The IPKat

SEPTEMBER 20, 2021

Published since 2007, the GII has been a useful source of analysis for measuring innovation. Switzerland and Sweden lead “in international patent applications filed via WIPO’s Patent Cooperation Treaty (PCT)”. The 14th edition of the Global Innovation Index (GII) was released today.

Intellectual Property 134

Intellectual Property Editing Publishing Reporting 134

Patently-O

MARCH 7, 2023

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. The early filing date helps avoid would-be intervening and invalidating prior art.

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Invention Patent Application Patent Art 118

Patently-O

JULY 8, 2022

By the time Tris filed its patent application, several other methylphenidate oral formulations & extended release versions were already on the market, including Concerta, Daytrana, Focalin XR, Metadate CD, and Ritalin LA. As you can see, there was a substantial rise in its use beginning in 2006 during the lead-up to KSR (2007).

Art 124

Art Marketing Marketing Patent 124

SpicyIP

AUGUST 3, 2023

The issue has simmered on SpicyIP pages since 2007. In July 2007, Aysha Shaukat’s post first discussed how Pakistan was planning to take legal action against India for patenting ‘Super Basmati’. And we have often highlighted this on the blog. For instance, Prof. Raju’s thoughts in the comments section).

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Registration IP Copyright Blogging 98

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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Art Invention Patent Application Patent 122

SpicyIP

APRIL 30, 2024

Background The appellant (Microsoft) filed a patent application on 27 February 2012 for an invention titled “Message Communication of Sensor and other Data.” ” The invention aimed to simplify the communication of sensor data to applications by converting raw sensor data into lightweight messages.

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Invention Art Design Designs 111

SpicyIP

MARCH 9, 2025

Madras High Court and the (Mis-Placed) Judicial Economy: Analysing the Clouds Behind the Silver Lining The Mad HC single bench upheld the dismissal of a patent application but curiously analyzed only one objection from the Controllers dismissal and deemed the rest unnecessary to be evaluated. 3(i) of the Patents Act.

Trademark 59

Trademark Patent Copyright Patent Application 59

Patently-O

NOVEMBER 30, 2021

For this type of analysis, the courts look to the Written Description requirement as one way to ensure that a patent’s exclusive rights are commensurate with what was actually invented. Here, for prior art purposes, the patentee needs to claim priority back to its original provisional application filed back in 2007.

Art 122

Art Invention Patent Inventor 122

The IP Law Blog

FEBRUARY 2, 2023

Second, they must be nonobvious over the prior art (similar inventions that existed before the patent application was filed and are known to the public). 20, 2023), the Federal Circuit Court of Appeals clarified that a key Supreme Court case decided in 2007, KSR International Co. Recently, in LKQ Corp. Telflex, Inc.,

Design Patent 98

Design Patent Design Designs Patent 98

IIPRD

JANUARY 7, 2025

But it’s now evident that AI is capable of producing inventions on its own, and there have been multiple documented instances of patent applications where the person applying for a patent has recognized AI as the inventor. Black-Letter Law and Commentary (BNA Books, 2007) 32 [5] Burroughs Wellcome v Barr Labs, Inc.,

IP 98

IP Intellectual Property Invention Inventor 98

The IP Law Blog

NOVEMBER 9, 2023

In 2007, as part of Hormel’s quest to improve its process for creating precooked bacon pieces, Hormel met with David Howard and others from Unitherm to discuss processes and Unitherm’s cooking equipment. In 2011, Hormel filed a patent application for the two-step process, omitting HIP’s involvement.

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Inventor Invention Art Patent 110

SpicyIP

SEPTEMBER 11, 2023

The court assessed the order and held that the same was passed on objections regarding product claims and the amendment will change the nature of the application but will remain within the scope of patent application. The court thus remanded the matter back to the patent office and directed to consider afresh.

