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. 3] Bertie Van Zyl (Pty) Ltd v Minister for Safety and Security 2010 (2) SA 181 (CC) para 21. [4]

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Invention Patent Inventor Intellectual Property 128

Olartemoure Blog

AUGUST 4, 2023

Some examples of beer glasses design patents in the US: BEER GLASS US D954,504 S Inventors: Nicolas Brouillac Assignee: PEUGEOT SAVEURS Date of Patent: Jun. 14 , 2022 BEER MUG US D9,304 S Inventors: William C. 23 , 1876 BEER GLASS US D724,898 S Inventors: Boyd I. King Assignee: KING, SON & CO., Date of Patent: May.

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Design Patent Designs Design Inventor 52

IPilogue

NOVEMBER 3, 2022

Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. On August 26, 2022, Moderna released a press statement that they will pursue a patent infringement lawsuit against Pfizer/BioNTech for their use of Moderna’s registered mRNA patents in creating the Pfizer COVID-19 mRNA vaccine.

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Patent Infringement Law Patent Ownership 115

Patently-O

NOVEMBER 30, 2021

2010) (en banc) (original claims can still fail). The inventor also provided testimony that those ranges in the specification could not be extrapolated to a clinical dose. But see , Ariad Pharm., Eli Lilly & Co., 3d 1336 (Fed.

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LexBlog IP

SEPTEMBER 30, 2021

While all three judges on the Court of Appeal agreed that an ‘inventor’ under the UK law must be a human being, the fact that DABUS is a machine was not immediately determinative of the outcome. In 2010 he was appointed as a Specialist Circuit Judge sitting in what was then the Patents County Court. PDF 998kB] ).

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Inventor Patent Law Patent Application Invention 52

LexBlog IP

APRIL 20, 2023

In its IPR petition, Gilead submitted that a prior art reference (Sofia), published in 2010, anticipated the claims. 2010) (en banc). Rather, the Federal Circuit wants to see that the disclosure reflects what the inventor believed to be his invention. The courts want to see what the inventor knew and when he knew it.

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LexBlog IP

OCTOBER 18, 2021

The case arises out of a 2018 lawsuit, in which four self-described inventors of DNA Arrays brought suit against Illumina, a “multibillion-dollar, global player in genetic analysis,” alleging that Illumina and its associates conspired to steal Petitioner’s trade secrets and covertly conceal the information in patent applications.

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Patent Application Inventor Patent Infringement Invention 52

SpicyIP

SEPTEMBER 5, 2022

Some studies have shown that juries favour independent inventors / start-ups over bigger corporate defendants (e.g. Moderna was set up in 2010 with its sole focus being mRNA technology. Goliath narrative is probably drawn up since Moderna has requested a jury trial. Judge Kimberly Moore, Populism and Patents, NYU L.Rev ).

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Litigation Patent Technology Ownership 137

Patently-O

AUGUST 26, 2022

2:21-cv-00126-JRG-RSP) (not available on line for free from what I can see) addressed an accused infringer’s argument that the assignment of the patent-in-suit from the sole inventor (Afana) to the plaintiff, Mobile Equity, was ineffective, and so the patentee lacked standing. Walmart (Case No. Taylor Made Plastics, Inc.,

Ownership 56

Ownership Inventor Patent Due Diligence 56

Patently-O

OCTOBER 5, 2021

Additionally, if you are a patent owner or inventor, please include the number of U.S. and foreign patents you hold; the number of patents you have licensed or sold; and the number of patent cases you have been involved in since the Supreme Court’s decision in Bilski in 2010.

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Patent Intellectual Property Invention Inventor 102

IP and Legal Filings

APRIL 5, 2022

Inventors are granted patent protection in exchange for a societal benefit. Inventors agree to expose their findings to the public via the patent specification in exchange for the public granting them an exclusive right to utilize those discoveries for a set period of time.

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IP Intelligence

DECEMBER 15, 2021

The test for adequate written description “is whether the disclosure of the application relied upon reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter as of the filing date.” [8] 2010) (en banc). 1] 35 U.S.C. § 2] Indivior UK Ltd. 2020-1933, 2021 WL 5571708 (Fed. 30, 2021). [6]

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Patently-O

MARCH 7, 2023

In 2010, a Gilead patent application published (“Sofia”) that discloses the claimed invention. In this setup, UMN’s can disregard Sofia so long as it properly claimed priority to at least one of those earlier applications.

