editing Patent Inventor Invention 52

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. Apparently so, indicates a Bombay High Court order!

Patent Application 127

Patent Application Patent Registration Publishing 127

Patently-O

MAY 25, 2023

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.

Invention 72

Invention Inventor Art Patent Application 72

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.

Design 40

Design Designs Patent Invention 40

Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

Invention 128

Invention Patent Inventor Intellectual Property 128

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.

Patent 69

Patent Reporting Government Ownership 69

The IPKat

JULY 17, 2023

The Board of Appeal decision in T 450/20 is in line with the trend, finding that the description of a patent could not be mined for a definition limiting the meaning of the claims. Furthermore, in an easy to miss but critical passage, the Board also ruled out any role for the description of the patent application in claim interpretation.

Patent Application 92

Patent Application Art Patent Invention 92

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. Large firms sometimes monopolize obvious inventions, and in such cases, patent trolls can help small businesses fight back.

Patent Troll 40

Patent Troll Patent Invention Licensing 40

SpicyIP

JULY 22, 2024

Journey Through “Marchs” on SpicyIP (2005 – Present) After a brief hiatus, Lokesh Vyas is back with the flashback series looking at SpicyIP posts through the years, from 2005 to present date. Controller of Patents for its non-speaking order rejecting a patent application. Other Posts Ulm University v.

Registering Trademarks 86

Registering Trademarks Licensing Trademark Advertising 86

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.

Invention 118

Invention Patent Application Patent Art 118

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.

Patent 52

Patent Inventor Invention Art 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 10, 2022

Helen brings more than a decade of experience as a top-flight adviser to the industry on patent and IP issues,” said John Adkisson , president and chief executive officer of Fish. Baca focuses her practice on IP portfolio management, strategic client counseling, and patent prosecution in diverse scientific and engineering fields.

Patent Prosecution 52

Patent Prosecution IP Patent Application Patent Infringement 52

SpicyIP

SEPTEMBER 16, 2024

Soon after Yogesh’s blog recent post ( here ) highlighting the change in the Head of the IT office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) in light of a 27 August 2024 notification ( pdf ), it made sense to look at the broader issues that have been facing the CGPDTM. 8398/2024). 8398/2024).

Advertising 104

Advertising Advertising Reporting Design 104

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. Examining application of Section 8(1)(d). What is this ‘intent’ anyway?

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

The IPKat

FEBRUARY 8, 2022

Legal Background: The EPO's joint applicant approach Joint applicants The EPO's joint applicants approach finds legal basis in Article 118 EPC , in view of its interpretation by the Board of Appeal in T 1933/12. The cases cited in the referrals both stemmed from the PCT application WO 2005/110481 (P2).

Inventor 126

Inventor Designs Design Patent Application 126

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. can significantly complicate the coordination of a global patent strategy. PDF copy available.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

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. Introduction. The answer is yes.

Patent 40

Patent Invention Public Domain Patent Application 40

Patently-O

NOVEMBER 6, 2023

Part of the issue here is that most Federal Circuit judges have construed thousands of patents and are deeply immersed in the law of claim construction — while most district court judges see claim construction as a small part of a patent case, which itself is a small part of their overall docket. Patent Nos. 3d 1303 (Fed.

Patent Application 69

Patent Application Patent Prosecution Patent Inventor 69

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.”

Patent Law 52

Patent Law Invention Patent Application Art 52

IP and Legal Filings

JANUARY 30, 2023

Types of IPR Basically, there are four types of IPR Patent Trademarks Copyrights Trademark and Metaverse Trademark is the visual symbol that differentiate between trademarked goods and services from each other. Patent and Metaverse Over the past ten years, there have been an increasing number of metaverse-related patent filings.

Intellectual Property 97

Intellectual Property Non-Fungible Tokens Trademark Copyright 97

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?

IP 59

IP Trademark Copyright Registration 59

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!

Business 52

Business Invention IP Intellectual Property 52

Patently-O

APRIL 10, 2022

1, 2022), shows us subtle dividing lines between applicant statements (1) that create a disclaimer compared with those (2) that are merely helpful for interpretation. The decision offers solace to careful patent prosecutors that the courts should not unduly extrapolate upon arguments distinguishing the prior art. 2005)(en banc).

Invention 81

Invention Art Litigation Patent 81

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.

Invention 59

Invention Trademark IP Patent 59

SpicyIP

MAY 15, 2023

The series presently contains 50+ Copyright related empirical studies and 50+ Patent related empirical studies published over the period of the last 15 years, and this will continue to be expanded over time. Inviting Applications for the SpicyIP Doctoral Fellowship! Case: Sun Pharma Laboratories Ltd vs Cian Healthcare Ltd & Anr.

Trademark 92

Trademark Registration Cease and Desist IP 92

Kashishipr

OCTOBER 20, 2021

The evergreening of patents is a common element of pharmaceutical patents. The evergreening of patents is a common element of pharmaceutical patents. The most crucial method that global medicine enterprises use is drug evergreening of patents.

Patent 105

Patent Intellectual Property Inventor Government 105

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 19, 2021

2018), which held that, for Seventh Amendment purposes, patent, copyright, and trademark infringement claims are appropriate analogues to trade secret claims. The plaintiff’s licensor had filed a patent application on the product that had not yet been published. Renesas Electronics America, Inc., 3d 1304 (Fed. In 02 Micro Inter.

Patent Application 52

Patent Application Law Patent Publishing 52

The IPKat

OCTOBER 24, 2022

The Patent Gods aren not always benevolent forces, however. The case raises the importance for patent attorneys and litigators alike - it is good to be armed with a suite of narrower dependent claims in prosecution or conditional amendment in litigation. There are two main embodiments in the Patent. Here is what happened.

Invention 40

Invention Patent Litigation Patent Application 40

LexBlog IP

SEPTEMBER 17, 2021

In recognition of these challenges, federal courts have long recognized that trade secrets should be entitled to an inference of use once evidence of access and similarity of the trade secrets is presented, because misappropriation can rarely be proved by direct evidence. As the U.S. Court of Appeals for the Sixth Circuit explained in Stratienko v.

Confidentiality 52

Confidentiality Invention Technology Patent Application 52

SpicyIP

JANUARY 27, 2024

We have traversed through Junes , Julys , Augusts , Septembers , Octobers , and Novembers and shared some stories like 10 years of the Google Books Library Project, the Presumption of validity of patents, Corruption in IP Offices, the Serial Crisis in India, Law Making via Leaked Documents, etc. Did you miss anything? Don’t worry.

IP 64

IP Licensing Copyright Blogging 64

SpicyIP

JUNE 13, 2022

In India, algorithms are excluded from patent protection and being mere ideas, do not qualify for copyright protection either. This is line with the requirements under the Right to Information Act, 2005 which requires the State to act transparently. They may, however, still be commercially valuable and are often held as trade secrets.

Confidentiality 121

Confidentiality Technology Government Ownership 121