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Registration Trademark Copyright IP 105

IP and Legal Filings

MARCH 27, 2024

Introduction The main emphasis of the case pertains to accusations of patent infringement made by the defendant, as well as the subsequent pursuit of damages. In year 2007 the plaintiffs (Bajaj Auto Ltd.) of violating their patents related to the development of “enhanced internal combustion engine technology”. 1903 RPC 225.

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Invention Patent Patent Infringement Technology 94

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. At the least, India could prevent granting patents to frivolous and low-quality patents.

Patent 72

Patent Patent Application Intellectual Property Law 72

Patently-O

MAY 21, 2024

Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § 103 “applies to all types of patents” and the text does not “differentiate” between design and utility patents.

Design Patent 119

Design Patent Design Designs Patent 119

LexBlog IP

SEPTEMBER 16, 2022

It can be costly and time consuming to provide experimental data in a patent application. And patent applicants are in a “race to the Patent Office” mindset to obtain the earliest possible priority date for their patent. 398, 407, 415 (2007). 1] Howard T. 1] Howard T. Teleflex Inc. ,

Invention 52

Invention Patent Application Art Patent 52

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. 2007), the Federal Circuit seemed to have ruled that public use requires use. ” In Motionless Keyboard Co. Microsoft Corp. , 3d 1376 (Fed. ” Id.

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Public Use Invention Patent Business 69

Intepat

APRIL 20, 2022

The idea here is that the inventor must disclose at the time of the application what is, in their opinion, the maker’s most preferred way of carrying out the invention when the patent application is filed. In the patent application 00094/C.A.L./2002, Also, in the case of Tata Global Beverages Limited v.

Patent 52

Patent Invention Inventor Art 52

IP Intelligence

APRIL 19, 2023

1] According to the ’127 patent, lipid particles having a non-lamellar morphology (which the ’127 patent defines as having a non-bilayer structure) can be formed from specific amounts of cationic lipids, non-cationic lipids, and lipid conjugates and prepared using the Direct Dilution Method (DDM). Patent Publication No.

Art 52

Art Invention Patent Application Patent 52

LexBlog IP

APRIL 19, 2023

1] According to the ’127 patent, lipid particles having a non-lamellar morphology (which the ’127 patent defines as having a non-bilayer structure) can be formed from specific amounts of cationic lipids, non-cationic lipids, and lipid conjugates and prepared using the Direct Dilution Method (DDM). Patent Publication No.

Art 52

Art Invention Patent Application Patent 52

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] litigation. Shoketsu Kinzoku Kogyo Kabushiki Co. , 722, 733 (2002). [vi] vi] Wang Labs.,

Patent Law 52

Patent Law Invention Patent Application Art 52

LexBlog IP

FEBRUARY 2, 2023

Second, they must be nonobvious over the prior art (similar inventions that existed before the patent application was filed and are known to the public). 20, 2023), the Federal Circuit Court of Appeals clarified that a key Supreme Court case decided in 2007, KSR International Co. Recently, in LKQ Corp. Telflex, Inc.,

Design Patent 52

Design Patent Design Designs Patent 52

U.S. Department of Commerce

MAY 20, 2021

Guest blog post by Hannah Wang, Primary Patent Examiner, U.S. Patent and Trademark Office (USPTO). As a primary patent examiner at the Commerce Department's United States Patent and Trademark Office (USPTO), I handle patent applications in the area of computer networking.

Trademark 52

Trademark Patent Intellectual Property Government 52

Patently-O

APRIL 16, 2024

It goes on to warn that the current trend of using clinical trial protocol summaries as evidence of obviousness is discouraging investment in pharmaceutical innovation and pressuring researchers to file patent applications too early in the drug discovery process.

