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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. 2021 Patently-O Patent Law Journal 34. Prior Patently-O Patent L.J. Below they summarize their findings.

Art 126
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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.”

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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. 2021 Patently-O Patent Law Journal 34. Prior Patently-O Patent L.J. Below they summarize their findings.

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Product Patents and Process Patents: Analysing the MHC’s Insights in the cases of Kyorin and Frito-Lay

SpicyIP

Assistant Controller Of Patents , where the patent application pertains to a claim of an “orally rapidly disintegrating tablet comprising imidafenacin”, thereby having the advantage of being easily administered to elderly people and children (application no. 5360/CHENP/2010). 5364/CHENP/2010 had been granted Patent No.

Patent 91
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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. Does substantive South African patent law preclude AI inventorship? Was granting the patent a mistake? Stephen Thaler and Prof.

Invention 128
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New PatentlyO L.J. Article: What Every Patent and Trademark lawyer Should Understand About the MPEP, TMEP, and Other Guidance

Patently-O

Read : David Boundy, What Every Patent and Trademark Lawyer Should Understand About the MPEP, TMEP, and Other Guidance: How to Use (and Defend Against) the MPEP to be a Better Advocate , 2023 Patently-O Patent Law Journal 1 (2023) ( Boundy.2021.HowToUseGuidance Prior Patently-O Patent L.J. Pre-AIAPatents ).

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Eligibility of Computer-Implemented Inventions Behind Unprecedented Numbers of Patent Office Rulings

LexBlog IP

The sole driver of the growth in ex parte decisions has been patent-eligibility according to the ‘manner of manufacture’ test under Australian patent law. Since 2010 there have been 115 published decisions on eligibility, with the claims at issue being found ineligible in 100 of those cases.