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Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Acquiring Design Patents.

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WIPO General Assembly moves to diplomatic conferences on designs and traditional knowledge associated with genetic resources

The IPKat

On 21 July 2022, Member States of the World Intellectual Property Organization (WIPO) approved the convening of diplomatic conferences on designs and genetic resources, no later than 2024. Diplomatic conferences are negotiating rounds where multilateral treaties are adopted or revised.

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Patent Law and the False Claims Act.

Patently-O

government since 1863 (the “Lincoln Law”) and is designed as a mechanism for catching (and thus deterring) fraud against the Federal Government. The law incentivizes whistleblowing — non-governmental folks (known as “qui tam relators”) can file the action on behalf of the U.S. 3730(e)(4)(A) (2010).

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A Typical Eligibility Case in 2023

Patently-O

In Bilski , the Supreme Court recognized that the traditional exclusions of “abstract ideas” and “laws of nature” were not textually derived, but were of such antiquity that their precedent could be maintained and justified. 593 (2010). But, those motions are designed to be based simply on the pleadings.

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DABUS Again Denied in the US and the UK, Part II – the Split Decision in the UK

LexBlog IP

Arnold LJ is the preeminent patent law specialist on the Court of Appeal. He was elevated to the Court of Appeal in 2019, after being appointed to the High Court in 2008, and as Judge in Charge of the Patents Court in April 2013. PDF 998kB] ). Impressive as this is, however, Birss LJ is no lightweight.

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Legal Lessons from Holiday Lights: Clarity in Patent Drafting

LexBlog IP

7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S. patent law. 122(b)(2)(B)(i), the patent application was kept under wraps, avoiding publication until patent issuance. Under 35 U.S.C.

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The Quest for a Meaningful Threshold of Invention: Atlantic Works v. Brady (1883)

Patently-O

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.”