The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. 9,980,498 (the “’498 Patent”). The dispute arose between HIP, Inc. (“HIP”)

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Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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Patently-O

FEBRUARY 27, 2024

While these new guidelines are not legally binding, they offer important insight into how the Office plans to apply an even more flexible approach to obviousness — something Director Vidal sees as mandated by the Supreme Court’s 2007 decision in KSR Int’l Co. 398 (2007). Teleflex Inc. , 2500 words). Read the Guidance Here.

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Intepat

APRIL 20, 2022

Patentable requirements. To be granted a patent, an invention by the applicant must be novel, non-obvious, and such that it can be manufactured or used in industry. For instance, the European Patent Convention only demands the enablement requirement be fulfilled ( Article 83 ). . Indian Patent Position.

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The IPKat

FEBRUARY 21, 2023

Much of patent prosecution and opposition at the EPO is an advanced game of spot the difference. Subtle differences between the application as filed and the claimed subject matter can be fatal to a granted European patent. The patent was granted with a priority date of 28 Nov 2007.

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Patent Application Invention Patent Prosecution Patent 90

LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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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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Patently-O

FEBRUARY 19, 2024

Vanda sued, but lost on obviousness grounds — with the court holding that the claimed combination was obvious because it was directed to a set of known elements and a person of ordinary skill would have a “reasonable expectation of success” in reaching the resulting invention. NAPP Amicus Brief. Greenwood , 52 U.S. (11

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IP and Legal Filings

MARCH 27, 2024

ABSTRACT The legal dispute between Bajaj and TVS Motors centers around the alleged unauthorized use of the DTSi patent. This case holds significant importance not only due to the financial implications for the involved parties but also due to its implications for the application of the doctrine of pith and marrow. Motor Company Ltd.)

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LexBlog IP

SEPTEMBER 16, 2022

” [1] His point was simple and well taken—every invention is a combination of something old. ” That is, inventions that yield predictable results are far less likely to be considered patentable. But inventions that yield unexpected results are more likely to overcome these arguments of predictability.

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Patently-O

FEBRUARY 16, 2023

by Dennis Crouch Bottom line in this new Minerva case — file your patent application before bringing a new product to a trade show. Minerva’s ‘208 patent claims a device for endometrial ablation and includes a 2011 priority filing date. Minerva Surgical, Inc. ” See, Delano Farms Co. 3d 1243 (Fed.

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LexBlog IP

NOVEMBER 9, 2023

” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. 9,980,498 (the “’498 Patent”). The court in Pannu v.

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Inventor Invention Art Patent 52

The IPKat

AUGUST 16, 2021

Over to Konstantin for the story and his take on the developments: "Some may associate businesses whose primary aim is to assert patents in litigation to obtain license revenue with the Eastern District of Texas or the Unwired Planet decision in the UK, and not think about cases further afield from Marshall, Texas or London.

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LexBlog IP

FEBRUARY 15, 2022

10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales, can be detrimental to one’s ability to obtain both design and utility patents. Design Patent No. D450,839 (the D‘839 Patent) for a catheter introducer sheath. Components, Inc. ,

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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 16, 2024

Pharmaceutical innovators are voicing concern that these disclosures are increasingly being used as prior art to invalidate patents arising out of, or otherwise relating to, these trials, in a manner that threatens to disincentivize investment in pharmaceutical innovation. A recent Federal Circuit decision, Salix Pharms., Teva Pharms.

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Patently-O

SEPTEMBER 19, 2022

In Arthrex , the Supreme Court rewrote the Patent Act, charging the USPTO Director with authority to review final written decisions stemming from inter partes and post grant review proceedings (IPR/PGR). One open question is the Director’s role in mill run patent applications that have been rejected by the Board.

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LexBlog IP

MAY 9, 2023

9,980,498 (Bacon Patent) were recently scorched by the Federal Circuit. In 2007, Unitherm Food Systems (HIP’s predecessor) entered into a joint development agreement with Hormel to develop an oven that would be used in this two-step cooking process. Efforts by HIP, Inc. to have David Howard added as an inventor to Hormel’s U.S.

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IP Intelligence

APRIL 19, 2023

But what happens when a prior art reference discloses some aspects of the claimed invention and incorporates by reference additional prior art references that disclose other aspects of the claimed invention? 127 patent at abstract. Claim 1 of the ’127 patent is as follows: 1. The ’127 patent incorporates by reference U.S.

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LexBlog IP

APRIL 19, 2023

But what happens when a prior art reference discloses some aspects of the claimed invention and incorporates by reference additional prior art references that disclose other aspects of the claimed invention? ” ’127 patent at abstract. Claim 1 of the ’127 patent is as follows: 1. Patent Publication No.

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Patently-O

OCTOBER 6, 2023

The first part has to do with motivation-to-combine, with the decision offering some good language for patent prosecutors attempting to overcome weakly worded office actions. 398 (2007). [I]f The invention particularly employs “link adaptation” and “incremental redundancy” to optimize channel coding. Sierra Wireless, Inc. ,

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Patently-O

NOVEMBER 30, 2021

November 30, 2021 ), the Federal Circuit has extended that metaphor and found Biogen’s patents invalid for lack of written description. held a bench trial and concluded that the asserted claims Biogen’s MS treatment-method patent invalid for lack of written description. ‘514 patent. Biogen’s U.S.

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Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

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SpicyIP

SEPTEMBER 11, 2023

Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled! Just a day after conducting the Preliminary exams for the recruitment of the Patent and Design Examiners, the Quality Control Council of India (QCI) on September 4, announced that the same has been cancelled due to “some irregularities/ technical glitches.”

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LexBlog IP

NOVEMBER 1, 2021

PatentNext Summary: In order to prepare applications for filing in multiple jurisdictions, practitioners should be cognizant of claiming styles in the various jurisdictions that they expect to file AI-related patent applications in and draft claims accordingly. In this article, we will compare two applications, one in the U.S.

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