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Invention Patent Application Patent Art 118

Patently-O

MARCH 13, 2024

To be considered analogous art, a reference must either be (1) from the same field of endeavor as the claimed invention or (2) reasonably pertinent to the particular problem addressed by the inventor, regardless of the field in which that reference was working. In re Bigio , 381 F.3d 3d 1320 (Fed. In re Clay , 966 F.2d 2d 656 (Fed.

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Art Invention Inventor Patent 69

LexBlog IP

DECEMBER 15, 2021

The test for adequate written description “is whether the disclosure of the application relied upon reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter as of the filing date.” 2010) (en banc). 1] 35 U.S.C. § § 112(a). [2] 2] Indivior UK Ltd. 30, 2021). [6]

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Inventor Art Invention Patent 52

Patently-O

DECEMBER 20, 2023

Recent research has, for example, shown that women and people of color are underrepresented among patent-seeking inventors and among lawyers and agents at the PTO. Yet scholarship on racial and gender inequality in the patent system is growing.

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Government Patent Law Law Patent 69

Canadian Intellectual Property Blog

JANUARY 6, 2021

This changed in 2010 with the granting of the Amazon 1-click patent. A claim element is essential if: Modifying or substituting the claim element would change the way the invention works The inventor intended that the claim element be essential If a claim element is essential, the patent Examiner must consider it.

Business 52

Business Patent Invention Intellectual Property 52

Patentably Defined

JUNE 7, 2012

Art is analogous when it is: (1) from the same field of endeavor as the claimed invention; or (2) reasonably pertinent to the particular problem faced by the inventor, if the art is not from the same field of endeavor. 2010-1290, slip op. 2010-1290, slip op. 2010-1290, slip op. BRIEF SUMMARY OF RELEVANT LAW. at 12 (Fed.

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Patently-O

MAY 26, 2023

The approach of Amgen echoes that of the Supreme Court’s 2010 Bilski decision, which advised a simple adherence to established precedents. Morse , 15 How. 62 (1854), as an enablement decision, even though in both Alice and Mayo , the court had labeled O’Reilly as an eligibility decision. Cutter , 29 F. 1120 (C.C.D.

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Patent Law Inventor Patent Law 72

LexBlog IP

NOVEMBER 16, 2022

A specification is said to provide adequate written description when it “reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter as of the filing date.” 2010) ( en banc ). ” Ariad Pharms., Eli Lilly & Co. , 3d 1336, 1351 (Fed. In Juno Therapeutics, Inc.

Invention 52

Invention Inventor Art Patent 52

LexBlog IP

DECEMBER 21, 2023

7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S. Vague language and all-encompassing quantifiers can leave inventors with nothing but a metaphorical lump of coal. patent law. Under 35 U.S.C.

Patent Drafting 52

Patent Drafting Patent Inventor Invention 52

LexBlog IP

AUGUST 18, 2021

Between 2010 and early 2020, there were typically between 100 and 200 innovation patent applications filed each month. I therefore suspect that being an inventor or applicant on a granted patent may have benefits for people pursuing academic or research careers in India.

Patent Application 52

Patent Application Patent Intellectual Property Inventor 52

Patently-O

FEBRUARY 27, 2024

The two-step analogous arts test for obviousness involves determining whether a reference is within the scope of the prior art by considering two separate tests: Same Field Test: This test asks whether the reference is in the same field as the inventor’s endeavor. Master Lock Co., 3d 1231 (Fed. Firepass Corp., 3d 1374 (Fed.

Art 122

Art Invention Patent Application Patent 122

IP Intelligence

NOVEMBER 16, 2022

A specification is said to provide adequate written description when it “reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter as of the filing date.” 2010) ( en banc ). Ariad Pharms., Eli Lilly & Co. , 3d 1336, 1351 (Fed. In Juno Therapeutics, Inc. Kite Pharma, Inc. ,

Invention 52

Invention Inventor Art Patent 52

IP and Legal Filings

MARCH 2, 2023

An inventor who can establish that his or her creation meets parameters for innovation, non-obviousness, and utility will be awarded a patent, which is a compendium of exclusive rights. LG Electronics, Inc.,

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Intellectual Property IP Marketing Marketing 97

Patently-O

JANUARY 4, 2024

. § 112(a) and requires a patent specification to demonstrate the inventor actually possessed the full scope of the claimed invention at the time of filing. As the Federal Circuit re-established in Ariad Pharmaceuticals, Inc. Eli Lilly & Co. , 3d 1336 (Fed.