Art 75

Art Patent Journalism Publishing 75

Patently-O

OCTOBER 6, 2023

US patent law has a long history of debate with regard to combination claims, with the Supreme Court’s most recent pronouncement in KSR reaffirming its old pronouncement that a combination of known elements is likely obvious absent some justification for deciding otherwise. 398 (2007). [I]f KSR Int’l Co. Teleflex Inc.,

Art 64

Art Invention Patent Patent Application 64

Patently-O

FEBRUARY 19, 2024

398 (2007). I did also find a 1925 decision by the Commissioner of Patents office affirming a rejection. ” The Assistant Commissioner rejected this argument, stating that Richter “carefully sets out the process of the present application and indicates its success.” ” KSR Int’l Co. Teleflex Inc. ,

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Invention Art Patent Design 91

LexBlog IP

AUGUST 28, 2023

8, 2023) In Starrett , the Federal Circuit considered an appeal from the Patent Trial and Appeal Board (PTAB) regarding U.S. Patent Application 15/299,124 (“the ‘124 application”). In re Starrett , 2023 U.S.P.Q.2d In re Starrett , 2023 U.S.P.Q.2d ’” Id. at *1. ” Id. ” Id.

Invention 52

Invention Patent Application Art Patent 52

The IPKat

AUGUST 16, 2021

Analysing this decision, first of all, the question arises as to how it was possible to register this patent? The subject matter of the patented invention must be new at the time of filing a patent application. In 2007, another startup, Zimride, was launched in the United States.

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Patent Troll Marketing Marketing Patent 86

LexBlog IP

MAY 9, 2023

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. During the initial testing phase, HIP alleges that Howard disclosed the infrared preheating concept that appears in claim 5 of the Bacon Patent.

Inventor 52

Inventor Invention Patent Application Patent 52

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.

Invention 61

Invention Patent Patent Application Government 61

LexBlog IP

NOVEMBER 9, 2023

In 2007, as part of Hormel’s quest to improve its process for creating precooked bacon pieces, Hormel met with David Howard and others from Unitherm to discuss processes and Unitherm’s cooking equipment. In 2011, Hormel filed a patent application for the two-step process, omitting HIP’s involvement.

Inventor 52

Inventor Invention Art Patent 52

SpicyIP

OCTOBER 19, 2023

Said to have been inspired by the American COMPETES Act, 2007, the draft Act was to “facilitate public, private or public-private partnership initiatives for building an Innovation support system to encourage Innovation ….” Patent Opposition: Navigating SpicyIP’s September pages, I chanced upon a 2009 piece from Prof.

Patent Prosecution 45

Patent Prosecution Reporting Blogging Patent 45

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Oliver graduated from Millsaps College in 2007 with a B.S. Jared Smith has extensive experience in intellectual property litigation with an emphasis on patent litigation in the consumer electronics sector. His practice emphasizes patent preparation and prosecution in the electrical, computer, and mechanical arts.

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Intellectual Property Journalism Intellectual Property Law Litigation 52

LexBlog IP

FEBRUARY 15, 2022

In doing so, the Federal Circuit also reiterated earlier precedent, stating that “expressing a desire to do business in the future does not negate the commercial character of the transaction then under discussion.” ” Junker , *11 (quoting Cargill, Inc. Canbra Foods, Ltd. , 3d 1359, 1370 (Fed.

Patent 40

Patent Invention Design Designs 40

Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

2007); In re Webb , 916 F.2d Buyer’s Direct, Inc ., 3d 1301, 1314 (Fed. 5] Gorham Co. White , 81 U.S. 511 (1871). [6] 6] See, e.g., Arminak & Assocs., Saint-Gobain Calmar, Inc ., 3d 1314, 1323 (Fed. 2d 1553, 1557-1558 (Fed. 1990); Contessa Food Prods. Conagra, Inc ., 3d 1370, 1380.(Fed. 7] Columbia Sportswear N.

Design Patent 52

Design Patent Design Designs Patent 52

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.

Invention 52

Invention Patent Art Patent Application 52

SpicyIP

NOVEMBER 30, 2024

The Controller of Patents, Kolkata, on 3 rd October, 2024, rejected the patent application for an HIV drug- Dolutegravir by VIIV Healthcare and Shionogi & Co. The Controller found the claims to be not patentable under Section 3(d) as the applicants (VIIV Healthcare and Shionogi and Co. Union of India.

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Patent Patent Application Invention Art 64