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Inventor Invention Patent Art 64

Patently-O

MAY 17, 2024

In justifying its decision, the ARP emphasized the need to ensure that patent claims do not “overreach the scope of the inventor’s contribution to the field of art as described in the patent specification.” ” quoting Ariad Pharms., Eli Lilly & Co. , 3d 1336 (Fed.

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Invention Patent Inventor Patent Application 89

U.S. Department of Commerce

JUNE 2, 2021

Those changes would not have been possible without the amazing inventors behind them – women and men who inspire us all with their spirit of ingenuity and perseverance. From the personal computer to satellite technology, the last few decades of technological innovation have dramatically changed the way we live our lives.

Technology 52

Technology Intellectual Property Invention Inventor 52

SpicyIP

AUGUST 3, 2023

In 2010, the amended version of the bill was presented by the Parliamentary committee (see generally, Indian “Bayh Dole” Amendments: A Historic Moment in Indian IP Policy Making ). I conclude this Julys’ sift here only to begin a new sift – in the SpicyIP’s Pages of “Augusts”.

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Registration IP Copyright Blogging 98

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 4, 2022

Samsung argued that there were potential witnesses from non-party Samsung Research America (“SRA”), three of the five named inventors, prosecution counsel for the patents, and third-party AliphCom in the NDCA. 1] Jawbone Innovations, LLC v. Samsung Electronics Co., 2:21-cv-00186, Dkt. 164 at 1. [2] at 6, 12. [13] at 10–11. [20]

Litigation 72

Litigation Patent Business Inventor 72

IP and Legal Filings

APRIL 5, 2022

Inventors are granted patent protection in exchange for a societal benefit. Inventors agree to expose their findings to the public via the patent specification in exchange for the public granting them an exclusive right to utilize those discoveries for a set period of time.

Invention 52

Invention Inventor Business Patent 52

IIPRD

APRIL 28, 2023

While the goal of IPR law is to preserve inventors’ rights over their creations, the goal of competition law is to maintain effective market competition by prohibiting anti-competitive acts and the misuse of dominant positions. IPR law’s goal has been changed from defending individual inventors to promoting new ideas. [2]

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Intellectual Property Inventor Law Marketing 52

LexBlog IP

OCTOBER 31, 2022

2010/0128588 (Shuman) is directed to a Halloween greeting system for prompting young children to remember to say “trick or treat” and “thank you.” ” The inventor, who was also a patent attorney, must have been irked by rude trick-or-treaters. In the same field as Schilling’s invention, U.S.

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Invention Patent Application Art Social Media 52

LexBlog IP

JULY 5, 2022

In order in ensure the best protection, trade dress should be considered in circumstances where a fashion product has sufficiently established that the design has secondary meaning, the design’s use has been continuous, and the inventor is willing to continuously police the marketplace and enforce their right. 2010) (citing Lee v.

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Intellectual Property Design Patent Designs Design 52

Patently-O

MARCH 26, 2024

Such inventors are worthy of all favor. 593, 654–55 (2010). This aspect of the ruling emphasizes the importance of original contribution in the inventive process and the need for inventors to demonstrate that they have not merely appropriated the ideas of others. Kappos , 561 U.S. & Trademark Off. 184, 201 (2014).

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Invention Art Patent Designs 59

Selvam & Selvam Blog

AUGUST 11, 2023

In a similar case, the Judge observed that “ If inventors, who seek to invent patents, are going to suffer such treatment, it would ultimately disincentivize persons from exercising their inventive faculties and coming with new and innovative technologies which would ultimately be deleterious to the national interest as well.

IP 52

IP Intellectual Property Due Diligence Trademark 52

Above the Fold

JULY 5, 2022

In order in ensure the best protection, trade dress should be considered in circumstances where a fashion product has sufficiently established that the design has secondary meaning, the design’s use has been continuous, and the inventor is willing to continuously police the marketplace and enforce their right. 2010) (citing Lee v.

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Intellectual Property Design Patent Designs Design 40